
Book /^ /t T' 



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DEPARt MENT OF THE INTERIOR 
BUREAU OF EDUCATION 



BULLETIN, 1915. No. 47 



DIGEST OF 

STATE LAWS RELATING TO 

PUBLIC EDUCATION 

IN FORCE JANUARY 1, 1915 



Compiled by 

WILLIAM R. HOOD 

with the assistance of 
STEPHEN B. WEEKS and A. SIDNEY FORD 




WASHINGTON 

GOVERNMENT PRINTING OFHCE 

1916 



IL 



Jfioflft^mpt* 



y/M 



DEPARTMENT OF THE INTERIOR 

BUREAU OF EDUCATION 



BULLETIN, 1915, No. 47 



DIGEST OF 

STATE LAWS RELATING TO 

PUBLIC EDUCATION 

IN FORCE JANUARY 1, 1915 



£S7 



Compiled by 

WILLIAM R. HOOD 

with the assistance of 
STEPHEN B. WEEKS and A. SIDNEY FORD 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1916 



/ ^ 






ADDITIONAL COPIES 

OF THIS PUBLICATION MAY BE PEOCUEED FBOM 

THE SUPERINTENDENT OF DOCUMENTS 

GOVERNMENT PRINTING OFFICE 

■WASHINGTON, D. C. 

AT 

60 CENTS PER COPY 



D. of D. 
FEB 26 1916 



Jj; OOl^TElSTTS 



Page. 

Letter of transmittal 7 

Introduction, 9 

Plan of classification 12 

A. General administrative control and supervision of public education 15 

General 15 

State boards 15 

State officers 43 

State inspection of schools . 68 

County boards— 69 

County officers 85 

District, township, and municipal boards and officers 115 

School meetings; elections; qualifications of voters 181 

■ Administrative units — districts, townships, municipalities, etc. ; 

formation; division; consolidation 191 

B. State finance and support 270 

General 270 

State school lands 292 

Permanent State school funds ; composition and investment 295 

State taxation for school purposes 300 

General apportionment of State school funds ; special State aid for 

elementary education 305 

Special State aid for secondary education 317 

C. Local (county, district, municipal) finance and support 318 

General 318 

Local (county, district, municipal) bonds and indebtedness 325 

Local (county, district, municipal) taxation for school purposes 339 

Poll taxes, etc ^^_ 352 

D. Buildings and sites 354 

General : 354 

State aid ; approval of plans 367 

Decoration, care, sanitation ; inspection ; fire escapes 369 

Prohibition districts 371 

United States flag in schools 372 

E. The examination and certification of teachers 373 

Teachers ; general qualifications 373 

Teachers' examinations and certificates, general 376 

Teachers' examinations and certificates, special 431 

Teachers' certificates: Validity, indorsement, registration, revoca- 
tion 432 

Teachers' certificates : Recognition of normal school and college or 

university diplomas 433 

Teachers' associations; reading circles 435 

F. Teachers: Employment, contract, appointment, dismissal 436 

General; tenure; duties; etc 436 

Salaries 444 

Pensions 447 

3 



4 CONTENTS. 

Pace. 

G. Teachers: Professional training and education 465 

University departments and schools of education 465 

State normal schools . 465 

County and local normal and training schools 487 

Teachers' institutes and summer schools 492 

H. School population and attendance 504 

General 504 

School census 505 

School year, month, day; minimum term 510 

School holidays '. 516 

Place of attendance; consolidation of schools; transporation of 

pupils 518 

Compulsory attendance; truancy; truant officers 527 

Child labor 559 

Separation of the races 585 

I. School discipline 587 

General 587 

Corporal punishment 589 

Suspension and expulsion 589 

Fire drills 590 

School fraternities 591 

J. Health regulations 593 

General 593 

Physical examination and medical inspection 596 

Vaccination 601 

K. Textbooks and supplies 602 

General , 602 

Free textbooks 603 

Uniformity of textbooks 607 

L. Subject matter of instruction 626 

General; course of study 626 

History, civics, and patriotism 633 

Physical education 634 

Physiology and hygiene ; alcohol ; narcotics ; other health instruc- 
tion 634 

Moral and ethical education 637 

Humane treatment of animals 637 

Music 638 

Drawing " 638 

Technical, manual, and industrial education 639 

Agriculture 641 

Days of special observance 644 

Other special subjects 646 

Sectarian instruction; Bible in the school 647 

Modern languages 648 

M. Special types of school 648 

General 648 

Kindergartens 648 

Evening schools , 651 

Vacation schools, playgrounds, social centers 654 

University and school extension; public lectures 655 

Farmers' institutes, etc 655 

Private and endowed schools; parochial schools 655 



CONTENTS. 5 

Page. 

N. Secondary education : High schools and academies 655 

General 655 

High-school inspection 691 

O. Technical, industrial, and vocational schools: Elementary and sec- 
ondary 692 

General 692 

Agricultural schools 702 

Trade schools 709 

Continuation schools 710 

P. Higher educational institutions 711 

General 711 

Finance; lands; support — 715 

State universities and colleges 716 

Carnegie fund 741 

Q. Professional and higher technical education 741 

Teachers' colleges and normal schools 741 

Agricultural colleges 741 

United States grant 758 

Mining schools 758 

Military schools 761 

Other technical and professional schools 762 

R. Private and endowed higher institutions ; State control 767 

Higher institutions 767 

Corporations of an educational character 767 

S. Libraries and museums 770 

General 770 

Public-school libraries 770 

T. Education of special classes 784 

General . 784 

Deaf and dumb 784 

Schools for the blind 801 

Crippled and deformed 809 

Feeble-minded 809 

Tuberculous children , 816 

U. Welfare of dependents and delinquents 817 

General 817 

Wrongs to children 817 

Juvenile courts 819 

Conduct of children 829 

Truant, detention, reform schools, and schools for dependents 829 

APPENDIXES. 

A. State constitutional provisions relating to public education 863 

Alabama 863 

Arizona 868 

Arkansas 872 

California—^ 873 

Colorado 875 

Connecticut and Delaware 879 

Florida 880 

Georgia 882 



6 CONTENTS. 

A. State constitutional provisions relating to public education — Contd. Page. 

Idaho 883 

Illinois 886 

Indiana 887 

Iowa 888 

Kansas 890 

Kentucky 891 

Louisiana 893 

Maine 897 

Maryland and Massachusetts 898 

Michigan 899 

Minnesota 901 

Mississippi 903 

Missouri 904 

Montana 908 

Nebraska 910 

Nevada 912 

New Hampshire and New Jersey 913 

New Mexico , 914 

New York 917 

North Carolina 918 

North Dakota 920 

Ohio 924 

Oklahoma 925 

Oregon 928 

Pennsylvania 929 

Rhode Island and South Carolina 930 

South Dakota 933 

Tennessee and Texas 938 

Utah 941 

Vermont and Virginia 944 

Washington . — 946 

West Virginia — — 948 

Wisconsin 950 

Wyoming 952 

B. Federal legislation affecting agricultural colleges and experiment sta- 
tions 956 

C. Public-school systems in American Territories, districts, and insular 
possessions ^ 969 

Index ^ 975 



LETTER OF TRANSMITTAL 



Department of the Interior, 

Bureau of Education, 
Washington^ SepteTriber 13, 1915. 
Sir: There has long been great need of an accurate and compre- 
hensive compilation and digest of all the school laws of the several 
States, so arranged that students of school administration may easily 
find the law of any State on any subject and compare the laws of any 
two or more States. To meet this need I recommend that the manu- 
script transmitted herewith be published as a bulletin of the Bureau 
of Education. This manuscript has been prepared by Mr. William 
R. Hood, a member of the Bureau of Education, with the help of 
Dr. S. B. Weeks and Mr. A. S. Ford. 
Respectfully submitted. 

P. P. Claxton, 

C ommissioner. 
The Secretary of the Interior. 



EKRATA. 

Page 94, line 22: For "bears no" read "bears to." 

Page 98, under Minnesota, line 15: Between "may bold county" and "such insti- 
tute" insert, "teacbers' institutes in various parts of county not to exceed two 
days for eacb." 

Page 129, lines 14-16: For sentence beginning "Books and accounts," etc., read 
' ' Books and accounts of any trustee sball always be subject to inspection by county 
superintendent, auditor, or county commissioners." 

Page 166, under Soutb Dakota: Omit line 8. 

Page 174, lines 10-13: For "take annual census," etc., read "take annual census of 
persons between 5 and 21 years old, of defective cMldren of sucb ages, and of 
Indian cMldren under wbite guardianship or wbo bave severed tribal relationship . ' ' 

Page 206, Une 8: For "avoided" read "provided." 

Page 422, line 19: After "A person who has" omit "been." 

Page 533, Une 23: For " Indian" read "Indiana." 

Page 728, under Missouri, line 5: For "two " read "three." 

Page 788, line 4: After " each year" insert "as case requires." 

Page 813, under North Dakota: Add " T (c), schools for the bHnd." 

Page 858, under Vermont, line 12: After " not less than " insert "10." 
8 



DIGEST OF STATE LAWS RELATING TO PUBLIC 

EDUCATION. 



INTRODUCTION. 

Tliere has been recently an increased interest in educational legisla- 
tion. The school administrator and the student of educational sys- 
tems now turn for information and help to legal provisions as they 
turn to statistics or to the opinions of experienced schoolmen. And 
they often Qnd in the law more that is definite and pointed than may 
be found in statistics or discussion. Legislation on most educational 
subjects has passed beyond the experimental stage. A particular law 
in a State may originally have been enacted years ago and may. now 
be materially amended in the light of experience. The study of such 
a law proves of substantial benefit in a State which has had less 
experience with the operation of an enactment of its kind, and espe- 
cially in a State where no enactment of its kind has found its way to 
the statute books. Nor is an old law alone helpful. A new statute 
is not now enacted in the same haphazard way as formerly. The 
help of experts, legislative reference bureaus, educational associa- 
tions, and societies for the promotion of particular types of educa- 
tion is generally available and is often used with profit in drafting 
such statutes. 

Accompanied with this new interest in educational legislation have 
been increased demands upon the Bureau of Education for informa- 
tion regarding school laws. So numerous had requests for such in- 
formation become, and so much work of a fragmentary nature had 
been made necessary thereby, that it was decided to attempt to bring 
together in one volume a digest, or summarj^, of all general laws 
relating to public education. This bulletin is the result. It contains 
all laws in force January 1, 1915, relating to publicly supported edu- 
cation, excepting ordinary appropriations, legislation of local appli- 
cation, and special charters, as charters of cities. The enactments of 
1915 are not included for the reason that much of the work of digest- 
ing was completed prior to December 31, 1914, and for the further 
reason that complete data for presenting a digest of these enactments 
will not be available for use in the bureau until late in the autumn of 
1915. These enactments, as well as those of each succeeding year, will 
be published in a separate bulletin. In that way this digest, published 

9 



10 STATE LAWS EELATING TO PUBLIC EDUCATION. 

as of January 1, 1915, will become a landmark, and succeeding an- 
nual or biennial supplements will be published with a view to bring- 
ing the bureau's summary of educational legislation up to date. 

The preparation of a digest of this kind may be done with much 
labor and care, and yet the finished product will in all probabil- 
ity display palpable limitations. In the first place, the laws them- 
selves with which the compiler must work are far from perfect. They 
contain many inconsistencies and are sometimes even contradictory. 
In a prefatory note one State superintendent of schools says that, 
owing to contradictions in different enactments, only extracts from 
the more important educational legislation are included in the 
pamphlet of school laws which he publishes. In another State the 
compiler of the general code has omitted legislation relating to cer- 
tain institutions because of the want of authority to codify this legis- 
lation and eliminate confusion. When, as has been done in a few 
cases, each of the States writes a complete school code and enacts it 
into a single law, the contradictions and confusing provisions may be 
largely eliminated and the work of compiling a digest of school laws 
will be made easier and more nearly free from error. Another one 
of the limitations of a digest of this kind is due to general authoriza- 
tions found in many statutes. Where large discretionary powers are 
conferred by statute upon boards or officers, obviously conditions 
prevailing under such general authorizations will not appear in the 
digest. For example, agriculture may be taught in a State under 
authority of the State board of education to prescribe the course of 
study for the public schools, and the fact that it is taught will not 
appear in a work of this kind. A third limitation is the absence 
of special charters from the digest. Much instructive law may appear 
in these charters, but it would require a greater amount of time and 
space than has been at the disposal of the compiler of this digest to 
give them adequate treatment. 

The digest, however, should serve a. useful purpose. For the 
person desiring merely a ready reference work showing what States 
have legal provisions relating to any particular educational subject, 
it should meet all requirements ; while to the more interested student 
it will give the main provisions of the law. Eeferences to sources 
might have been included, if it had not been for limitations of space. 
Approximately 13,000 pages of statutory law have been reduced to 
the compass of a few hundred pages here. Obviously the enormous 
number of references, which would have been added, if their inclu- 
sion had been thought advisable, would materially increase the size 
of the volume and the consequent cost of publication. 

The sources used in preparing the digest were the pamphlet school 
laws as published by each State; the code, or revised statutes, for 
subjects not appearing in the pamphlet school laws; and the acts 



INTRODUCTION. 11 

of the sessions of the legislature held since the publication of the 
school laws or the Code. From these sources every general law relat- 
ing to public education or to a State educational institution should 
be derived. When all available law for the subjects treated had 
been summarized for a particular State, a typewritten copy of the 
summary, or digest, was sent to the department of education of that 
State for examination and criticism. All of the chief State school 
officers, except one,^ returned the manuscript with such corrections 
or suggestions as they thought proper. All suggestions made, except 
in a few cases where the matter of form of presentation was in- 
volved, were embodied in the digest. 

In compiling the digests the writer has had the assistance of two 
other persons.^ Since the compiling proper was completed much 
effort has been made to check against errors and omissions which may 
have escaped the compiler or the State department of education. 
In this effort use has been made of a large amount of data which 
had been previously collected regarding numerous subjects, as, for 
examples, child labor, free textbooks, uniform textbooks, medical 
inspection, and schoolhouse construction. Judicial decisions are 
reserved for a possible separate study at some future time. 

The plan of presentation is self-explanatory. The various items 
are classified and presented under an outline which begins with State 
administrative agencies and proceeds through the entire school sys- 
tem. The outline is, with the exception of a few modifications, the 
same as that used by Dr. Edward C. Elliott in some earlier legisla- 
tive bulletins of the Bureau of Education, entitled " State School 
Systems," and by James C. Boykin and the writer in a bulletin en- 
titled " Legislation and Judicial Decisions Relating to Education." 

1 Superintendent of education of South Carolina. 

2 Laws of States were compiled as follows : By Stephen B. Weeks — Kentucky, Mary- 
land, and Mississippi. By A. Sidney Ford — Louisiana, Massachusetts, Nebraska, Nevada, 
New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, 
Rhode Island, Vermont, Washington, West Virginia, and Wisconsin. By Wm. R. Hood — 
all other States. 



PLAN OF CLASSIFICATION. 

A. General Administrative Control and Supervision of Elementary and 

Secondary Education. 
a. General. 
6-1 State boards. 
6-2 State officers. 
6-3 State inspection of schools. 
c-1 County boards. 
c-2 County officers. 

d. District, township, and municipal boards and officers. 

e. School meetings; elections; qualifications for voters. 

/. Administrative units — Districts, townships, municipalities, etc.: 
formation ; divisions ; consolidation. 

B. State Finance and Support. 

a. General. 

6. State school lands. 

c. Permanent State school funds: Composition and investment. 

d. State taxation for school purposes. 

e. General apportionment of State school funds; special State aid 

for elementary education. 
/. Special State aid for secondary education. 

C. Local (County, District, Municipal) Finance and Support. 

a. General. 

6. Local (county, district, municipal) bonds and indebtedness. 

c. Local (county, district, municipal) taxation for school purposes. 

d. Poll taxes, etc. 

D. Buildings and Sites. 

a. General. 

6. State aid; approval of plans. 

c. Decoration; care; sanitation; inspection; fire escapes. 

d. Prohibition districts. . " 

e. United States fiag in schools. 

E. Teachers in Elementary and Secondary Schools. 

a. Teachers : Qualifications, general ; examination fees. 
6. Teachers' examinations and certificates: General. 

c. Teachers' examinations and certificates : Special. 

d. Teachers' certificates: Validity; indorsement; registration; revo- 

cation. 

e. Teachers' certificates : Recognition of normal school and college or 

university diplomas. 
/. Teachers' associations; reading circles. 

F. Teachers : Employment ; Contract ; Appointment ; Dismissal. 

a. General; tenure, duties, etc. 
6. Teachers' salaries, 
c. Teachers' pensions. 
12 



PLAN OF CLASSIFICATIOlSr. 18 

G. Teachebs : Professional Training and Education. 

a. University departments and schools of education. 

&. State normal schools. 

c. Comity and local normal and training schools. 

4. Teachers' institutes and summer schools. 
H. School Population and Attendance. 

a. General. 

6. School census. 

c. School year; month; day; minimum term. 

d. School holidays. 

e. Place of attendance; consolidation of schools; transportation of 

pupils. 
/. Compulsory attendance ; truancy ; truant officers. 
g. Child labor. 
li. Separation of the races. 
I. School Discipline. 
a. General. 
Z>. Corporal punishment. 

c. Suspension and expulsion. 

d. Fire drills. 

e. School fraternities. 
J. Health Regulations. 

a. General. 

6. Physical examination and medical inspection. 

c. Vaccination. 
K. Textbooks and Supplies. 

a. General. 

T). Free textbooks. 

c. Uniformity of textbooks, 
L. Subject Matter of Instruction. 

a. General; course of study. 

?>. History, civics, and patriotism. 

c. Physical education. 

d. Physiology and hygiene; alcohol; narcotics; other health instruc- 

tion, 
e. Moral and ethical education. 
/. Humane treatment of animals. 
g. Music. 
h. Drawing. 

i. Technical, manual, and industrial education. 
;*. Agriculture, 

Tc. Days of special observance. 
I. Other special subjects. 

m. Sectarian instruction; Bible in the schools. 
n. Modern languages. 
M. Special Types of School. 
a. General. 
6, Kindergartens, 

c. Evening schools, 

d. Vacation schools; playgrounds; social centers. 

e. University and school extension; public lectures, 

/, Farmers' institutes, etc. 

g. Private and endowed schools; parochial schools. 



14 STATE LAWS RELATING TO PUBLIC EDUCATION. 

N. Secondary Education : High Schools and Academies. 

a. Genera L 

6. High-sctiool inspection. 
O. Technical, Industrial, and Vocational Schools : Elementary and Sec- 
ondary. 

a. General. 

&. Agriculture. 

c. Trade. 

d. Continuation. 

P. Higher Educational Institutions. 
a. General. 
J). Finance: lands; support. 

c. State universities and colleges. 

d. Carnegie fund. 

Q. Professional and Higher Technical Education. 
a. Teachers' colleges and normal schools. 
6. Agricultural colleges. 

c. United States grant. 

d. Mining schools. 

e. Military schools. 

f. Other technical and professional. 

R. Private and Endov^ed Higher Institutions : State Control. 

a. Higher institutions. 

ft. Corporations of an educational character. 
S. Libraries and Museums. 

a. General, 

&. Public-school libraries. 
T. Education of Special Classes. 

a. General. 

It. Deaf and dumb. 

c. Blind. 

d. Crippled and deformed. 

e. Feeble-minded. 

f. Tuberculous children. 

U. Welfare of Dependents and Delinquents. 
a. General. 
6. Wrongs to children. 

c. Juvenile courts. 

d. Conduct of children. 

e. Truant, detention, reform schools, -and schools for dependents. 



DIGEST OF STATE LAWS RELATING TO PUBLIC 
EDUCATION. 



GENERAL ADMINISTRATIVE CONTROL AND SUPERVISION OF PUB- 
LIC EDUCATION. 



(a) General. 

See Appendix A. State constitutional provisions relating to public educa- 
tion. 



A(bl). State Boards. 

Alabama: See E (b), General certificates; G (b), State normal schools; 
K (c), Uniformity of textbooks; N (a), High schools; O (b), Agricultural 
schools. 

Arizona: State board of education shaU consist of governor, State superin- 
tendent, president of the university, principals of State normal schools, ex 
officio, and a city superintendent of schools, a principal of a high school, and a 
county superintendent to be appointed by the governor. Board shall meet at 
the call of the secretary (State superintendent) at least once in each quarter 
at State capitol. Poivers and duties: To keep a record of its proceedings; 
adopt an official seal; adopt rules and regulations for government of public 
schools; devise plans for the increase and management of the State school 
fund; prescribe and enforce a uniform series of textbooks, series not to be 
changed during a period of five years; prescribe course of study for common 
schools, fix qualifications for graduation from high schools, and prescribe 
entrance requirements for State normal schools and State university; have 
general charge of education of deaf, dumb, and blind ; issue teachers' life cer- 
tificates; revoke all certificates for cause; maintain State headquarters at 
National Education Association. 

See also A(b2), State officers; A (d) District boards and officers; E (b) 
General certificates; K (b). Free textbooks; L (i), Manual and industrial 
education; N (a). High schools; T (b). Schools for the deaf. 

Arkansas: A State board of education to be composed of the State superin- 
tendent and one member from each congressional district (seven districts) is 
created. Members from congressional districts shall be appointed by the 
governor ; term, seven years, one being appointed each year. Appointed mem- 
bers shall serve without compensation, but shall receive actual expenses when 
attending meetings. Board shall have the management and investment of the 
State common-school fund ; it shall at its annual meeting settle with the State 
treasurer all accounts of the common-school fund and shall ratify the appor- 
tionment of school funds by the State superintendent. Board may grant 
charters to institutions of learning and may revoke the same for failure to 

15 



16 STATE LAWS RELATING TO PUBLIC EDUCATION. 

maintain required standards. State superintendent, under the supervision of 
tlie State board of education, shall, on application of the holder of a first- 
grade county license, examine the papers submitted by said holder of a 
county license at county examination and said superintendent may issue a 
certificate of same grade to said holder, which certificate shall be valid in all 
counties. State superintendent, under the supervision of State board of edu- 
cation, may issue State or professional licenses based upon State teachers* 
certificates granted in other States, or based upon normal school diplomas or 
degrees from educational institutions, if examination passed or course of 
study pursued by applicant is found of required standard. Said superin- 
tendent, under supervision of State board, may for cause revoke any certifi- 
cate provided for under this act. Any county examiner or county superin- 
tendent may issue a county license based upon State teacher's certificate 
granted in another State, or based upon normal school diploma or degrees 
from educational institutions, if such license, diploma, or degree shall have been 
accredited by the State board of education. Other duties of 'board: To have 
general supervision of the public schools ; may, when called on to do so, pre- 
pare and distribute plans for schoolhouses ; provide courses of study for ele- 
mentary and high schools ; make rules for the sanitary inspection of school- 
houses and for the examination of pupils for infectious diseases ; standardize 
public schools and prescribe requirements for accrediting graded and high 
schools. State board or State superintendent shall not prescribe any text- 
book to be used. State board shall keep a record of its proceedings and shall 
make a biennial report. 

See also N (a). High schools. 

California: State board of education shall consist of seven members appointed 

by the governor ; term, four years, two or one retiring each year ; no member 
shall hold any salaried educational position; State superintendent shall be 
secretary and executive officer. Board shall determine all questions of 
policy; superintendent shall execute rules of the board and direct work 
of assistant superintendents and other employees of the board. Regular 
meetings every three months and special meetings on petition of two mem- 
bers; majority necessary to valid action. Powers and duties: To adopt 
rules and regulations for government of all State-supported schools except 
the University of California ; issue subpoenas and compel attendance of wit- 
nesses ; adopt and use an official seal ; appoint three assistant State superin- 
tendents as commissioner of elementary schools, commissioner of secondary 
schools, commissioner of industrial and vocational education; study educa- 
tional conditions and conduct investigations and employ experts for such 
purpose ; require reports of school officers ; report biennially to the governor ; 
prescribe credentials upon which persons may be granted certificates to 
teach in high schools, provided such credentials equal graduation from the 
State university; consider credentials of persons having taught 20 months 
or more; grant life diplomas of four grades, viz, high school, grammar 
school, kindergarten-primary, and for special subjects; revoke or suspend 
certificates for cause; have required printing done; have textbooks for ele- 
mentary schools printed by the State ; contract with publishers and authors 
for plates, maps, engravings, copyrights, etc., for use in publishing text- 
books; order State superintendent to give notice of books published and 
required to be used; enforce the uniform use of books adopted; supervise 
printing by State printer and receive bill of cost of printing books; fix the' 
price of books, adding cost of plates, etc., and 10 per cent as overhead ex- 
pense. Orders for books shall be sent to State superintendent, who shall 



A (bl). STATE BOARDS. 17 

order shipment; superintendent shall keep account of receipts from sale 
of books and shall report to controller monthly; money shall he paid to the 
credit of the " school textbook fund." State board shall fix amount paid 
for royalty, plates, etc., and payment shall be made quarterly to publishers 
and authors. Teachers shall send estimate of books required; on receiving 
order from State superintendent person in charge of warehouse shall ship 
books to district; books may be sold to private schools. Compensation of 
State board members, $15 per day while board is in session and actual trav- 
eling expenses. Within appropriation State board may appoint clerical 
assistants. In adopting books State board shall give preference to textbooks 
written, compiled, and publislied in California. 

See also F (c). Teachers' pensions; G (b). State normal schools; N (a), 
High schools; S (b), School libraries. 

Colorado: The State superintendent, the secretary of state, and the attorney 
general shall constitute the State board of education ; such board shall meet 
in December and at other times when deemed proper, and shall make rules 
for Its own government and for the government of the public schools. State 
board may grant State diplomas to teachers of good moral character and 
eminent professional ability who have taught successfully for at least two 
years; such diploma shall supersede the necessity of any and all other 
examinations. Said board may grant a State diploma without examination 
to a person who has rendered eminent service in educational work for a 
period of not less than six years. Board shall grant State diploma without 
examination to person who has been teaching in a high school of the State 
for at least 45 months at the time of the passage of tJiis act (1909). Board 
shall grant diplomas to graduates of standard Colorado colleges who have 
taught at least 24 months and who have taken professional training equiva- 
lent to at least one-sixth of a standard four-year college course. State 
diplomas shall be valid for five years, unless sooner revoked by State board, 
and at the end of said period may be renewed for an additional five years. 
At the end of second five-year period they may be renewed for life. Board 
may revoke a diploma for cause. The State board of examiners shall con- 
sist of the State superintendent and eight members appointed by the State 
board of education. Terms of appointive members four years, two being 
appointed each year. Said examiners shall examine all applicants for State 
diplomas who are required to be examined. Examination shall be in such 
subjects and on such terms as board of examiners shall determine. Board 
of education shall grant diplomas to such as pass satisfactory -examination. 

See also A (d). District boards and officers; B (c), Permanent State school 
funds; E (b). General certificates; G (d). Teachers' institutes and summer 
schools; Q (b), Agricultural colleges; T (b). Schools for the deaf. 

Connecticut: The State board of education shall consist of seven members, not 
more than two of whom shall come from the same congressional district; 
governor and lieutenant governor shall be ex officio members; legislature 
shall at each biennial session elect one member whose term shall begin July 
1 following and one member whose term shall begin July 1 of the year fol- 
lowing. Governor shall, during each regular session of the legislature and 
with the consent of the senate, appoint one member for a term of two years. 
Said board shall appoint a secretary and fix his duties and compensation; 
it may also hire necessary clerks. Said board shall have general supervision 
and control of the educational interests of the State, may direct what books 
shall be used in its schools, but shall not change books oftener than once in 
five years; shall prescribe forms of registers and blanks to be used by 
3966*— 15 2 



18 STATE LAWS RELATING TO PUBLIC EDUCATION. 

teachers and scliool officers ; Phall keep informed as to tlie condition and prog- 
ress of the public schools; shall provide for holding meetings of teachers 
and school officers for promoting progress of the public schools, but expenses 
of such meetings shall not exceed $4,000 annually; shall report annually in 
January to the governor; shall prepare and distribute to schools an outline 
of questions and suggestions relating to citizenship; may, upon examination 
in such branches and on such terms as it may prescribe, grant certificates to 
teach in any public school in the State; shall prepare and furnish free of 
charge test cards for testing the eyesight of all pupils of the public schools, 
and principal or teacher of every school shall make sucli tests triennially; 
may appoint an agent to secure the observance of the school laws, and such 
agent shall report semianntially to the secretary. State board and local 
school authorities shall enforce the provisions of the child-labor law ; State 
board may employ agents at not exceeding $5 per day and expenses to enforce 
child-labor and compulsory-attendance laws ; State board shall keep account 
of money drawn and paid out for school libraries and philosophical apparatus. 
It may expend such sum as may be necessary to carry out its powers and 
duties. Secretary of board shall, when requested, examine cases of for- 
feiture of State funds by towns or districts, and may remit said forfeitures ; 
he shall annually in January report such forfeitures to the State controller. 

See also A (d), District boards and officers; B (a). General State finance 
and support; D (c), Schoolhouses, decorations, care, etc.; E (b), General 
certificates; G (b), State normal schools; G (c). County and local normal 
schools; H (f), Compulsory attendance; J (a), Health, general; M (c), 
Evening schools; N (a). High schools; O (a), Industrial education, general; 
Q (b), x\gricultural colleges; S (b), Public-school libraries. 

Delaware: The State board of education shall consist of seven members ap- 
pointed by the governor; term, seven years, one being appointed each year; 
they shall receive no compensation other than expenses incurred in the 
performance of their duties; board may make all rules and regulations for 
the government of the schools that it deems necessary. Other powers of 
board: To prescribe textbooks to be used and make contracts for prices at 
which such books shall be furnished; regulate the public-school curricula; 
determine when and upon what conditions county superintendents shall issue 
certificates to teachers; prescribe rules for the sanitary equipment and 
inspection of school buildings, and take other action deemed necessary for 
the promotion of the moral and physical welfare of the children. Board 
may require teachers and school officers to furnish all needed information. 
Board shall hear and finally determine all appeals from county school com- 
missions and county superintendents. The rules and regulations of said 
board shall be followed by the State auditor in settling the accounts of school 
officers and by the State treasurer and trustees of the school fund in the 
apportionment of State appropriations to schools. The State commissioner 
of education shall be secretary of the State board, but shall have no vote 
nor voice in its proceedings. Absence from two consecutive meetings without 
good cause shall vacate the office of a member of board. 

See also A (b2). State officers; A (cl). County boards; A (c2). County 
officers; A (f), Administrative units— districts, etc.. F (a). Teachers' con- 
tracts, duities, etc.; K (b). Free textbooks; Q (b), Agricultural colleges; 
S (b), Public-school libraries. 

Florida: The State board of education shall consist of the governor, secretary 
of state, attorney general, State treasurer, and State superintendent of 
public instruction; governor shall be president and superintendent secre- 



A (bl). STATE BOARDS. 19 

tary of said board. Duties: To take charge of all school lands; manage and 
provide for the safekeeping and expenditure of all State school funds; 
determine appeals referred to them by the State superintendent ; remove any 
subordinate officer in the department for cause; keep in view the establish- 
ment of schools on a broad and liberal basis v^ith the object of instruction 
in the higher branches not taught in the common schools; cooperate with 
the State superintendent in the management of the department of education. 
See also A (b2), State officers; A (cl), County boards; E (b), Teachers* 
certificates, general; G (d), Teachers' institutes and summer schools; K (c), 
Uniformity of textbooks; P (a), Higher institutions, general. 

Georgia: The State board of education shall consist of the governor, State 
superintendent of schools, and four persons appointed by governor with con- 
sent of the senate, three of whom shall be experienced educators with at 
least three years' experience as a teacher in Georgia. No person who is or 
has been connected with a schoolbook publishing concern shall be a member 
of said board. Term of appointive members, four years, two being appointed 
every two years. Governor shall be chairman. Regular meetings shall be 
held quarterly and special meetings may be called by governor or superin- 
tendent. Four appointees shall each receive $250 per annum and actual 
expenses in attending meetings. Duties of hoard: To make rules and regu- 
lations for the supervision of all schools of the State, provide course of study 
for common and high schools receiving State aid, hear and determine appeals 
from the State superintendent, determine necessary office force of State 
superintendent and fix their compensation within aggregate prescribed by 
law. Each county shall constitute a school district, and public-school funds 
shall be apportioned to counties by State board of education. Said board 
shall provide normal instruction in each county by institutes or otherwise. 
It may require attendance at such institutes. It shall provide for the 
examination and certification of teachers. Board shall constitute an advisory 
body to the State superintendent of schools. 

See also A (b2). State officers; A (c2), County officers; E (b), Teachers' 
certificates, general; K (c). Uniformity of textbooks; O (a). Industrial edu- 
cation, general; S (b), Public-school libraries. 

Idaho: The State board of education has general control of State university, 
normal schools, Academy of Idaho, industrial training school, school for the 
deaf and blind, and of the public schools of the State. Composition: Five 
members appointed by the governor and State superintendent ex officio. 
Term of one appointive member expires each year. Board of regents of 
the University of Idaho and trustees of other State educational institutions 
are abolished. Governor may remove appointive members for cause. Two 
meetings shall be held annually and president may call meetings; com- 
pensation, $100 each annually and necessary expenses. Poivers and duties: 
To appoint a commissioner of education and assistants and specialists, who 
may be dismissed for cause by a two-thirds vote ; make rules and regulations 
and assign executive officers their functions; constitute a final court of ap- 
peal in educational controversies and perform legislative functions not in- 
consistent with law; shall prepare for legislature a budget of necessary 
expenditures; shall, through its executive officers, perform all duties pre- 
scribed by the school laws and make recommendations to the legislature as 
to changes in existing laws ; shall make recommendations to legislature as to 
needs of State institutions and supervise expenditure of funds for such 
institutions ; standardize limits of instruction in State institutions ; prescribe 
minimum course of study for the public schools; determine how textbooks 



20 ' STATE LAWS RELATING TO PUBLIC EDUCATION. 

shall be adopted; determine whether textbooks shall be free; supervise 
State summer normal schools and teachers' Institutes; establish or approve 
professional schools in accordance with law; have control of certification 
of teachers; direct State library commission; cooperate with State board of 
health in standardizing sanitary appliances, school furniture, etc., and make 
rules for medical inspection of schools; adopt system of reports for public 
schools; report annually to governor; encourage and promote vocational 
training; prescribe rules for the equipment and inspection of schoolhouses ; 
supervise county and city superintendents of schools; appoint examiners to 
grade papers of applicants for teachers' certificates; keep record of grades 
made by applicants for certificates; report to county superintendents . grades 
made by applicants for county certificates; prescribe rules for teachers' 
institutes; may appoint such oflBcers as deemed necessary; may classify 
high school as one-year, two-year, three-year, four-year, and fix standards 
for same. 

See also A (c2), County officers; A (f). Administrative units, districts, 
etc.; E (b), Teachers' certificates, general; G (b), State normal schools; 
N (a), High schools; P (c), State universities and colleges; S (b), Public- 
school libraries; T (b), Schools for the deaf; U (e), Schools for dependents 
and delinquents. 

Illinois: See E (b), Teachers' certificates, general. 

Indiana: The State board of education shall consist of the State superin- 
tendent, president of the State university, president of Purdue University, 
president of the State normal school, superintendents of schools of three 
largest cities of the State ; the governor shall appoint three citizens actiTely 
engaged in educational work in the State, at least one of whom shall be a 
county superintendent of schools, and three persons actively interested in, and 
of known sympathy with, vocational education, one of whom shall be a repre- 
sentative of employees and one of employers; terms of six appointive mem- 
bers, four years. State superintendent shall be president, and board shall 
elect one of its number secretary and treasurer. Said board may grant cer- 
tificates valid for life and in any of the schools of the State to persons who on 
examination show " eminent scholarship and professional ability " ; board 
shall hold stated meetings at which examinations for such certificates shall 
be held. Said board shall have general control of the entire system of exami- 
nation and certification of teachers. Teachers' licenses may be issued by the 
State board of education, the State superintendent, and the county superin- 
tendents. Members of the board, other than State superintendent, shall be 
entitled" to $5 per day and 5 cents per mile traveled while engaged at their 
duties. 

See also A (c2), County officers; E (b). Teachers' certificates, general; 
G (b). State normal schools; H (f), Compulsory attendance; J (b) Medical 
inspection; K (c), Uniformity of textbooks; N (a), High schools; N (b), 
High- school inspection; O (a). Industrial education, general; P (c), State 
universities and colleges; S (b). Public-school libraries. 

Iowa: The State university, the college of agriculture and mechanic arts (includ- 
ing the agricultural experiment station), the State teachers' college at Cedar 
Falls, and the college for the blind at Vinton shall be governed by a State 
board of education consisting of nine members, not more than three of whom 
shall be alumni of the above institutions. Poivers and duties: To elect a 
president from among their members and a secretary, treasurer, instructors, 
and other employees and fix their compensation; make rules for the govern- 



A (bl). STATE BOARDS. 21 

ment of said schools; control the property thereof; execute trusts and other 
obligations comroitted to said institutions; direct expenditure of appropria- 
tions to the institutions ; do other necessary and proper acts. Board shall be 
appointed by the governor with the consent of the senate; term, six years, 
three being appointed every two years. Boards of control of the university, 
the college of agriculture and mechanic arts, and the normal school are abol- 
ished. Said board of education shall appoint a finance committee of three 
members from outside of its membership. The board and finance committee 
shall be furnished with suitable offices at the seat of government and a busi- 
ness oflace shall be maintained at each of the three educational institutions. 
Members of board shall receive $7 per day and 2 cents per mile traveled for 
not exceeding 60 days in any one year; members of finance committee shall 
devote their entire time to their duties and shall each receive $3,500 per year 
and traveling expenses. The finance committee may loan the funds of the 
said institutions on approved real estate. State board of education shall 
report biennially to the governor and the legislature. 

See also A (b2), State officers; E (b), Teachers' certificates, general; 
S (b), Public-school libraries; T (b), Schools for the deaf; T (e), Schools 
for the feeble-minded; IT (e), Schools for dependents and delinquents. 

Kansas: The University of Kansas, the State normal schools, the State agri- 
cultural college, the school for the deaf, and the school for the blind shall 
be governed by a State board of administration consisting of three members, 
not more than two of whom shall belong to the same political party; not 
more than one shall be an alumnus of any of the institutions controlled, and 
not more than one from the same congressional district. Governor shall ap- 
point members with consent of the senate; term, four years, one or two, as 
the case requires, being appointed every two years. Board shall elect a presi- 
dent from among its members and a secretary, not a member, and necessary 
clerks, bookkeepers, and stenographers. Boards of regents of university, agri- 
cultural college, and State normal schools shall cease to exist. Each member 
shall receive $3,500 per annum and necessary expenses. Board shall have 
the general administration of the institutions named, including the control 
of property, election of faculties, government of students, etc. Board shall 
report biennially to the legislature. 

See also A (f), Administrative units — districts, etc. ; B (c), Permanent State 
school funds; C (b), Local bonds and indebtedness; E (b). Teachers' cer- 
tificates, general; G (b) State normal schools; G (c). County and local 
normal schools; G (d), Teachers' institutes and summer schools; K (c). 
Uniformity of textbooks; M (b), Kindergartens; N (a), High schools; 
Q (b), Agricultural colleges; S (b), Public-school libraries; T (c), Schools 
for the blind; T (e). Schools for feeble-minded; U (e), Schools for dependents 
and delinquents. 

Kentucky: State superintendent, secretary of state, and attorney general shall 
constitute State board of education ; it shall be a body politic and corporate ; 
shall take, hold, and dispose of property for schools, and the evidences of 
property held by the board shall be in the custody of the chairman. State 
superintendent shall be chairman, and with one other member may control 
its operations; meetings shall be called only in writing; board shall consti- 
tute a standing committee which shall prepare rules, by-laws, and regulations 
for government of common schools, prescribe regulations for teachers' libra- 
ries ; prepare lists of books for school libraries ; prescribe and publish a public 
graded course of study, specifying the order and proportion of each study. 



22 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Kentucky Illiteracy Commission created by act; composed of five persons, 
men and women; including State superintendent, ex oflBcio; governor shall 
appoint; two commissioners to be appointed biennially; commission is made 
a body corporate; secretary and treasurer shall give bond; shall establish 
permanent place of business. Powers: To make research, collect data and 
statistics; procure surveys; report regularly to legislature; interest persons 
and institutions in the disbursing of funds and endowments ; may receive and 
expend funds in general keeping with general purposes of act; shall adopt 
rules expedient for carrying on its business. Commission shall receive no 
pay, but expenses shall be paid out of funds received. 

See also A (b2), State officers; A (f), Administrative units — districts, etc.; 
E (b), Teachers' certificates, general; G (d), Teachers' institutes and summer 
schools; K (c), Uniformity of textbooks; T (e), Schools for the feeble- 
minded. 

Louisiana: The State board of education shall consist of governor, State super- 
intendent of education, attorney general, and one citizen from each congres- 
sional district, appointed by the governor; said board shall be a body cor- 
porate; members shall be allowed traveling exi)enses and per diem, same as 
for members of legislature, for time said board is in session, to be paid out 
of current school fund; governor shall be ex officio president of said board 
and State superintendent secretary; State superintendent may appoint an 
assistant secretary. Said board shall hold annual meetings, and special meet- 
ings when called by governor ; may publish its proceedings ; shall prepare by- 
laws, rules, and regulations for government of public schools; shall direct 
branches to be taught and enforce uniformity of textbooks; may require 
reports from parish superintendents. Said board may employ high-school 
inspectors, rural inspectors, or other school inspectors, not to exceed three in 
number; may accept donations for educational purposes. Said board shall 
standardize high schools; departments of agriculture and home economics 
must have approval of said board. 

See also A (cl), County boards; A (d), District boards and officers; E 
(b), Teachers' certificates, general; G (b), State normal schools; G (d), 
Teachers' institutes and summer schools; K (c), Uniformity of textbooks. 

Maine: See G (b), State normal schools; T (c), Schools for the blind. 

Maryland: Educational matters affecting the State shall be intrusted to a 
State board of education; those affecting a county, to a board of county 
school commissioners ; those affecting a school district, to a board of district 
school trustees. Governor shall appoint six persons, at least two of whom 
shall be from the minority party, to serve as the State board of education; 
they shall serve six years and two shall be appointed every two years. These 
six members, with the governor and the State superintendent, shall constitute 
the State board of education ; the principals of the State normal schools shall 
be ex officio honorary members of the board, but with no vote. 

Governor shall appoint a board of county school commissioners for each 
county, " to be composed in the counties of Baltimore, Carroll, Frederick, 
Dorchester, Washington, and Montgomery, of six persons, and in each of the 
other counties of three persons " ; members shall hold office for six years ; 
biennial appointments ; minority party representation ; governor may remove. 
State board of education shall hold regular meetings in May, August, 
November, and February, and special meetings as occasion may require; 
office of the board shall be in Annapolis ; members of board shall receive no 
salary, but their actual expenses and clerk hire shall be paid ; $3,000 appro- 



A (bl). STATE BOARDS. 23 

priated for this purpose. Duties: Board shall cause the provisions of this 
act to be carried out ; institute legal proceedings ; enact by-laws which shall 
have the force of law; suspend or remove county superintendents; explain 
intent and meaning of the law ; decide controversies ; have general care and 
supervision of public-school interests; act as assistants and advisers of 
county board; issue circular letters; issue uniform blanks and require ac- 
counts to be made and returned in accord with these forms ; examine candi- 
dates for county superintendent and give certificate of qualification; grant 
teachers of long experience and established reputation professional certifi- 
cates, valid until revoked; prescribe minimum requirements for the issuing 
of various academic, collegiate, professional, or university degrees, and 
modify such requirements from time to time, provided no educational insti- 
tution shall be required to comply with standard thus fixed until one year 
after the publication of said standard. " No public or private educational in- 
stitution shall issue any academic, collegiate, professional, or university de- 
gree without first having obtained the assent of the State board of education 
and the approval of said board of the conditions of scholarship, study, and 
residence upon which said degrees are issued." 

State board " may prepare and publish annually a list of approved colleges 
and universities and determine by by-laws the standards for said approval " ; 
members of State board shall be ex officio trustees of the State normal 
schools ; all schools and colleges and all normal school departments receiving 
State donations shall make a report each year of such matters and in such 
form as State board shall require ; reports shall be published. 

See also A (b2). State officers; B (a), General State finance and support; 
E (b). Teachers' certificates, general; G (b), State normal schools; J (b), 
Medical inspection: O (a), Industrial education, general; S (b), Public-school 
libraries. 

Massachusetts: The State board of education shall consist of nine persons, 
three of whom shall be annually appointed by the governor, with the advice 
and consent of the council, for terms of three years; the members of said 
board shall serve without compensation. Powers and duties: To investigate 
and aid in the introduction of industrial, agricultural, and household arts 
education; initiate and superintend the establishment and maintenance of 
schools for the aforesaid forms of education; supervise and approve such 
schools ; make annual report to legislature in reference to aforesaid forms of 
education, together with recommendations therefor; take and hold in trust 
for the State any grant or devise of land or gift or bequest of property made 
to it for educational purposes; have general management of State normal 
schools ; hold summer schools for teachers ; direct and supervise the education 
of deaf and blind children ; prescribe form of school census, of school regis- 
ters, and of returns to be made by school committees; annually make a de- 
tailed report to legislature; appoint a commissioner of education, two depu- 
ties, and such agents and assistants as are necessary. The records of the 
doings of the board shall be open to public inspection ; the incidental expenses 
of said board and the traveling and other expenses of members thereof in- 
curred in performance of official duties shall be paid by the State. The board 
may be allowed for salaries and expenses of its employees and for incidental 
expenses such sums as the legislature may appropriate. Board shall prepare 
blank forms of inquiry for statistics to be secured from private and other 
educational institutions ; said forms shall conform to the requirements of the 
United States Bureau of Education. All private and other educational insti- 
tutions shall annually make reports to the State board. 



24 STATE LAWS KELATING TO PUBLIC EDUCATION. 

See also A (b2), State officers; A (d), District boards and officers; B (c), 
Permanent State school funds; F (a), Teachers' contracts, duties, etc.; F (c). 
Teachers' pensions; G (b), State normal schools; G (d), Teachers' institutes 
and summer schools; H (g). Child labor; J (b), Medical inspection; L (a), 
Course of study; N (a), High schools; O (a), Industrial education, general; 
Q (b). Agricultural colleges ; R (b), Corporations of an educational character; 
S (b), Public-school libraries; T (c), Schools for the blind; T (e). Schools 
for the feeble-minded: U (e), Schools for dependents and delinquents. 

Michigan: The State board of education shall consist of four members, viz, 
State superintendent of public instruction, ex officio, and three members 
elected by the qualified electors at biennial elections; terms, six years, one 
being elected every two years. Said board shall have general supervision of 
the State normal college and the State normal schools. Said board shall be 
a body corporate. Said board shall continue the normal school at Ypsilanti ; 
there shall be provided in said school a course, including at least 20 weeks in 
professional training, designed to train teachers for rural and elementary 
graded schools; other necessary courses shall be established and a practice 
department shall be connected therewith. Upon completion of the prescribed 
course for the rural and elementary graded schools, student shall be entitled 
to a certificate issued by State board, which shall be valid in such schools 
for five years, but may be revoked for cause. Said board shall issue life 
certificates to graduates of four-year courses. Said board shall make regula- 
tions for the admission of pupils, but efich applicant shall sign a declaration 
to teach. Said board shall annually appoint a board of three visitors to visit 
said school and report on the same. Said board shall report to each session 
of the legislature. Board shall elect a treasurer, who shall give bond for not 
less than $40,000. The 25 sections of Salt Springs lands and donations of 
lands or other property for the purpose shall constitute the normal-school 
endowment fund; proceeds of sale of such lands shall constitute a perpetual 
fund and moneys appropriated for the benefit of the normal school shall be 
under the direction and control of said State board. Members of State board 
shall each receive $3 per day and expenses. Said board shall hold at least 
two meetings each year, at which they shall examine teachers and shall grant 
certificates to those of two years' successful experience and good moral char- 
acter and who on examination in required subjects shall be found to possess 
eminent scholarship and ability ; such certificates shall be valid for life ; said 
board may indorse life certificates granted in other States if granted on 
requirements equal to those of Michigan. Said board shall examine textbooks 
on physiology and hygiene, and such books must have board's approval. It 
shall distribute to the educational institutions "of the State copper, iron, and 
other ores as required by law. 

See also A (d). District boards and officers; E (b). Teachers' certificates, 
general; K (c), Uniformity of textbooks; Q (b). Agricultural colleges; S (b). 
Public-school libraries; T (c), Schools for the blind. 

Minnesota: State board of control shall consist of three members appointed by 
governor with consent of senate; term, six years; each member shall give 
bond for $25,000; members shall devote entire time to their duties; books 
of board shall be subject to examination by public examiner ; office supplies 
shall be furnished board. Board shall employ an architect, a secretary, and 
other office help; shall have seal; shall make biennial reports to governor; 
traveling expenses shall be allowed in addition to salary. 



A (bl). STATE BOARDS. 25 

See also B (e), State aid for elementary education; E (b), Teachers' cer- 
tificates, general; G (b), State normal schools; K (c), Uniformity of text- 
books; N (a), High schools; T (e), Schools for feeble-minded; U (e), Schools 
for dependents and delinquents. 

Mississippi: Board of education created by constitution. Duties: Shall hold 
sessions at capital; shall decide appeals from decisions of county superin- 
tendents or State superintendent; all appeals shall be in writing; board's 
decision final ; board may remove county superintendents ; administer oaths ; 
compel witnesses; audit claims against common school fund; fix expenses of 
State superintendent's office; regulate all matters arising in the practical 
administration of the school system; may adopt a course of study and 
designate an arbor day; shall procure placards to be hung on the walls of 
public-school rooms setting forth the effects of alcohol and the means for 
the prevention and cure of tuberculosis. County superintendent shall have 
them placed on the walls. 

State board of examiners shall consist of three first-grade teachers ap- 
pointed by State superintendent. Duties: To aid State superintendent in pre- 
paring all examination questions; grade papers; hear and decide appeals; 
examine candidates for county superintendent. State board of examiners 
shall receive $5 from each applicant for professional license; $5 from each 
candidate for county superintendent; 50 cents from each applicant for State 
license ; term of service, four years. Any teacher holding a license may direct 
county superintendent to forward such license with proof that his examina- 
tion papers have been burned to State board of examiners and if they think 
that the teacher was properly graded they may transfer his license to any 
other county ; any teacher exempt from examination may forward his license 
to State board of examiners with proof that his examination papers were 
destroyed in burning of the courthouse and on payment of fee State board of 
examiners may issue State license. 

Governor shall be a member and ex officio president of the board of trustees 
having control and supervision of University of Mississippi, the agricultural 
and mechanical college, the industrial institute and college and the Alcorn 
Agricultural and Mechanical College ; State superintendent shall be a member 
of said board ; It shall be known and designated as " the board of trustees of 
the University and Colleges of Mississippi ; " minutes and records shall be 
kept as now ; governor shall appoint seven trustees from State at large who, 
together with the governor and State superintendent, " shall constitute a 
board of trustees " for the university, the agricultural and mechanical col- 
lege, the industrial institute and college, and Alcorn Agricultural and Me- 
chanical College ; in addition to the above one trustee shall be appointed for 
the university; the seven trustees shall serve six years; two shall be ap- 
pointed biennially; board shall appoint one of their number who is a com- 
petent accountant, who shall check up personally all the affiairs and finances 
of each institution at least twice a year. 

See also A (c2). County officers; B (e), State aid for elementary educa- 
tion; E (b). Teachers' certificates, general; G (d), Teachers' institutes and 
summer schools; K (c). Uniformity of textbooks; N (a). High schools; P (c), 
State universities and colleges; Q (b), Agricultural colleges; Q (f), Other 
technical and professional schools. 

Missouri: The supervision of the public schools shall be vested in a State 
board of education. The State superintendent shall be president, and with 
the governor, secretary of state, and attorney general shall compose th« 



26 STATE LAWS RELATING TO PUBLIC EDUCATION. 

board. Duties: To take general supervision of the entire educational inter- 
ests of the State; direct the investment of all moneys to be applied to the 
capital of any fund for educational purposes; see that all funds are so ap- 
plied according to law. Board shall investigate the disposition of funds 
arising from the sale of swamp lands and bring suit to recover funds applied 
contrary to law; it shall also ascertain what disposition has been made of 
State school funds drawn by the counties and how much thereof has been 
transferred to the townships, and shall bring suit for the recovery of such 
funds when diverted from their purpose; board may employ an attorney in 
each congressional district to prosecute suits. It shall report to each session 
of the legislature. 

See also B (c), Permanent State school funds; E (b), Teachers' certificates, 
general; S (b), Public school libraries. 

Montana: State board of education shall consist of 11 members, of which 
number governor, State superintendent, and attorney general shall be ex 
officio members; eight members appointed by governor with consent of sen- 
ate; term, four years; governor its president; superintendent its secretary; 
regular meetings semiannual and special meetings may be held; no com- 
pensation, except traveling expenses. Powers and duties: To have general 
control and supervision of University of Montana, State normal college, 
agricultural college, State orphans' home, school of mines, school for the 
deaf and blind, and State reform school; prescribe standards of promotion 
to high-school department of all public schools and to accredit high schools 
maintaining required standard, but examinations of pupils shall be by county 
board of educational examiners; grant diplomas to graduates of State edu- 
cational institutions and may confer honorary degrees ; grant State diplomas 
valid for six years and grant life diplomas to teachers ; make annual report ; 
appoint instructors in county institutes; have, when not otherwise provided 
by law, control of all property of State educational institutions; have con- 
trol of receipts and disbursements of said institutions; appoint president 
and faculty of each institution and fix their compensation; confer upon 
executive board of each institution such authority, other than financial and 
the selection of employees, as may be expedient; confer upon faculty such 
authority, other than financial and the selection of employees, as may be 
expedient. There shall be an executive board of each institution to consist 
of president of each institution and two members appointed by governor 
with consent of State board ; term of appointive members, four years ; com- 
pensation, not exceeding $5 each per day and not exceeding $125 per year, 
besides reimbursement of actual expenses incurred in official work. 

State board of examiners shall have supervision and control of expenditures 
of all moneys appropriated or received for State educational institutions, 
except sums appropriated by acts of Congress. 

See also A (b2). State officers; E (b), Teachers' certificates, general; 
G (b). State normal schools; G (d). Teachers' institutes and summer schools; 
K (c), Uniformity of textbooks; L (k), Days of special observance; N (a). 
High schools; O (a), Industrial education, general; P (c). State universities 
and colleges; Q (b). Agricultural colleges; Q (d). Mining schools. 

Nebraska: Public library commission shall be composed of State librarian, 
State superintendent, the chancellor and the librarian of the University of 
Nebraska, and one person appointed by governor for a term of five years. 
The State board of charities and corrections shall be composed of the gov- 
ernor, commissioner of public lands and buildings, and State superintendent ; 
board shall appoint four advisory secretaries, not more than two of whom 



A (bl). STATE BOARDS. 27 

shall belong to the same political party; it shall be duty of such board to 
Inquire into conditions of institutions of charity and correction and to inspect 
the same. In every high school, city school, or metropolitan school the school 
authorities shall, upon written request made three months before opening 
of school by parents or guardians of 50 pupils above fourth grade, employ 
instructors for the teaching of such a modern European language as may be 
designated in such request ; not more than five hours per weeli and not less 
than one period per day shall be devoted to such modern language in any 
elementary or grade school. Pauper children shall be provided with the 
same facilities for education as are other children ; instruction shall be given 
such children in letters, business, and useful industries, and for the same 
there shall be appropriated annually out of general funds of State $2,500. 
No child under 14 years old shall be employed in any place of business in- 
jurious to body, mind, or morals; it shall be unlawful for any person, firm, 
or corporation to employ any child under 14 years old In any business what- 
ever during the hours when public schools are in session. 

The governor shall, with consent of two-thirds of senate, appoint three 
electors of the State, who shall constitute a board of commissioners of State 
institutions; one appointed every two years, term six years; not more than 
two members shall belong to the same political party, and no two when ap- 
pointed shall reside in same congressional district; each member shall take 
oath of office, and give bond in sum of $25,000 ; governor may suspend member 
for cause, but such suspension must be confirmed by senate to be made final ; 
each member shall devote entire time to office, and shall not be appointed to 
any State office nor to any appointive position in any State institution for 
one year after his term shall have expired ; salary of each member shall 
be $3,000 per year and necessary expenses when traveling on official busi- 
ness, but traveling outside of State shall first be granted by board and 
approved by governor; board shall have official seal. Institutions con- 
trolled by board are: State school for the blind, State school for the deaf. 
State industrial schools, State institutions for feeble-minded youth, orthopedic 
hospital, soldiers' and sailors' home, women's industrial home, hospitals for 
insane, the tuberculosis hospital, the State penitentiary, and all charitable, 
reformatory, and penal institutions. Board shall prescribe rules and regula- 
tions for the conduct of said institutions ; shall appoint officers and employees 
of said institutions, fix their salaries, and require reports; shall inspect said 
institutions, and purchase supplies therefor. 

See also G (b), State normal schools; T (b), Schools for the deaf; T (d). 
Schools for crippled and deformed; T (e), Schools for feeble-minded; U (e), 
Schools for dependents and delinquents. 

Nevada: The State board of education shall consist of the governor, the State 
superintendent, and the president of the university; the governor shall be 
president, and the State superintendent the secretary; board shall meet at 
least twice a year. Powers and duties: To prescribe courses of study for 
public schools, courses in seventh and eighth grades to contain business forms 
and elementary bookkeeping and industrial work, and in high-school grades 
commercial and industrial work, but schools of first class may modify courses 
subject to approval of State board ; adopt books for district libraries, but dis- 
tricts of first class may make additional adoptions; revoke or suspend, for 
cause. State diplomas or State certificates; have printing, except that of text- 
books, done by State printer ; adopt official seal ; keep record of proceedings ; 
designate some journal as official organ. 



28 STATE LAWS RELATING TO PUBLIC EDUCATION. 

See also A (b2), State officers; E (b), Teachers' certificates, general; 
G (c), County and local normal schools; K (c), Uniformity of textbooks; 
N (a), High schools. 

New Hampshire: The State Board of control for the supervision and adminis- 
tration of the New Hampshire State Hospital, the State industrial school, the 
New Hampshire School for Feeble-Minded, and the State sanatorium for 
consumptives, shall be composed of the governor, secretary of the State 
board of charities, the purchasing agent of said State board of control, and 
two persons appointed in rotation by governor, with advice of council, for term 
of four years; purchasing agent of said board shall be appointed by gov- 
ernor with advice of council, and shall receive annual salary of $3,000 and 
necessary expenses; other appointive members shall receive $8 per day for 
time actually spent in performance of official duties, and expenses; other 
members shall be reimbursed for necessary expenses. 

See also G (b), State normal schools; U (e), Schools for dependents and 
delinquents. 

New Jersey: The general supervision and control of public instruction shall 
be vested in State board of education consisting of eight members, not more 
than four of same political party, and not more than one from same county, 
appointed by governor, with advice and consent of senate, one appointed each 
year to serve eight years ; said board shall meet in each month at times pre- 
scribed by their rules, meetings to be public; said board shall have control 
and management of State normal schools. State school for the deaf, Farnum 
preparatory school, and manual training and industrial school for colored 
youth. Powers of State hoard: To frame by-laws for their own government, 
and rules and regulations for enforcement of school laws ; prescribe rules for 
teachers' institutes; decide appeals from decisions of commissioner of educa- 
tion; prescribe rules for examination and certification of teachers; appoint 
inspector of buildings and an inspector of accounts ; prescribe system of book- 
keeping for districts; appoint, upon application, a supervising principal over 
schools in two or more districts; withdraw, for good cause, approval of any 
secondary school ; fix rates of tuition paid by one district to another, when dis- 
tricts can not agree ; compel production of school records and accounts ; com- 
pel attendance of witnesses. Said board shall receive no compensation, but 
shall be allowed official expenses ; shall make annual report to legislature. 

See also A (b2). State officers; A (c2). County officers ; A (f), Administrative 
units, districts, etc.; B (a). General State finance and support; D (a). Build- 
ings and sites, general; E (b). Teachers' certificates, general; F (c). Teachers' 
pensions; G (b). State normal schools; G (d), .Teachers' institutes and sum- 
mer schools; H (f). Compulsory attendance; J (b). Medical inspection; L (i). 
Manual and industrial education; M (c). Evening schools; O (a), Industrial 
education, general; P (a). Higher institutions, general; T (b), Schools for 
the deaf; IT (e), Schools for dependents and delinquents. 

New Mexico: A State board of education is created, to consist of seven mem- 
bers. It shall have the control, management, and direction of all public 
schools, under such regulations as may be provided by law. The governor 
and the State superintendent of public instruction shall be ex officio members of 
said board, and the remaining five members shall be appointed by the gov- 
ernor, by and with the consent of the senate; board shall include the head 
of some State educational institution, a county superintendent of schools, and 
one other person actually connected . with educational work. Members of 
said board shall receive 10 cents per mile (counting one way) and $2.50 per 



A (bl). STATE BOARDS. 29 

day for attending meetings of said board. Powers: To grant, renew, and re- 
voke teachers' certificates; adopt a series of textbooks and a uniform course 
of study for the various public schools ; exercise general control over teachers' 
institutes and perform other duties provided by law. The appointive mem- 
bers of said board shall serve for four years. Said board may excuse persons 
from attending county institutes who are deemed already eminently qualified 
to teach; may issue a course of study for teachers' institutes. Board may 
issue teachers' professional certificates to persons whom it may deem quali- 
fied; and may revoke certificates of conductors and instructors of teachers' 
institutes, teachers' professional certificates, county teachers' certificates, and 
city teachers' certificates, for cause, after a full and fair hearing. State 
board may prescribe and adopt a course of study in industrial education, 
including domestic science, manual training, and agriculture; may include a 
course of study in industrial education in Institute Manual. State board 
may adopt a standard of efficiency for business colleges and commercial de- 
partments of other schools, issue certificates of recognition to such schools, 
and issue permits to the same to solicit students. 

See also A (b2), State officers; A (c2). County officers; E (b), Teachers' 
certificates, general; G (d). Teachers' institutes and summer schools; K (c). 
Uniformity of textbooks; L (a) Course of study; Q (f), Other technical and 
professional schools. 
New York: The corporation originally created under name of the " Regents of 
the University of the State of New York " is hereby continued under the name 
of the University of the State of New York; objects shall be to encourage 
and promote education, to visit and inspect its several institutions and de- 
partments, to distribute or administer for them funds appropriated by the 
State therefor or such as university may hold in trust, and to perform such 
other duties as may be intrusted to it. Said university shall be governed 
by a board of regents whose members shall at all times be three more than 
the number of judicial districts of State; regents shall be elected in same 
manner as United States senators, one each year ; no person shall at the same 
time be a regent and an officer of an institution of the university. The elective 
officers of the university shall be a chancellor and vice chancellor, to serve 
without salary, and such other officers as regents may determine ; no election, 
removal, or change of salary of an elective officer shall be made by less than six 
votes in favor thereof; each regent and each elective officer shall take oath 
of office ; chancellor shall preside at meetings of regents and shall confer 
degrees authorized by regents ; vice chancellor may confer degrees in absence 
of chancellor, and senior regent present, in absence of vice chancellor. Regents 
may provide regular meetings, and the chancellor, or commissioner of edu- 
cation, or any five regents, may call special meetings; any regent who shall 
fail to attend three consecutive meetings without satisfactory excuse may 
be deemed to have resigned; seven regents a quorum. Regents shall exer- 
cise legislative functions of educational system of State, and, except as to 
judicial functions of commissioner, establish rules for such system; but no 
enactment of regents shall modify the freedom of the governing body of any 
Institution for training priests or clergymen. Regents may confer honorary 
degrees, and may establish examinations as basis for conferring diplomas, 
certificates, and degrees; shall establish examinations for graduation from 
secondary schools and of admission to college; may register domestic and 
foreign institutions in terms of New York standards ; may supervise entrance 
requirements to and the licensing and practicing of medicine, dentistry, 



30 STATE LAWS RELATING TO PUBLIC EDUCATION. 

veterinary medicine, pharmacy and optometry, and the certification of nurses 
and public accountants; may provide educational extension facilities. State 
library and State museum shall be departments of the university. The in- 
stitutions of the university shall include all secondary and higher educational 
institutions which are now or may hereafter be incorporated in the State, 
and such other libraries, museums, institutions, schools, organizations, and 
agencies for education as may be admitted to or incorporated by the uni- 
versity ; regents may exclude any institution not complying with law. Every 
institution in the university shall be subject to visitation by the regents or 
their representatives, and shall make required reports. Regents may in- 
corporate any educational institution, any association for promotion of any 
department of knowledge, any association of educational workers, or other 
educational or cultural organization; may grant provisional charters. No 
institution shall confer degrees unless it shall have resources of at least 
$500.000 ; and no institution for higher education shall be incorporated with- 
out suitable provision for equipment and maintenance. Regents may change 
the name or charter of any institution under their control. Regents may, 
upon dissolution of any educational institution subject to their visitation, 
where no trustee of such institution resides in the county where such insti- 
tution is located, direct proceedings. If any institution of the university 
shall discontinue its operations without good cause, its charter shall be sur- 
rendered to the regents. The trustees of any academy incorporated under 
laws of the State and having a capital stock may, and, upon written re- 
quest of holders of one-third of such stock, must call a meeting of stock- 
holders to determine question of surrendering charter of such academy ; 
notice shall be given of such meeting; a majority vote shall be required for 
dissolution of such corporation; trustees of such academy shall become 
trustees of the creditors and stockholders of dissolved corporation. No indi- 
vidual, association, or corporation shall confer degrees or transact any busi- 
ness under name of university or college, unless chartered by the legislature 
or permitted by the regents. No person shall buy, sell, or illegally alter, give, 
issue, or obtain any diploma or certificate purporting to confer any degree, 
or misrepresent the completion of any course of study. It shall be unlawful 
to personate or attempt to personate another person in taking an examina- 
tion; to take or attempt to take an examination in name of another person; 
to procure another person to falsely personate him ; to illegally have ex- 
amination papers in one's possession; to sell or offer to sell examination 
papers; to use in any such examination any question papers, or secure or 
prepare answers to such questions prior to time set for examinations; to 
transmit to State education department answers prepared outside of period 
of examination; to othei-wise secure or attempt to secure the record of hav- 
ing passed such examination in violation of university rules. Trustees of 
every corporation created by the regents, unless otherwise provided by law 
or by charter, may fix term of office and number of trustees, not to exceed 
25, nor be less than five; elect executive committee of not less than five; 
meet when legally called ; fill vacancy in office of any trustee ; take and hold 
any gift, devise, grant, or bequest beyond their charter authorization when 
permitted by regents; control property of such institutions; appoint and fix 
terms and compensation of officers and employees; confer degrees and cre- 
dentials as authorized by charter; make by-laws and rules proper for pur- 
poses of institution. Colleges may construct waterworks and sewer systems 
for their use. There shall be five State scholarships awarded each county 
annually for each assembly district therein; each scholarship shall entitle 



A (bl). STATE BOARDS. 31 

holder to $100 for each of four years' attendance at an approved college in 
the State ; scholarship fund shall consist of money appropriated by legislature 
for such purpose and moneys received by gift or otherwise for such purpose ; 
State treasurer shall keep separate account of such fund; regents shall make 
rules relative to such scholarships; commissioner of education shall cause 
to be prepared list of pupils eligible for such appointments ; only pupils who 
possess college entrance diplomas shall be eligible for such appointments; 
lists of eligibles shall show average standing of pupils; said commissioner 
may, when a county hag no eligible pupil therein, appoint a pupil from 
another part of State to scholarship of such county ; said commissioner shall 
prescribe form of application for said scholarships, and shall issue scholar- 
ship certificates to successful applicants ; scholarships may, for good cause, be 
revoked by regents; at no time shall there be more than 20 such scholarships 
for one assembly district, or more than 3,000 for entire State not including 
those supported by income of trust funds, gifts, devises, or bequests ; holders 
of scholarships may choose colleges which they may desire to attend, and 
select their courses of study, but no such scholarship shall include profes- 
sional instruction except as auxiliary work; holders of scholarships must 
attend some college in the State incorporated as a college under laws of State 
and the rules of the regents. 

The State education department shall be under legislative direction of 
the regents and executive direction of the commissioner of education; said 
department shall have management and supervision of all public schools 
and all educational work of the State, including university of the State; 
^aid department may be divided into divisions by concurrent action of 
regents and commissioner. Commissioner shall appoint, with approval of 
regents, assistant commissioners; may, with approval of regents, appoint all 
other officers and employees and fix their titles, duties, and salaries; may, 
with approval of regents, remove any appointive officer or employee; may, 
when regents are not in session, suspend, without salary, any appointive 
officer or employee, but for no longer than adjournment of succeeding meet- 
ing of regents. Eegents and commissioner shall together adopt a seal. Com- 
missioner shall make annual report of education department, including the 
university, to the legislature; regents or commissioner may make other 
reports to the legislature ; such reports may be printed as bulletins. 

See also E (b), Teachers' certificates, general; F (c). Teachers' pensions; 
G (b). State normal schools; L (d). Physiology and hygiene; L (j). Agri- 
culture; Q (b). Agricultural colleges; S (b). Public-school libraries; T (c), 
Schools for the blind. 

North Carolina: State board of education shall consist of governor, lieutenant 
governor, secretary of state, treasurer, auditor, superintendent of public 
instruction, and attorney general. Such board is a body corporate ; governor 
is president, superintendent is secretary; meeting as determined by majority 
or as called by president; record of proceedings shall be kept. Board shall 
have control of " literary fund," make rules for government of public schools 
and for management of State educational fund. State treasurer shall keep 
account of literary fund and report to legislature; State board shall report 
to legislature manner in which such fund has been invested or applied. 

See also A (c2). County Officers; B (c). Permanent State school funds; 
E (b). Teachers' certificates; G (b), State normal schools; K (c), Uni- 
formity of textbooks; L (a). Course of study; N (a), High schools; 0(b), 
Agricultural schools; S (b), Public school libraries. 



32 STATE LAWS EELATING TO PUBLIC EDUCATION. 

North Dakota: There is created a State board of education. Composition: 

President of State Universitj^ president of agricultural college, superintendent 
of public instruction, State inspector of graded and rural schools and State 
high-school inspector, ex officio, and a normal-school president, an industrial- 
school president, a county superintendent and a male citizen not connected 
with the educational system, each to be designated by the governor; term of 
appointive members, two years. No normal school or industrial school shall 
be represented on said board a second time until each normal school and 
each industrial school has been represented by its president. Members not 
receiving salaries from State, county, or State institution shall each receive 
$3 per day while employed; all members shall receive necessary expenses. 
Regular meetings shall be held bimonthly and special meetings may be called, 
but not more than 12 shall be held in one year. Said board shall succeed 
to the powers and duties of the State board of examiners, the State agri- 
cultural and training school board, and the State high-school board. Rules 
for the classification of rural, graded, and consolidated schools shall be 
made by the State board of education. Said board or its representatives or 
inspectors may visit and inspect any educational institution under the super- 
vision of the State and may require reports therefrom. 

See also A (b2), State officers; B (e). State aid for elementary education; 
E (b), Teachers' certificates, general; G (b). State normal schools; N (a), 
High schools; O (b). Agricultural schools; T (c), Schools for the blind. 

Ohio: The State bureau of inspection and supervision may inspect and super- 
vise accounts and reports of all State offices, including every State educa- 
tional, benevolent, penal and reformatory institution, public institution, 
and the offices of each taxing district or public institution in the State. 

See also A (b2). State officers; A (f), Administrative units; districts, etc.; 
E (b), Teachers' certificates, general. 

Oklahoma: The State board of education shall consist of seven members, in- 
cluding the State superintendent of education, who shall be the president, and 
six members appointed by the governor with the advice and consent of the 
senate; term, six years, two appointed every odd year; salary, $6 per day 
and expenses $3 per day while officially engaged; appointive members shall 
receive no additional salary for such service. Appointive members shall 
have same qualifications and be subject to same limitations as are required 
of members of State textbook commission; at least two of appointive mem- 
bers shall be practical schoolmen with at least four years of teaching expe- 
rience, two of which years shall have been spent in Oklahoma; president 
of said board shall appoint a secretary, salary $2,000 per year, and a stenog- 
rapher, salary $1,200 per year. State board of education shall have control 
of following institutions: State university, university preparatory schools, 
State normal schools, Oklahoma industrial institute and college for girls, 
school of mines and metallurgy, school for deaf, school for blind, boys' train- 
ing school, orphans' home, institute for feeble-minded, colored agricultural 
and normal university, institute for the deaf, blind, and orphans' home, for 
the colored; shall also perform duties originally belonging to textbook com- 
mission. Additional poioers and duties: To have general supervision of pub- 
lic schools; formulate and adopt courses of study for common schools and 
normal institutes; arrange courses of study and adopt textbooks for higher 
educational institutions; formulate rules and regulations governing issuance 
of teachers' certificates; prepare examination questions for applicants for 
county and city certificates; examine applicants for State certificates and 
institute conductors' and instructors' certificates; prepare examination ques- 



A (bl). STATE BOAKDS. 33' 

tions for graduates from eighth grade of common schools; classify and 
accredit high schools; formulate and adopt courses for pupils' and teachers' 
reading circles ; make biennial report to governor and legislature ; upon appli- 
cation by commercial and business colleges, to formulate rules and regula- 
tions for governing such institutions. 

Any graduate of a State educational institution who has completed a course 
approved by State board of education as specifically designated for prep- 
aration for teaching may be granted a certificate by said board. Any per- 
son who shall willfully injure any school property shall be fined not less than 
$10 nor more than $50, such fines to be paid into county common-school fund. 
Every board of education and school district board shall provide a flag for 
the public schools. Any person whose duty it is to provide such flag who 
fails so to do shall be guilty of a misdemeanor. No religious or sectarian 
doctrine shall be taught in the public schools, but the reading of the Holy 
Scripture shall be permitted. State board of education shall visit and 
inspect, or cause to be visited and inspected at least twice a year, all pri- 
vate and public institutions of higher education. Before being allowed to 
teach, teachers shall file their certificates with the county superintendent or 
with the city superintendent in independent districts. Morality shall be 
taught in each and every public school. At least one-half hour each week in 
each public school shall be devoted to teaching kindness to and humane treat- 
ment of and protection to dumb animals. Vivisection shall not be permitted 
in any public school. The Friday following second Monday in March of each 
year shall be Arbor Day; said day shall be properly observed in public 
schools. 

See also A (f), Administrative units — districts, etc.; G (b). State normal 
school; H (e). Consolidation of districts, etc.; K (c). Uniformity of text- 
books; L (j). Agriculture; N (a), High schools; P (c), State universities and 
colleges; Q (b). Agricultural colleges; Q (d). Mining schools; Q (f). Other 
technical and professional schools; T (b). Schools for the deaf; T (c), 
Schools for the blind; T (e). Schools for feeble-minded; U (e), Schools for 
dependents and delinquents. 

Oregon: The governor, secretary of state, and superintendent of public instruc- 
tion shall constitute a State board of education. Meetings shall be held semi- 
annually. Powers: To authorize use of textbooks adopted by the textbook 
commission; prepare a State course of study for grammar grade schools; 
prescribe rules and regulations for the government of the public schools ; have 
necessary printing done. It shall at least one year before an examination for 
county teachers' certificates indicate the sources from which at least 60 per 
cent of the questions in theory and practice shall be selected. The proceed- 
ings of said board shall be published and shall contain the names of successful 
applicants and certificates granted. 

See also (A (b2). State officers; A (d). District boards and officers; B (c). 
Permanent State school funds; E (b), Teachers' certificates; F (a), Teachers' 
contracts, duties, etc.; G (b), State normal schools; G (d), Teachers' insti- 
tutes and summer schools; H (g). Child labor; K (c), Uniformity of text- 
books; N (a), High schools; Q (b), Agricultural colleges; S (b), Public 
school libraries; T (c), Schools for the blind; T (e), Schools for feeble- 
minded; U (e), Schools for dependents and delinquents. 

Pennsylvania: The State board of education shall consist of six members, 
appointed in rotation by the governor, one every year, term six years; three 
members shall always be educators of high standing connected with the 
3960°— 15 3 



34 STATE LAWS RELATING TO PUBLIC EDUCATION. 

public-school system ; member shall serve without any compensation other 
than expenses incurred in performance of duties as such. State superin- 
tendent shall be ex officio a member of the State board and president thereof. 
Powers and duties of State hoard: To recommend needed school legislation; 
equalize through special appropriations, or otherwise, educational advantages 
throughout the State; insi3ect and require reports from schools and other 
institutions wholly or partly supported by the State, but a copy of report of 
such inspection shall be sent to the head of the institution inspected ; encour- 
age and promote agricultural education, manual training, domestic science, 
and such other vocational education as the State may require ; prescribe rules 
and regulations for sanitary equipment and inspection of school buildings; 
take any other action necessary to promote the physical and moral welfare of 
school children; elect its officers annually, defining their duties; fix time of 
meetings; and make its own by-laws. Office of State board shall be in the 
State capitol, where all meetings shall be held except when otherwise decreed. 
The State board may employ such assistance and incur such expense as 
deemed necessary w^ithin the limits of the appropriations made for its use. 

See also A (d), District boards and officers; B (c), Permanent State 
school fund; B (d), State taxation for school purposes; D (a), Buildings 
and sites, general; G (b). State normal schools; H (f). Compulsory attend- 
ance ; J ( a ) , Health, general ; O ( a ) , Industrial education, general. 

Rhode Island: State board of education shall be composed of governor and 
lieutenant governor, ex officio, and one member from each county, except 
Providence County, which shall have two members; members of board shall 
be divided into three classes, two members elected every two yeafs by legis- 
lature to serve six years; governor shall be president and commissioner of 
public schools secretary of said board; meetings shall be held quarterly and 
special meetings may be called by president or secretary. Poivers and duties 
of board: To supervise and control public schools and other educational 
institutions established and maintained wholly or in part by State; elect 
commissioner of public schools ; prescribe and cause to be enforced rules 
and regulations for carrying school laws into effect; provide registers for 
schools and institutions ; prepare blanks for reports to be made to said board ; 
make annual report to the legislature ; provide for instruction at their homes 
of blind residents of State, sum of $3,000 per year to be annually appro- 
priated for such purpose; provide, in cooperation with Brown University, 
courses of instruction designed to prepare students for positions as superin- 
tendents of public schools and high-school teachers and principals and ap- 
point suitable persons to State scholarships to pursue such courses, $5,000 
to be annually appropriated for such purpose. Said board may cause to be 
paid annually to each free public library a "sum not exceeding $50 for first 
500 volumes and $25 for each additional 500 volumes, the total for any 
library not to exceed $500 annually; shall establish rules for such libraries; 
may establish and maintain a system of traveling libraries, for which sum 
of $2,000 annually shall be appropriated. All payments herein authorized 
shall be made by State treasurer upon order of commissioner of public 
schools, approved by State board of education, to proper person in charge 
of library. Persons in charge of all schools, public or private, and all in- 
stitutions of learning shall make an annual report to State board of edu- 
cation. 

There shall be a State board of control and supply, consisting of five mem- 
bers appointed by governor, by and with advice and consent of the senate ; 
one appointed each year; term, five years. Said board shall elect one of its 



A (bl). STATE BOARDS. * 35 

members president and another secretary. Said oflBcers shall each receive 
annual salary of $3,000, other members $2,000. Board shall be allowed $3,000 
for clerical assistance and expenses. Each member of board shall give $5,000 
bond. Said board shall purchase and make all contracts for purchase of 
supplies and materials, repairs, alterations and improvements, and expenses 
incurred in and about the following institutions : State reform school. State 
home and school for children, Rhode Island institute for the deaf, Rhode 
Island school for the feeble-minded, and certain other State institutions. 

See also A (b2). State officers; A (d), District boards and officers; A (f). 
Administrative units — districts, etc.; B (e). State aid for elementary edu- 
cation; E (b). Teachers' certificates, general; F (c). Teachers' pensions; 
G (b), State normal schools; J (b). Medical inspection; N (a). High schools; 
O (a). Industrial education, general; T (b), Schools for the deaf; T (e), 
Schools for feeble-minded; U (c), Juvenile courts; U (e), Schools for 
dependents and delinquents. 

South Carolina: The governor, the superintendent of education, and seven 
persons appointed by the governor shall constitute the State board of edu- 
cation. Tei-m of appointive members, four years. Governor is chairman and 
superintendent is secretary. Meetings shall be held on call of the chairman 
or a majority of the members ; majority, a quorum. Compensation of appoint- 
ive members, $4 per day and mileage for not exceeding 20 days in a year. 
Said board shall be an advisory body to the State superintendent and shall 
hear and determine appeals from county boards of education. General pow- 
ers: To make rules for the government of the public schools; prescribe rules 
for the examination of teachers ; prescribe standards of proficiency for 
teachers; prescribe the course of study for the public schools; adopt for not 
less than five years a uniform series of textbooks ; make contracts with pub- 
lishers for furnishing the same, and require publishers to establish a deposi- 
tory in each county; grant State teachers' certificates and revoke them for 
cause; review, on appeal, an order revoking a county certificate; award 
scholarships created in State institutions by legislature. Scholarships pro- 
vided for the State university, Clemson Agricultural College, the Citadel, 
and the Winthrop Normal and Industrial College shall be awarded by said 
board on the recommendations of the faculties of such institutions or of 
committees appointed by 'the trustees thereof. Such recommendations shall 
be determined by competitive examinations. Those receiving scholarships in 
the university shall be required to take the regular teachers' normal course, 
and shall give their notes for funds received to be payable eight years after 
date, but to be canceled without payment when promissor has taught two 
years. At least one scholarship awarded to Winthrop College in each county 
shall be granted to a rural community. ' Fifty-one scholarships (one from 
each county and seven from the State at large) are created in Clemson Col- 
lege ; value, $100 each and free tuition. 

See also A (b2), State officers; A (cl), County boards; A (c2), County 
officers; A (f). Administrative units — districts, etc.; B (d). State taxation for 
school purposes; B (e), State aid for elementary education; D (a), Buildings 
and sites, general; N (a), High schools; P (c), State universities and col- 
leges; S (b). School libraries. 

South Dakota: The control of the educational institutions supported in whole 
or in part by the State shall be vested in a State board of regents of educa- 
tion consisting of five members appointed by the governor, with the consent 
of the senate, for a term of six years ; none of said regents shall reside in the 



36 State laws relating to public education. 

counties in which State educational institutions are located. Two regular 
meetings shall be held annually and special meetings may be held; three 
regents constitute a quorum. Board shall be a body corporate, and as such 
shall have conirol of the property of said institutions, including the purchase 
of land, erection of buildings, etc. Said board is authorized to employ or 
dismiss the faculties and other employees of said institutions, determine the 
number and duties of such employees, and fix their compensation. For each 
institution board may determine departments, courses of study, textbooks, 
entrance requirements, etc. It shall fix tuition rates and may receive in any 
one of said institutions free of tuition two students appointed by each State 
senator and one by each representative ; orphans of veterans of the Spanish- 
American War shall be admitted to such institutions free of tuition. Regents 
shall not create or continue departments in duplication of each other except 
where necessary for the special work of any particular institution. Regents 
may confer scholastic honors and degrees. The agricultural experiment sta- 
tion shall be under the control of said regents; regents shall encourage and 
provide for farmers' institutes; they shall have made a geological survey of 
the State and also a geological map of the State; they shall cause to be col- 
lected specimens of soils, rocks, minerals, and specimens of animal and vege- 
table life. State treasurer shall be treasurer of the regents of education. 
Regents shall have control of the expenditure of moneys appropriated for 
State educational institutions. Each regent shall receive $1,000 per annum 
and actual expenses when attending to duties. Regents may employ a secre- 
tary and stenographer. They shall report biennially to the governor. 

See also E (f). Teachers' associations, reading circles; G (b), State normal 
schools; P (c), State universities and colleges; Q (b). Agricultural colleges; 
Q (d), Mining schools; S (b), Public-school libraries; T (b), Schools for 
the deaf. 

Tennessee: Governor shall appoint a State board of education; term, six years, 
two being appointed biennially; governor and State superintendent shall be 
members ex officio ; governor shall be president, and superintendent shall be 
secretary and treasurer. Duties of hoard: To report to legislature the oper- 
ations of the board and condition of normal schools, with recommendations 
for improvement of normal and public schools. Said board is authorized to 
establish one or more normal schools; they may accept contributions from 
the Peabody Educational Fund or from other source. No pupil under 16 
years old shall enter normal school, and all entering shall pass examination 
prescribed by State board; diplomas shall be granted to those completing 
the course, and such diploma shall entitle holder to teach anywhere in the 
State without further examination. White and colored normal schools shall 
be kept separate. State board shall make rules for examination of appli- 
cants for county superintendency. Other duties: To apportion funds for 
equalizing school conditions, stimulating consolidation and transportation, 
and encouraging apix)intment of county school supervisors; grade county 
high schools and exercise general control over the same; expend the fund 
for establishing school libraries. 

Public-school system shall be administered by State superintendent, State 
board of education, county superintendent, and county board of education. 

See also A (b2). State officers; A (c2). County officers; B (a), General 
State finance and support; E (b). Teachers' certificates, general; K (c), 
Uniformity of textbooks: Q (b). Agricultural colleges; S (b). Public-school 
libraries. 



A (bl). STATE BOARDS. 37 

Texas: Governor, secretary of state, and comptroller shall constitute State 
board of education; governor shall be president, and State superintendent 
secretary. Such board shall, on or before August 1, apportion on basis of 
school census State school fund to counties and cities, towns and districts 
constituting separate school organizations. Such board shall invest i>erma- 
nent State school fund; bonds may not be purchased unless they bear 3 
per cent interest or more. Whenever any county or incorporated city, 
independent or common-school district, road precinct, drainage, irrigation, 
navigation, or levee district issues bonds, such bonds must be offered for 
sale to State board of education. Board may create school districts at 
eleemosynary institutions, and State superintendent shall appoint trustees 
for such district. 

See also A (b2). State officers; A (f), Administrative units — districts, etc.; 
E (b). Teachers' certificates, general; G (b), State normal schools; K (c), 
Uniformity of textbooks. 

Utah: State board of education shall consist of State superintendent of public 
instruction, president of State university, president of agricultural college, 
ex officio, and two persons appointed by the governor for term of four years. 
Board shall have general control and supervision of the public-school 
system. Board shall also promote the establishment of libraries and gym- 
nasiums and may appoint and fix salary of secretary to work under direction 
of State superintendent. Compensation of members, $4 per diem and ex- 
penses, but those drawing salary from State shall not receive per diem. 
Clerical assistance to extent of $250 per annum may be employed. Super- 
intendent shall be chairman and shall appoint another member secretary. 

See also A (c2). County officers; E (b), Teachers' certificates, general; 
F (a). Teachers' contracts, duties, etc.; F (c), Teachers' pensions; K (c). 
Uniformity of textbooks; L (-a). Course of study; N (a), High schools. 

Vermont: State board of education shall consist of five members appointed by 
governor, with advice and consent of senate, in groups of two, two, and one ; 
one group appointed biennially to serve six years ; not more than three mem- 
bers shall be engaged in educational pursuits. Poivers and duties: To elect 
chairman, vice chairman, and treasurer; hold four regular meetings annu- 
ally and necessary special meetings; establish regulations; require, as said 
board and State treasurer may designate, bond of treasurer; appoint 
and fix salary of superintendent of education, whose term of office shall be 
three years; inspect and report upon expenditures of State funds; make 
biennial report to legislature; employ inspectors, clerks, lecturers, and other 
officers, prescribe their duties; publish and distribute educational bulletins; 
fix allowance for expenses of superintendent's office. Each member of said 
board shall receive $4 and expenses for each day officially employed. Sum 
of $7,000 is annually appropriated, to be apportioned by said board, for sum- 
mer schools for elementary teachers, educational meetings, agricultural in- 
struction, mspection of high schools, payment of services and expenses of said 
board, and for other purposes as board may direct ; said board shall certify 
such apportionment to auditor of accounts; disbursement of such amounts 
for summer schools, educational meetings, and agricultural instruction shall 
be made by superintendent; for other purposes by said board. Said board 
shall, upon application of school boards of two or more towns for formation 
of a union for school supervision, give a hearing, and may order the school 
boards of such towns to elect a joint committee for said purpose; no union 
shall be formed except by vote of majority of school directors of towns 



38 STATE LAWS RELATING TO PUBLIC EDUCATION. 

affected ; State board shall prescribe qualifications of union superintendents ; 
no such superintendent may be removed except by majority vote of joint 
committee, with approval of said board, and for good cause. 

See also A (b2), State officers; E (b), Teachers' certificates, general; F (c), 
Teachers' pensions; G (b), State normal schools; G (c). County and local 
normal schools; H (g), Child labor; J (b), Medical inspection; L (j). Agri- 
culture; N (a), High schools. 

Virginia: Composition of State hoard of education: Governor, attorney general, 
superintendent of public instruction, and three experienced educators elected 
quadrennially by the senate from a list of eligibles consisting of one from 
each of the faculties and nominated by the respective boards of visitors or 
trustees of the University of Virginia. Virginia Military Institute, Virginia 
Polytechnic Institute, State Female Xormal School at Farmville, School for 
the Deaf and Blind, and the College of William and Mary. The board thus 
constituted shall associate with itself two division superintendents, one from 
a county and one from a city, who shall be members but shall not participate 
in the appointment of school officers. Term of members elected by the senate, 
four years ; term of division superintendents, two years, but not longer than 
they hold the office of superintendent. State superintendent shall be president 
of the board. Meetings shall be held upon the call of the president or a ma- 
jority of the board ; majority a quorum. Said board shall recover money due 
the literary fund. Powers and duties of hoard: To divide the State into 
school divisions comprising not less than one county or city each, but no county 
or city shall be divided; appoint, subject to confirmation by the senate, a 
superintendent of schools for each division thus created and fix his compen- 
sation and duties ; prescribe the duties of the superintendent of public instruc- 
tion; approve the appointment of the necessary employees for the office of 
the superintendent and fix their compensation; adopt by-laws for its own 
government and rules and regulations for the conduct of the schools ; provide 
for the examination of teachers by a State board of examiners, and for the 
inspection of the schools ; select textbooks and educational appliances for the 
public schools, but no book shall be changed within four years of its adoption ; 
make with publishers for not exceeding seven years a contract or contracts to 

. furnish books to the schools at a price not to exceed that for which books 
are sold elsewhere and to require a bond of each contracting publisher ; guard 
against unnecessary multiplication of schools; approve plans of State super- 
intendent for the conduct of summer normal schools and audit the accounts 
of such schools; decide appeals from State superintendent; order school 
election in county or district on any matter which may be legally referred to 
voters ; invest the capital and unappropriated income of the literary fund in 
bonds of the State, the United States, school districts, or railroad companies, 
secured by first mortgages having a market value of at least 90 cents "on the 
dollar; audit all claims to be paid out of the literary fund; approve appor- 
tionment of school moneys to counties ; determine contingent expenses of the 
office of State superintendent; punish division superintendent for neglect of 
duty or official misconduct; appoint a board of five directors to have the 
management of the State library (except the law library) ; regulate the ad- 
ministration of the public-school system and make recommendations relating 
thereto to the legislature; report to the legislature at each regular session; 
perform such other duties as may be prescribed by law. Necessary expenses 
of members, except members ex officio, shall be paid for the performance of 
official duties. 



A (bl). STATE BOAKDS. 39 

No school officer or teacher shall be personally interested in any school 
contract or in the sale of schoolbooks or apparatus, but the State board of 
education may permit the author of a book or the inventor of apparatus to 
receive the benefits thereof; no school officer shall acquire at less than face 
value any evidence of indebtedness issued by any board of supervisors, com- 
mon council, or school board. Each school officer shall deliver to his suc- 
cessor the records of his office. All penalties imposed by the school law shall 
be for the benefit of the literary fund. The circuit courts of counties and 
corporation courts of corporations shall have power to remove for cause the 
officers thereof. Each school officer shall take an oath to support the Con- 
stitutions of the United States and Virginia and to discharge faithfully the 
duties imposed upon him by law. 

See also A (b2). State officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc. ; B ( a ) , General state finance and sup- 
port; C (b), Local bonds and indebtedness; D (b), State aid, approval of 
plans; F (a). Teachers' contracts, duties, etc.; F (c), Teachers' pensions; 
G (b), State normal schools; G (d). Teachers' institutes and summer schools; 
H (a), School population and attendance, general; H (c), School year, month, 
day; N (a), High schools; O (a), Industrial education, general; O (b), 
Agricultural schools; P (c). State universities and colleges; Q (b). Agricul- 
tural colleges; S (b), Public-school libraries; U (e), Schools for dependents 
and delinquents. 

Washington: State board of education shall consist of superintendent of public 
instruction, president of University of Washington, president of State College 
of Washington, ex officio, principal of one of State normal schools, elected by 
the principals of the State normal schools, and three persons holding life 
diplomas issued under authority of this State and actively engaged in edu- 
cational work, appointed by governor, one of whom shall be superintendent 
of district of first class, one a county superintendent, one a principal of a 
fully accredited four-year high school ; term of appointed and elected mem- 
bers shall be two years. Superintendent of public instruction shall be ex 
officio president of said board and shall represent said board in directing 
high-school inspection. Deputy superintendent of public instruction shall be 
ex officio secretary of said board, but shall have no vote in its proceedings. 
Said board shall hold an annual meeting at the capital, and such special 
meetings as may be called by the superintendent of public instruction ; mem- 
bers shall be reimbursed for official expenses, to be paid by State; members 
not under salary, who do special committee work, shall be paid $5 per day 
for time so employed. Poicers and duties of said toard: To approve pre- 
paratory requirements for entrance to University of Washington, State Col- 
lege of Washington, and State normal schools; approve courses for State 
normal schools, for department of education at University of Washington, 
and State college of Washington, and for all accredited normal training de- 
partments of higher institutions within the State ; investigate work required 
as a condition of entrance to and graduation from normal schools, colleges, 
universities, and other institutions of higher education; accredit higher 
institutions of this and other States whose graduates may receive teachers' 
certificates without examination except in State manual of Washington, but 
entrance and graduation requirements of colleges and universities when 
accredited must be equal to those of University of Washington and require- 
ments for normal schools shall be equal to advanced course of State normal 
schools of this State ; prepare accredited list of State life certificates and life 
diplomas issued in other States by examination upon which certificates may 



40 STATE LAWS RELATING TO PUBLIC EDUCATION. 

be issued in this State without examination, except in Washington State 
manual, but requirements to obtain such certificates and diplomas shall be 
equal to requirements for life certificate in this State; accredit secondary- 
schools, but no private academy shall be placed on such list if secret socie- 
ties are allowed to exist among its students ; send an inspector, upon request, 
to examine the normal training course maintained by an institution of higher 
education, with purpose of accrediting such department; inspect all accred- 
ited normal training departments annually; prepare and prescribe course of 
study for common schools, and prescribe rules for general government of 
such schools ; prepare uniform series of questions to be used by county super- 
intendents in examination of teachers and determine rules for conducting 
same, and prepare examination questions for applicants for State elementary 
certificates and life diplomas ; prepare answers to all examination questions 
prepared by the board ; prepare uniform questions for examination of pupils 
completing grammar-school course of study; hear and decide appeals as 
provided by law. Said board shall arrange such courses and enforce such 
regulations as will unify the work of the public-school system; shall adopt 
a seal. 

See also A (b2), State officers; A (cl), County boards; A (d), District 
boards and officers; E (a), Certification of teachers, general; E (b) Teachers' 
certificates, general; E (d), Validity, indorsement, revocation, etc.; G (b), 
State normal schools; L (a), Course of study; N (a), High schools; S (b), 
Public-school libraries; T (b), Schools for the deaf; U (e), Schools for de- 
pendents and delinquents. 

West Virginia: State board of education shall consist of State superintendent 
of education and five other persons engaged in educational work, appointed 
by him, one from each congressional district and not more than three from 
same political party; one appointed each year; term, five years. Duties of 
l)oard: To perform duties originally performed by State board of examiners; 
prescribe course of study for public schools, including district schools, pri- 
mary, graded, intermediate, and high schools ; prescribe and publish branches 
in which applicants for primary teachers' and high-school teachers' certifi- 
cates shall be examined. Said board may, at request of State superintendent, 
assist in preparation of teachers' examination questions; shall receive $5 
per day and expenses for each day officially employed, not to exceed 20 days 
each year, to be paid out of general school fund. Said board shall hold at 
least one examination each year in each congressional district for purpose of 
granting State professional certificates; said certificates shall be of first 
class, valid for 12 years, and second class, valid for 6 years; first-class cer- 

. tificates are renewable without examination- after 8 years' experience in 
teaching; second-class certificates shall be issued upon examination in 
branches required under the uniform system, and, in addition, in not fewer 
than four other branches to be determined by board ; second-class certificates 
shall be issued upon application, without examination, to graduates of West 
Virginia University, of State Normal School of West Virginia and its branches, 
and of other schools of this State of equivalent grade when applicants have 
taught three years under a No. 1 uniform certificate, one of which years 
shall immediately precede application. Teachers who have taught four years 
under a second-class certificate shall be entitled to receive, without exami- 
nation, a first-class certificate at expiration of the second class. Said board 
may issue certificates to teachers from other States, if such teachers hold 
certificates or diplomas of equal value with those issued under this act, if 
such States likewise recognize those issued in this State. All certificates shall 



A (bl). STATE BOAKDS. 41 

be countersigned by State superintendent of free schools. Said professional 
certificates shall exempt holders from other teachers' examinations; shall be 
valid anywhere in State ; shall be equivalent to first-grade certificate granted 
under uniform examination system; applicant for same shall pay fee of $5. 
Said board shall receive $5 per day for time oflacially engaged in conducting 
such examinations and 2 cents mileage, to be paid out of examination fees, 
and not to exceed amount of such fees. Said board shall make annual report 
to State superintendent relative to such examinations. 

State board of control shall be a corporate body consisting of three mem- 
bers chosen from two largest political bodies, not more than two to belong to 
dominant party, appointed by governor, by and with advice and consent of 
senate; one member shall be appointed every two years, to serve six years; 
any member may be removed for good cause ; each member shall receive $5,000 
per year and expenses when away from capital on ofiicial duty, but total of 
such expenses shall not exceed $3,000 in any year, except upon order of gov- 
ernor; said board shall be provided with an office and with clerical assist- 
ance ; members shall give entire time to duties of their office and shall not be 
eligible to any other lucrative office during term of service or for one year 
thereafter. Accounts of said board or board of regents or of any institution 
under such boards must be audited by State auditor. Board of control shall 
have full control of West Virginia Asylum, second hospital for the insane, 
West Virginia Hospital for Insane, West Virginia Penitentiary, West Vir- 
ginia Reform School, West Virginia Home for Girls, miners' hospitals, schools 
for deaf and blind, and such other institutions, except educational, as may be 
created by law ; said board shall have control of financial and business mat- 
ters of West Virginia University, preparatory branches of said university, 
State normal school and its branches, West Virginia Colored Institute, and 
Bluefleld Colored Institute. When appropriations by legislature are insuffi- 
cient to meet expenses of conducting any of said institutions board of control 
shall certify such deficiency to the board of public works ; said board of public 
works may direct payment of such deficiency as provided by law. Said board 
of control shall keep a careful record of business of institutions; shall visit 
each institution over which said board has full control at least once in each 
six months, and shall visit other institutions hereinbefore named when 
deemed advisable ; said board shall investigate conditions at said institutions ; 
some member of board shall visit each institution over which board has full 
control each month. Governor, by and w^ith advice and consent of senate, 
shall appoint superintendents and a warden for institutions over which board 
of control has full control; superintendents and warden shall appoint sub- 
ordinates ; board of control shall fix salaries of subordinates ; board of control 
shall provide and equip living quarters at such institutions for such officers 
and employees as said board may determine ; said board may adopt rules and 
regulations for said institutions. Board of control shall purchase supplies for 
all institutions hereinbefore named; shall advertise for bids for such sup- 
plies; shall award contracts to lowest responsible bidders; no member of said 
board shall have personal interest in any contract of any of said institutions. 
Said board shall submit plans of any proposed buildings to board of public 
works for approval. Said board of control shall make biennial report to gov- 
ernor. Board of control may receive any gift or devise of any property for 
aforesaid institutions. Board of control shall insure property of aforesaid 
institutions. 

The State board of regents shall be a corporate body consisting of five 
members, including State superintendent of free schools, and four members 



42 STATE LAWS KELATING TO PUBLIC EDUCATION. 

appointed in rotation by the governor, by and witli tbe advice and consent 
of the senate, to serve four years; appointive members shall be chosen from 
the two largest political parties, and not more than three shall belong to the 
dominant party ; members may be removed for cause ; members, except State 
superintendent, shall receive $1,000 per year and oflQcial expenses ; said super- 
intendent shall receive no per diem, but shall receive expenses vrhile serving 
as regent. Said regents shall have educational control over institutions here- 
inbefore named, except institutions under full control of State board of con- 
trol ; shall appoint presidents, professors, other teachers, and other employees 
of said institutions, and fix their salaries subject to confirmation of board of 
control. Board of regents shall, with consultation with faculties, prescribe 
courses of study and textbooks ; shall establish needed departments and fix tui- 
tion charges; shall meet with board of control when notified so to do; shall 
make annual report to governer. Board of control and board of regents shall 
make reports, as required, to State auditor. Each member of board of con- 
trol shaU take oath of oflace, and shall file bond in sum of not less than 
$25,000. 

See also B (c), Permanent State school funds; E (b). Teachers' certificates, 
general; G (b), State normal schools; K (c), Uniformity of textbooks; L (a). 
Course of study; O (a), Industrial education, general; P (c), State univer- 
sities and colleges; T (b), Schools for the deaf; U (e), Schools for dependents 
and delinquents. 

Wisconsin: State board of control of reformatory, charitable, and penal insti- 
tutions shall consist of five members, appointed by governor, by and with 
advice and consent of the senate; term, five years; one member shall be a 
woman; not all of members shall belong to same political party; no two 
members shall be from same congressional district; members shall devote 
entire time to their duties ; board shall be a body corporate ; board shall hold 
monthly meetings ; board shall make biennial report to governor ; biennial 
examination shall be made of accounts of board by an audit company. Duties 
of said hoard: To maintain and govern State hospital for insane, northern 
hospital for insane. State prison, State reformatory, industrial school for 
boys, State school for blind, State school for deaf, State public school for 
dependent and neglected children, home for feeble-minded, and all other like 
institutions supported by the State; supervise and direct management of 
affairs of said institutions; preserve and care for property of said institu- 
tions; hold in trust property for benefit of said institutions; make by-laws, 
rules, and regulations; visit and inspect each institution monthly; employ 
and fix salaries of officers, teachers, and employees ; fix fees required. 

See also E (b). Teachers' certificates, general; F (c). Teachers' pensions; 
G (b). State normal schools; O (a). Industrial education, general; S (b). 
Public-school libraries; T (b). Schools for the deaf; T (c), Schools for the 
blind; T (e), Schools for the feeble-minded. 

Wyoming: Governor, secretary of state, treasurer, and State superintendent 
shall constitute board of land commissioners and shall have direction, con- 
trol, lease, and disposal of school lands. 

Governor, secretary of state, treasurer, auditor, and State superintendent 
shall constitute the State board of charities and reform ; superinendent shall 
be secretary, and as such shall make biennial report to governor. 

See also E (b). Teachers' certificates, general; T (b). Schools for the deaf; 
T (e), Schools for the feeble-minded; U (e). Schools for dependents and 
delinquents. 



A (b2). STATE OFFICERS. 43 

A (b2). State Officers. 

Alabama: Superintendent of education. — Term, four years; salary, $3,000; oflS- 
cial bond, $15,000; elected by qualified voters. (See constitution.) May 
employ a chief clerk, two bookkeepers, and a stenographer. 

Powers and duties: To supervise the educational interests of the State; 
require from school oflBcers such reports as he may deem important ; remove 
for cause any school officer, except county superintendent ; visit as far as 
practicable every county in the State; assist in organizing and conducting 
teachers' institutes; make provision in all public schools and colleges for 
instruction in physiology and hygiene; make provision for instruction in the 
constitutions of United States and Alabama; apportion the public-school 
fund to counties; have printed and distributed all necessary blanks; pre- 
scribe a uniform system of keeping records and accounts; keep account with 
each township or district of funds accruing thereto; keep account of the 
capital of all sixteenth-section or other trust funds ; preserve all bonds of 
school officers; employ attorneys to institute suits against defaulters to the 
educational fund; secure and disseminate information regarding public 
education in other States and countries; collect specimens of school books, 
apparatus, etc., when such may be had without cost ; have school laws pub- 
lished and distribute the same to school officers; make an annual report to 
the governor. 

In case of vacancy in the office of superintendent, the governor shall ap- 
point for unexpired term. 

See also A (cl), County boards; A (c2). County officers; A (f). Adminis- 
trative units — districts, etc.; B (b), State school lands; B (e), State aid 
for elementary education; D (b), State aid, approval of plans; E; (b), 
General certificates; G (b), State normal schools; G (d), Teachers' institutes 
and summer schools; H (g), Child labor; K (c). Uniformity of textbooks; 
L (d), Physiology and hygiene; N (a), High schools; O (b), Agricultural 
schools; P (c), State universities and colleges; Q (b), Agricultural colleges; 
Q (f ), Other technical and professional schools ; S (b), Public-school libraries ; 
T (b), Schools for the deaf; U (e), Schools for dependents and delinquents. 

Arizona: A State superintendent of public instruction shall be elected by the 
qualified voters; term, two years ; salary, $3,000. Duties: To superintend 
the public schools; investigate any accounts of school money kept by State, 
county, or district officers ; apportion, subject to State board of education, all 
State school funds to counties on basis of number of persons 6 to 21 years 
old and to certify such apportionment to State auditor ; prepare and furnish 
to school officers and teachers blank forms and registers; have printed and 
distributed course of study prescribed by State board of education; furnish 
record books for his own office and for those of State board of education, 
State board of examiners, and county superintendents; publish pamphlets in 
relation to the observance of Arbor Day, Flag Day, Washington's Birthday, 
and other school holidays, and also in relation to sanitation, school archi- 
tecture, and other subjects, as directed by State board of education; keep 
itemized account of traveling expenses, which shall not exceed $1,000 an- 
nually ; make biennial financial and statistical report ; have school laws 
printed every two years and supply school officers, teachers, and libraries 
with copies of the same ; hold annual meetings of county superintendents and 
allow such superintendents their actual expenses for attendance; appoint, 
when necessary, assistants to State board of examiners ; appoint an assistant 



44 STATE LAWS RELATING TO PUBLIC EDUCATION. 

superintendent at a salary of $2,000, and employ such otlier assistants as 
State board of education may deem necessaiy. 

See also A (bl), State boards; A (c2). County officers; A (d), District 
boards and officers; D (e), United States flag in schools; B (b), General cer- 
tificates; G (b), State normal schools; H (g), Child labor; L (k), Days of 
special observance; P (c). State universities and colleges. 

Arkansas: There shall be elected at each general election a State superin- 
tendent of public instruction; term, two years; salary, $2,500. Duties of 
State superintendent: To have general supervision of the public schools; 
keep official records, etc., at his office in the State capitol ; furnish to county 
examiners questions for the examination of teachers; furnish blanks, regis- 
ters, etc., to county examiners for use of school officers; prepare and furnish 
poll books for use at school elections; aid commissioners of the school fund 
in the administration of the same; make annual report to governor as to 
the condition of the schools and the school fund, which report shall be 
transmitted to the legislature; apportion annually to counties the State 
school funds on the basis of number of persons between 6 and 21 years old; 
have school laws published and distribute the same ; give opinions as to 
construction of school laws. He may examine the State auditor's books to 
determine the safety of the school funds. Neither the State superintendent 
nor county examiner shall act as agent for any author, publisher, or book- 
seller. He may grant a State certificate, valid for life unless revoked, to 
any person who shall pass an examination in the branches required for 
county certificates and in algebra, geometry, physics, rhetoric, mental phil- 
osophy, history, Latin, Constitution of the United States and of Arkansas, 
natural history, and theory and practice of teaching. He may grant a 
professional license, valid in any county and for a period of six years, to 
applicant passing examination in studies required for a first-grade license 
and in algebra, plane geometry, general history, rhetoric, and civil govern- 
ment. Fees required of applicants: State license, $10; professional license, 
$3 ; such fees shall be used for defraying the expenses of examinations and for 
an institute fund and a library fund for superintendent's office. State super- 
intendent shall prepare a graded course of study for common-school districts. 
See also A (bl), State boards; A (c2), County officers; A (d), District 
boards and officers; B (e), State aid for elementary education; G (d). 
Teachers' institutes and summer schools; K (c). Uniformity of textbooks; 
N (a), High schools. 

California: A State superintendent of public instruction shall be elected by the 
qualified voters of the State; term, four years; salary, $5,000. Powers and 
duties: To superintend schools; report biennially to the governor; make tab- 
ular statements of educational statistics ; apportion State school fund and fur- 
nish abstract of such apportionment to State controller and city and county 
school officers (apportionment shall be $250 for each teacher and the balance 
on basis of average attendance) ; draw his order on controller for amounts 
apportioned ; have school laws printed and furnish to school officers and libra- 
ries; furnish necessary blanks, etc., to officers and teachers; visit State- 
supported orphan asylums; visit schools of different counties ($1,800 allowed 
for traveling expenses) ; affix official seal to drafts, etc. ; have all valuable school 
reports and documents bound for his office; report total average attendance 
to controller ; deliver to his successor all the property, books, etc., of his office. 
He may call and hold annually a convention of city and county superintend- 
ents, whose duty it shall be to attend. He shall distribute proposed consti- 
tutional amendments to colleges and high schools. 



A (b2). STATE OFFICERS. 45 

Commissioner of elementary schools — Duties: To visit elementai*y day and 
evening schools and investigate course of study ; enforce the use of State text- 
books and report to State board ; perform such other duties as State superin- 
tendent may direct. 

Commissioner of secondary schools — Duties: To visit and investigate sec- 
ondary day and evening schools ; may recommend changes in courses of study ; 
investigate contracts with textbook companies; perform such other duties as 
State superintendent may direct. 

Commissioner of industrial and vocational education. — Duties: To visit 
State-supported schools in vrhich vocational education is given or contem- 
plated ; "may recommend changes to boards of control of such schools and re- 
port to State board; perform such other duties as State board may direct. 
Salary of assistant superintendents, $4,000 each. 

See also A (bl), State boards; A (c2), County officers; B (e), State aid for 
elementary education; F (a), Teachers' contracts, duties, etc.; G (b), State 
normal schools; N (a), High schools; P (c), State universities and colleges, 

Colorado : A State superintendent of public instruction shall be elected by the 
qualified voters; term, two years; salary, $3,000. Duties: To preserve in his 
office at the capitol all official papers transmitted to him by county officers; 
decide all points touching the construction of the school laws and his decisions 
shall be final until set aside by a court of competent jurisdiction or by subse- 
quent legislation; prepare or cause to be prepared lists of questions to be 
used by county superintendents in the quarterly examinations of teachers; 
have general supervision of county superintendents and the public schools; 
prepare and furnish to teachers and officers the necessary blank forms, regis- 
ters, etc., which shall be charged to counties at cost ; have school laws printed 
in pamphlet form and supply school officers, school libraries, and State libra- 
ries with a copy each; make biennial report to governor before each session 
of the legislature; visit annually all counties, if possible; apportion public- 
school income fund to counties on the basis of school population. He may 
employ an assistant librarian to have charge of State library under State 
librarian. 

See also A (bl). State boards; A (c2), County officers; A (d), District 
boards and officers; B (a). General State finance and support; E (b), General 
certificates; G (d). Teachers' institutes and summer schools; J (b), Medical 
inspection; N (a), High schools; P (c). State universities and colleges; 
U (e), Schools for dependents and delinquents. 

Connecticut: See A (bl), State boards; A (d), District boards and officers; 
B (a), General State finance and support; H (f). Compulsory attendance; 
H (g). Child labor; Q (b), Agricultural colleges; S (b), Public-school libra- 
ries; T (b). Schools for the deaf. 

Delaware: The governor shall appoint a commissioner of education who shall 
hold office for a term of two years, or until his successor qualifies; salary, 
$2,000. He must have had at least five years' experience in teaching and 
must be a graduate of a reputable college or normal school. His duties shall 
be directed toward the betterment and standardization of the public schools. 
He shall be secretary of the State board of education. 

The State auditor shall annually settle the account of each school district. 

See also A (bl). State boards; B (e), State aid for elementary education. 

Florida: A State superintendent of public instruction shall be elected by the 
qualified voters; term, four years;, salary, $3,600. Duties: To have school 
laws printed and distribute the same, with necessary blanks, etc., to school 



46 STATE LAWS RELATING TO PUBLIC EDUCATION. 

oflacers and teachers; hold conventions of county superintendents and other 
school officers; assemble teachers in institutes and employ instructors there- 
for; apportion the interest on the common-school fund and the fund raised 
by the 1-mill State tax to counties in proportion to average attendance at 
school of children between 6 and 21 years old; make such apportionment as 
seems just when returns upon which apportionment should be made are de- 
fective or have not been received; decide appeals arising under the law or 
refer the same to the State board of education ; prescribe rules for the man- 
agement of the department of education ; prepare questions for county exami- 
nations and distribute the same to county superintendents; hold written 
examinations for State certificates; may grant life certificates; may order 
county examinations at other times than prescribed by law; shall file and 
preserve certified copies of the monthly lists of persons who have paid their 
poll taxes. 

The State treasurer shall be treasurer of State school funds and the county 
treasurer shall be treasurer of county school funds. 

See also A (bl), State boards; A (b3), State inspection of schools; 
A (cl), County boards; A (c2), County officers; D (c), Care, sanitation, 
etc., of schoolhouses ; E (b), Teachers' certificates, general; G (d), Teachers' 
institutes and summer schools; H (g), Child labor; K (c), Uniformity of 
textbooks; L (a), Course of study. 

Georgia: A State superintendent of schools shall be elected by the qualified 
electors; term, two years; salary, $3,000. He shall be charged with the ad- 
ministration of the school laws and the superintendence of the common 
schools. He shall prescribe forms and blanks for subordinate school officers 
and shall from time to time transmit to such officers instructions by which 
they shall be governed, subject to appeal to State board of education. He 
shall, as often as possible, visit the several counties for inspection of the 
schools and the promotion of education. He shall see that proper actions are 
brought against officers for misappropriation of the school funds or other 
cause. He shall make an annual statistical report to the legislature. He 
shall be entitled to expenses. He shall give an official bond for $10,000. As 
secretary and executive officer of State board of education he shall receive 
$1,000 per annum (included in $3,000 salary). He must be a man of good 
moral character, of high educational standing, and must have had at least 
three years' experience in teaching or be a graduate of a reputable college 
or normal school or have had five years' experience in supervision. He shall 
enforce school laws and regulations of State board of education and shall 
make recommendations to said board. He may suspend a county superin- 
tendent for cause, subject to approval of State board. WitTi approval of said 
board, superintendent may appoint three school supervisors to act under 
superintendent in the general supervision of the schools and to instruct 
in teachers' institutes and grade papers of applicants for professional certifi- 
cates or State licenses; salary of each, not exceeding $2,000 per annum and 
traveling expenses. Superintendent shall, with approval of State board, 
appoint at a salary of $2,000 per annum an experienced bookkeeper to audit 
accounts of county superintendents, local school officers. State educational 
institutions, and all State-aided schools. 

See also A (bl), State boards; A (cl), County boards; A (c2). County 
officers; B (e), State aid for elementai-y education; E (b), Teachers' cer- 
tificates, general; G (d). Teachers' institutes and summer schools; K (c), 
Uniformity of textbooks; M (c), Evening schools. 



A (b2). STATE OFFICEKS. 47 

Idaho : State superintendent of public instruction shall be elected biennially by 
qualified voters; no person shall be a candidate for such office who does not 
hold a State or life certificate and a diploma from an approved normal school 
or university and is engaged in educational work ; he shall take oath of office 
and give bond for $2,000 ; he shall have an office at the State capitol, where 
he shall keep all official records ; he shall summon county superintendents or 
city superintendents and district principals of judicial circuits to conferences 
at time and place fixed by him. General duties: To have school laws printed 
and furnish them to school officers and libraries and also furnish blanks, etc., 
to teachers ; visit such counties as need his attention ; conduct correspondence 
to secure educational information. 

See also A (bl), State boards; A (c2), County officers; B (a), General 
State finance and support; E (b), Teachers' certificates, general; L (a). 
Course of study; L (k), Days of special observance; S (b), Public-school 
libraries; U (e), Schools for dependents and delinquents. 

Illinois : A superintendent of public instruction shall be elected by the qualified 
electors; term, four years; salary, $7,500. Duties: To have an office and keep 
records at the State capital ; preserve all documents coming into his hands 
as superintendent ; supervise public schools ; confer with experienced teachers 
as to the best manner of conducting schools; advise and assist county super- 
intendents ; act as ex officio member of the board of trustees of the Southern 
Normal University; make rules necessary to carry out the school laws; 
give advice to school officers regarding the school laws; hear and determine 
all controversies coming to him by appeal from county superintendents; 
grant certificates to qualified teachers and suspend State certificates for 
cause ; visit and inspect such charitable institutions as are educational in 
their character; report biennially to the governor as to the condition of the 
schools. Powers of sii'perintendent : To designate statistics required to be 
reported by school officers to county superintendent; authorize county super- 
intendents to procure necessary assistance in conducting teachers' examina- 
tions ; require county superintendents to furnish information for his biennial 
report; require reports from townships, cities, and districts; remit, for 
good reason, the school fund forfeited by any township which may have 
failed to make reports required by law; require the auditor of public 
accounts to withhold from the county superintendent the amount due his 
county from the State school fund, or the said superintendent for his com- 
pensation, until the said superintendent makes the required annual report 
to State superintendent; request reports from every university, college, or 
other educational institution; require that common-school township or other 
school fund be withheld from any township, district, officer, or teacher until 
required reports are made. 

See also A (c2). County officers; A (d), District boards and officers; B (a), 
General State finance and support; E (b). Teachers' certificates, general; 
G (b), State normal schools; G (d), Teachers' institutes and summer schools; 
P (c). State universities and colleges; U (e). Schools for dependents and 
delinquents. 

Indiana: A State superintendent of public instruction shall be elected by the 
qualified voters at a general election; term, two years; salary, $5,000. 
Duties: To superintend generally the business of the common schools and 
of the school funds; report biennially to the governor in years when the 
legislature does not meet and biennially to the legislature when it meets; 
visit each county at least once in his term and examine the auditor's books 
and records relative to the school fund; report unsafe investment or misuse 



48 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

of the school f iiuds to the legislature ; exercise supervision over school funds 
and revenues. He may prepare and furnish to school officers forms and 
rules for making reports and blanks therefor; he shall prescribe forms of 
bookkeeping for county auditors and treasurers; he shall have school laws 
printed and distributed to school townships. He may countersign life cer- 
tificates of teachers from other States if the requirements for obtaining said 
certificates shall be equivalent to those for obtaining the same certificate 
in Indiana, and said certificates shall be valid in any of the schools of the 
State. 

See also A (bl), State boards; A (c2), County officers; B (e), State aid for 
elementary education; E (b), Teachers' certificates, general; F (a), Teachers' 
contracts, duties, etc.; G (b), State normal schools; H (f), Compulsory at- 
tendance; J (a), Health, general; K (c), Uniformity of textbooks; N (b), 
High-school inspection; O (a). Industrial education, general; P (c), State 
universities and colleges. 

Iowa: The governor shall, with the consent of two- thirds of the senate, api)oint 
a superintendent of public instruction; term, four years; salary, $4,000. He 
shall be a graduate of an accredited university or college, or of a normal 
school having a four-year course above the high school and shall have had at 
least five years' experience as a teacher or superintendent. He shall have 
general supervision of the rural, graded, and high schools and such other 
State and public schools as are not under the control of the State board of 
education or board of control of State institutions. Duties: To ascertain the 
condition of schools under his supervision; publish and distribute informa- 
tion regarding education; promote interest in education, including agricul- 
tural, industrial, and commercial training; classify schools and formulate 
suitable courses of study therefor; prescribe reports to be made by school 
officers and furnish blanks therefor; furnish circulars relative to the ob- 
servance of special days; hear and determine appeals; report annually to 
auditor the number of persons of school age; make biennially a statistical 
report to the governor; publish a pamphlet showing plans for schoolhouses ; 
appoint county institutes to be held in each county not more than twice each 
year; prepare questions for the examination of teachers and of graduates of 
the eighth grade; preserve educational reports and keep a record of official 
acts; have school laws printed every four years. He may require reports 
from time to time from all public-school officers. He may apiwint a deputy 
and shall appoint a chief clerk and not exceeding three inspectors of schools. 
Deputy shall receive $2,500 annually; inspectors shall receive $2,000 each. 

See also A (c2), County officers; A (d). District boards and officers; E (b). 
Teachers' certificates, general; G (c), County and local normal schools; 
H (e). Consolidation of districts, etc.; L (j), Agriculture; N (a), High 
schools. 

Kansas: A State superintendent of public instruction shall be elected by vote 
of the qualified electors; term, two years; salary, $2,500; he shall take oath 
and give bond in sum of $10,000. He shall, subject to law, have supervision 
and management of the public schools; he may appoint an assistant and a 
clerk. He shall semiannually apportion the income from permanent fund 
and annual State taxes to counties on the basis of the number of persons 
between 5 and 21 years old, and shall draw his order in favor of county treas- 
urers for the same when required reports have been made. He shall, at the 
request of the county superintendent and on a written statement of facts, give 
his opinion on all matters and controversies arising out of the interpretation 
of the school laws. He shall, not ofteuer than every two years, have school 



A (b2). STATE OFFICERS. 49 

laws published; he shall prepare and furnish to school officers all necessary 
forms and blanks ; he shall at least once in every two years visit every county 
in the State ; he shall, before each biennial session of the legislature, make a 
statistical and financial report to the governor. 

See also A (c2), County officers; A (f). Administrative units — districts, 
etc.; B (c), Permanent State school funds; D (e), United States flag in 
schools; E (b), Teachers' certificates, general; G (b). State normal schools; 
G (d), Teachers' institutes and summer schools; H (g), Child labor; K (c), 
Uniformity of textbooks ; B, ( b ) , Corporations of an educational character. 

Kentucky: State superintendent of public instruction shall enter upon his 
duties in January after his election; shall give bond of at least $25,000; 
shall have salary of $2,500; office fixtures, etc., and three clerks. He shall 
appoint two professional educators, and these two with himself shall con- 
stitute a State board of examiners, who shall examine all applicants for 
certificates for county superintendent, for State diplomas, or State certifi- 
cates. This board shall prepare questions for examination of candidates for 
county superintendent and for teachers. State superintendent shall keep his 
office at seat of government ; devote all his time to his office ; make biennial 
reports to legislature and print same ; report on institutions for blind, deaf, 
and feeble-minded ; prepare blanks for reports, registers, certificates, etc. ; 
shall biennially collect, edit, and publish school laws and decisions bearing 
on same ; shall report county superintendents and others for neglect of duty ; 
on written request shall decide questions of difference or doubt touching 
administrative duties of officers and teachers, with appeal to State board of 
education allowed; shall appoint agents to take charge of gifts and dona- 
tions to common-school fund, who shall sell and dispose of same and pay 
proceeds into State treasury; said agent shall give bond, make settlement 
with county court, and be liable for damages ; State superintendent " should 
visit various portions of State in the interests of the common schools"; 
$500 appropriated to cover this expense. Superintendent elected by vote of 
the people; term, four years. 

State superintendent is authorized to act as special State inspector and 
examiner of all schools receiving public funds; he shall take oath and give 
bond; receive annually $1,500 for this special duty; have power to appoint 
two assistants; have additional allowance for traveling and clerk hire; 
assistants must give bond. State superintendent, as special inspector, through 
cqoperation of his assistants, shall inspect and examine into fiscal manage- 
ment of all school officials handling public funds; have access to records, 
issue process, compel attendance of witnesses and administer oaths; shall 
report violations of school law to State board of education. 

See also A (bl). State boards; A (c2). County officers; A (d), District 
boards and officers; A (f). Administrative units — districts, etc.; B (a). 
General State finance and support; E (b), Teachers' certificates, general; 
G (b), State normal schools; G (d). Teachers' institutes and summer schools; 
H (c), School year, month, day, etc.; H (g), Child labor; K (c). Uniformity 
of textbooks; P (c), State universities and colleges; S (b), Public-school 
libraries. 

Louisiana: State superintendent shall be elected by qualified voters of State; 
term, four years; salary, $5,000 per year. Powers and duties of superm- 
tendent: To make biennial report to legislature; keep records subject to in-, 
spection by governor; have general supervision of parish school boards and 
of all common, high, and normal schools; be ex officio member of board of 
J"— 15 1 



60 STATE LAWS RELATING TO PUBLIC EDUCATION. 

supervisors of State university and agricultural and mechanical college, 
State normal school, State industrial schools, State institute for deaf and 
dumb, State institute for blind, Southern University, and of all other insti- 
tutions of learning under control of State or aided in whole or in part by 
State; visit parishes and confer with parish superintendents; may appoint 
secretaries and clerks; report to State board of education any neglect of 
directors, superintendents, or teachers; hold annual conventions for parish 
superintendents and parish board members; give information required by 
school officers. Expenses of superintendent shall be allowed. Governor shall 
fill any vacancy in office of State superintendent. Attorney general shall give 
opinions relative to school laws when requested. 

All State boards and commissions and other public offices created by law, 
and all educational and eleemosynary institutions, including parish school 
boards, road and drainage districts, shall quarterly furnish fiscal statements 
and vouchers to supervisor of public accounts; said supervisor shall report 
findings to governor and to office investigated. 

See also A (bl), State boards; A (cl). County boards; A (c2). County 
officers; A (d), District boards and officers; E (b), Teachers' certificates, 
general; G (d). Teachers' institutes and summer schools; J (b). Medical In- 
spection; P (c). State universities and colleges; Q (b), Agricultural colleges; 
S (b), Public-school libraries. 

Maine : Governor, with consent of council, shall appoint a State superintendent 
of public schools; term, three years, or during pleasure of the executive. 
Duties: To have general supervision of all public schools; obtain and dissem- 
inate information about schools in other States and countries and give other 
useful educational information ; hold State educational convention once a 
year; encourage formation of county teachers' associations, approve rules 
therefor, and supervise conduct of meetings; have printed important parts 
of proceedings of State teachers' conventions; have school laws printed 
biennially after adjournment of legislature, and issue circulars of informa- 
tion ; prescribe studies for common schools, reserving to school committees 
the right to prescribe additional studies ; furnish school officers of towns with 
proper blank books for keeping records ; assume control of free public schools 
established by gifts and bequests when such gifts and bequests are so con- 
ditioned; perform all duties imposed upon him by any charters granted by 
legislature; report annually to governor and council; prepare and furnish 
to town officers necessary blanks for making required financial reports, which 
reports must be made or State funds shall be withheld; have printed blank 
forms for all other returns required and furnish them to towns ; notify towns 
whose returns are not received ; ascertain on July 1 number of children 5 to 
21 years old, and report to State treasurer. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc.; B (e), State aid for elementary education; C (c). Local taxa- 
tion; E (b), Teachers' certificates, general; F (c), Teachers' pensions; G (b), 
State normal schools; G (d). Teachers' institutes and summer schools; H (g), 
Child labor; L (i), Manual and industrial education; N (a), High schools; 
O (a), Industrial education, general; P (c), State universities and colleges. 

Maryland: Governor, with advice and consent of senate, shall appoint a super- 
intendent of public instruction, who shall serve four years ; shall be ex officio 
a member of the State board of education ; he may be removed ; shall have a 
salary fixed by State board not to exceed $3,000, with an allowance of $500 
for traveling expenses and $1,000 for stationery, office fixtures, and supplies ; 
shall cause to be printed and distributed to public-school teachers a pamphlet 



A (b2). STATE OFFICEES. 51 

on observation of Arbor Day, a teachers' manual of institute work, the pro- 
ceedings of the Maryland State Teachers' Association, and other circulars; 
State board shall approve expenditures; State superintendent shall appoint 
a clerk, who shall act as clerk of the board and be paid a salary not to ex- 
ceed $1,200. Duties of superintendent: Shall inform himself and State board 
as to conditions of public schools throughout the State ; diffuse information ; 
receive and present to State board reports of various county boards ; examine 
their statements of expenditures; indorse such normal-school diplomas from 
other States as he may think proper; arrange dates for teachers' meetings; 
assist county superintendent in preparation of program for county institute 
and attend same when possible and give instruction; conserve the interests 
and promote the efficiency of public schools and is the secretary of the board ; 
State superintendent shall, subject to confirmation by the board, appoint an 
assistant State superintendent, at salary of $2,000, who shall act for and in 
place of State superintendent in such branches of his office and field work as 
may be intrusted to him ; subject to removal by the State superintendent. 

( State board provides in its by-laws that State superintendent shall inspect 
annually the high schools of the State, furnish a list of accredited high 
schools, with suggestions as to their improvement; supervise and inspect 
work of the manual-training, agricultural, industrial, and commercial depart- 
ments of approved high schools; collect statistics. When secretary to State 
board of education is designateci to act as treasurer he shall give bond, pay 
by check, and indicate source of each item of income.) 

See also E (b). Teachers' certificates, general; G (d), Teachers' institutes 
and summer schools; J (b). Medical inspection; N (a), High schools; O (a), 
Industrial education, general; P (c), State universities and colleges; S (b), 
Public-school libraries. 

Massachusetts: The State board of education shall appoint a commissioner of 
education for a term of five years, and may fix his salary at a sum approved 
by the governor and council ; said commissioner may be removed from office 
by vote of six members of board. Duties and powers: To be executive officer 
of board ; supervise all educational work supported in whole or in part by the 
State; report on the same to the board; may, when authorized by board, 
approve bills for expenditures from appropriations and funds placed under 
the direction of the board ; collect and distribute information relative to pub- 
lic schools and the best system of studies and best method of instruction; 
visit different parts of the State in interest of education ; collect such school- 
books, apparatus, maps, and charts as may be obtained without cost ; publish 
parts of annual report of board, the expense thereof to be paid out of con- 
tingent expenses of board and not to exceed $500 in any one year; attend 
teachers' meetings. The powers, duties, salaries, and terms of two deputy 
commissioners shall be as determined by the board. 

See also A (bl), State boards; A (d), District boards and officers; B (c), 
Permanent State school funds; F (c). Teachers' pensions; Q (b). Agricul- 
tural colleges; T (c), Schools for the blind. 

Michigan: A State superintendent of public instruction shall be elected at each 
biennial election; salary, $4,000. He shall have general supervision of in- 
struction in all public schools and in all State institutions that are educa- 
tional in their character. He shall be a graduate of a university, college, 

. or normal school of good standing and shall have had at least five years' 
experience as a teacher or superintendent of schools. He shall be a mem- 
ber of all boards having control of instruction in State institutions, with 



52 STATE LAWS RELATING TO PUBLIC EDUCATION. 

the right to speak but not to vote. Duties: To visit State educational insti- 
tutions and meet with their governing bodies; direct the supervision of 
county normal training classes; require all boards of education to observe 
the laws relating to schools; examine and audit the records and accounts 
of any school district and require corrections thereof, require all school 
districts to provide educational facilities for all children resident therein 
for at least the statutory period; make annual report to the governor show- 
ing educational conditions of the State, including State institutions; appoint 
time and place for a teachers' institute and for institutes in the several 
counties and make rules for their management; request the governor to 
remove for cause any county commissioner of schools or member of the 
board of school examiners; remove from office for cause any member of any 
school board except of city school districts, but any person so removed may 
appeal to a court of competent jurisdiction; do all things necessary to 
promote the general welfare of the public schools. Said State superintendent 
may appoint at a salary of $2,500 annully a deputy superintendent who shall 
have same qualifications as State superintendent; he may also appoint an 
assistant superintendent at a salary of $1,800 annually; superintendent may 
remove either of said officers in his discretion. State superintendent may pre- 
pare and have printed rules governing township and district libraries; he 
shall prepare a course of study which shall be pursued in all the district 
schools, except in city school districts; jvith the cooperation of the State 
librarian, he shall prepare at least every two years lists of books suitable for 
township and district libraries and furnish copies of the same to township and 
district school officers, except for city school libraries and high-school libra- 
ries, and such officers shall select and purchase books from such lists for their 
respective libraries. He shall annually apportion the primary school interest 
fund to the several townships and cities in proportion to the number of chil- 
dren in each between 5 and 21 years old. In case of defective returns from any 
county, township, city, or district, superintendent may apportion fund on best 
evidence obtainable ; when any county, township, city, or district shall fail to 
receive its share of the fund, superintendent shall, upon satisfactory proof 
that said county, township, city, or district is entitled to the same, apportion 
such deficiency in his next apportionment. 

See also A (bl), State boards; A (c2), County officers; A (d). District 
boards and officers; A (f). Administrative units — districts, etc.; G (c). County 
and local normal school; G (d), Teachers' institutes and summer schools; 
K (c), Uniformity of textbooks; M (b), Kindergartens; O (b). Agricultural 
schools; P (c), State universities and colleges; Q (b), Agricultural colleges; 
R (b), Corporations of educational character^ S (b), Public-school libraries; 
T (b), Schools for the deaf. 

Minnesota: Superintendent of education shall be appointed by the governor, 
by and with advice and consent of the senate, for term of four years; said 
superintendent shall appoint a deputy, who shall perform his duties when 
absent or disabled, and three other assistants, a rural school commissioner, 
and supervisor of school libraries, and may employ other necessary clerks 
and assistants and fix their compensation not to exceed appropriation there- 
for; superintendent and appointees shall receive necessary expenses for trav- 
eling and other incidental expenses incurred in performance of official duties, 
to be paid from contingent fund or from appropriation made for purpose. 
State superintendent shall exercise general supervision over public schools 
and public education agencies; prescribe rules for the several classes of 
public schools receiving special State aid; classify and standardize rural and 



A (b2). STATE OFFICERS. 53 

Other public schools and prepare for them outlines asd suggestive courses ot 
study; issue certificates to teachers and supervisors; confer with the various 
school officials; make annual report to legislature through the governor in 
even-numbered years ; prepare uniform system of records for public schools ; 
require reports from county and other superintendents and pincipals of 
schools, teachers, school officers, and chief officers of public and other educa- 
tional institutions; establish a uniform system of accounting for public- 
school officers; prescribe rules and examine all plans and specifications for 
school buildings, which plans and specifications shall first be approved by 
him before contract is let ; make rules for sanitary regulation ; may condemn 
buildings and sites which are unfit or unsafe ; shall proclaim annual " Minne- 
sota Day," which shall be observed by public schools with appropriate exer- 
cises. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; B (e), State aid for elementary education; E (b), Teachers' 
certificates, general; G (b), State normal schools; H (f), Compulsory at- 
tendance; K (c). Uniformity of textbooks; N (a), High schools; P (c), 
State universities and colleges. 

Mississippi: Superintendent of public education shall require annually, or 
oftener, detailed reports from county superintendents; shall prepare and 
furnish them blanks of all sorts and questions for examination of teachers; 
shall print school laws and forms; may meet county superintendents to 
accumulate facts, compare views, discuss principles, hear suggestions on 
qualifications of teachers, methods of instruction, textbooks, institutes, etc. ; 
he shall on request of county superintendent give his opinion on any written 
statement of fact and shall advise them on welfare of schools. He shall keep 
his office in the capitol, give bond, and have a seal; he shall have general 
supervision of free public schools, and may prescribe rules and regulations; 
shall preserve in his office school documents, books, pamphlets, etc., for use of 
the office; shall apportion semiannually the common-school fund to the coun- 
ties and separate school districts according to the number of educable 
children and furnish the auditor with same; shall not act as agent for any 
author, publisher, or bookseller; shall print a biennial report with statistics 
of receipts and disbursements, pupils, etc., the condition of normal and higher 
institutions, of private institutions, and of general information ; the biennial 
report shall be for the two years " ending 30th day of June next preceding the 
legislative session " and shall be printed and distributed by December 1 fol- 
lowing. This provision applies to " each and every educational, eleemosynary, 
and other institutions supported in whole or in part by the State " except 
the insurance, treasury, and auditing departments. Superintendent elected 
by vote of the people ; term, four years ; salary, $2,500. 

See also A (bl). State boards; A (c2). County officers; B (b). State school 
lands; E (b), Teachers' certificates, general; G (b), State normal schools; 
H (b). School census; K (c), Uniformity of textbooks; N (a). High schools; 
P (c). State universities and colleges; Q (b). Agricultural colleges. 

Missouri: A State superintendent of public schools shall be elected by the 
qualified voters at the general election ; term, four years ; salaiy, $3,000 ; gov- 
ernor shall fill vacancy by appointment until next general election. He shall 
give bond in the penal sum of $10,000. Powers and duties: To reside and keep 
his office at the seat of government; exercise supervision over the educa- 
tional funds of the State; may require of school officers copies of records 
which they are required to make and also other information relating to the 
funds and condition of schools ; shall cause school laws and necessary blanks 



64 STATE LAWS RELATING TO PUBLIC EDUCATION. 

to be printed and distributed to each county for the use of school officers; 
shall have power to examine teachers and grant certificates and revoke the 
same for cause, but shall require no fee or receive no compensation therefor. 
He may apiwint a chief clerk at a salary of $2,000 per annum. He shall 
report annually to the governor and to the legislature when in session ; he 
shall in person or by deputy advise county officers on matters pertaining to 
the school law; he may visit and inspect schools and make suggestions 
relating thereto; he may visit and assist in teachers' and other educational 
meetings. Said superintendent may classify the public high schools. First 
class must maintain a four-year course in English, mathematics, science, and 
history for at least nine months each year, and must employ at least three 
approved teachers for their entire time; second class must maintain a three- 
year course for nine months each year and employ at least two teachers for 
their entire time; third class must maintain a two-year course for eight 
months and employ at least one teacher for entire time. All work completed 
in an accredited high school shall receive full credit for entrance and classifi- 
cation in any educational institution supported wholly or in part by the State. 
Sui^erintendent shall in person or by deputy visit and inspect high schools 
for the purpose of classification. He shall not act as agent for textbooks, 
furniture, equipment, or supplies, and shall receive no gift or reward for his 
influence in the sale of the same. State educational institutions, except the 
school for the blind and the school for the deaf, shall report to the State 
superintendent and their reports shall be incorporated in the superintendent's 
annual report. 

See also A (bl), State boards; A (c2). County officers; A (f), Adminis- 
trative units — districts, etc.; C (a), Local finance and support, general; 
E (b), Teachers' certificates, general; G (b), State normal schools; G (c), 
County and local normal schools; K (c), Uniformity of textbooks; N (a), 
High schools; Q (b). Agricultural colleges; S (b), Public-school libraries. 

Montana : A State superintendent of public instruction shall be elected by quali- 
fied electors for term of four years; he shall have attained the age of 30, 
have resided in the State two years, and be the holder of a State certificate 
recognized by State board of education or be a graduate of some university, 
college, or normal school recognized by said board. Salary, $3,000 and 
traveling expenses not to exceed $2,000. General powers: To have general 
sui)ervision of public schools; appoint a deputy at salary of $2,100; rural- 
school inspector at salary of $2,100; and two clerks at $1,200 each. Duties: 
To preserve books, reports, plans for schoolhouses, etc., which are of educa- 
tional interest; furnish to school officers all necessary registers, blanks, etc., 
and copies of school laws ; have school laws printed at least once in four years ; 
report biennially preceding session of legislature; have report printed and 
distributed to officers, libraries, etc. ; prepare or cause to be prepared a course 
of study for the public schools ; prepare, with approval of State board, rules 
for teachers' institutes and summer schools; prepare lists of instructors 
from which county superintendents shall select for institutes and summer 
schools ; counsel with county superintendents and decide api)eals from them ; 
prepare, with approval of State board, all questions for examination of 
teachers; apportion State school fund among counties in proportion to 
number of children of school age; prepare lists of books suitable for school 
libraries and prescribe rules for the conduct of such libraries. State superin- 
tendent may issue temporary State teachers' certificates. 

See also A (bl). State boards; A (c2). County officers; A (d), District 
boards and officers; D (a), Buildings and sites, general; E (b). Teachers' 



A (b2). STATE OFFICERS. 55 

certificates, general; F (a), Teachers' contracts, duties, etc.; G (d), Teachers' 
institutes and summer schools; K (c), Uniformity of textbooks; O (a), 
Industrial education, general; S (b), Public-school libraries. 

Nebraska: Books and papers of State superintendent shall at all times be sub- 
ject to examination by governor, or auditor, or a committee from either 
branch of legislature. State superintendent shall organize teachers' insti- 
tutes and attend as far as practicable such institutes; visit schools and 
advise with teachers and school officers; decide disputed points in school 
law; prescribe forms for reports and make regulations for proceedings; 
publish school laws; make annual report to governor; cause his report to 
be printed and distributed to members of legislature and to county and 
city superintendents and to State superintendents of other States; semi- 
annually apportion school funds ; may appoint a deputy State superintendent, 
who shall receive $1,800 per year. 

See also A (bl), State boards; A (c2), County officers; A (e), School 
meetings, elections, etc.; B (e), State aid for elementary education; E (b). 
Teachers' certificates, general; G (b). State normal schools; G (c). County 
and local normal schools; G (d). Teachers' institutes and summer schools; 
H (f), Compulsory attendance; K (b). Free textbooks; N (a). High schools. 

Nevada: The superintendent of public instruction shall be elected by the quali- 
fied electors of the State at the same time and in the same manner as the 
governor is elected; term, four years; salary, $3,600. Powers and duties: 
To visit each county at least once every year to conduct institutes, visit 
schools, and address public assemblies; apportion State funds; apportion 
county funds among districts; make biennial report to governor; prescribe 
rules and to prepare blank reports for schools ; convene State teachers' insti- 
tute in even-numbered years, and five district institutes in odd-numbered 
years ; engage institute teachers and lecturers, institutes to continue not less 
than 4 nor more than 10 days; issue orders against State general fund for 
Institute expenses, same not to be more than $500 for State and $250 for 
district institutes; require, except for good cause, attendance of teachers 
at institutes without loss of salary for time thus spent; call, with approval 
of county commissioners, county institutes, expenses of which shall not 
exceed $100, paid out of county general fund; call meetings of State board; 
require quarterly reports from deputy superintendents; have printing done 
at State printing office; arrange and supply blank forms and teachers' reg- 
isters; employ stenographic clerk at salary of $1,200 per year, payable out 
of State treasury ; serve as curator of State museum.. 

There shall be five educational supervision districts. State board of edu- 
cation shall appoint five deputy superintendents, who shall be residents in 
districts where appointed; term, four years. Deputy superintendents shall 
devote entire time to supervision ; shall hold teacher's certificate of high-school 
grade ; shall have had no less than 45 months' experience in teaching^ at least 
20 months' in Nevada. Duties of each deputy superintendent: To visit each 
school in district at least twice a year ; examine records and observe work 
of schools; advise with teachers; inspect buildings and equipment; confer 
with trustees and county officers as to needs of schools ; hold teachers' meet- 
ings ; assist at institutes ; act as deputy examiner at teachers' examinations ; 
be member of board of educational examiners; aid in preparing courses of 
study; attend meetings of State board; file with county auditors directories 
of bona fide teachers ; investigate protested school orders and instruct county 
auditors in reference thereto; suspend certificates of teachers failing to at- 



56 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tend institutes without satisfactory excuse; suspend certificates for cause; 
inspect records of school trustees; grade and classify schools; appoint dis- 
trict trustees when voters fail to elect Compensation of each deputy super- 
intendent shall be $2,000 per year, paid out of the general State fund, as are 
salaries of other State officers; traveling expenses not to exceed $800 per 
year and office exipenses not to exceed $350 per year shall be paid out of gen- 
eral State fund. State superintendent shall confer upon deputy superintend- 
ents such power to act in his name as he sees fit. The State board, upon recom- 
mendation by State superintendent, may remove any deputy superintendent 
for cause. 

See also A (bl), State boards; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; B (a), General State finance and sup- 
port; E (b), Teachers' certificates, general; H (b), School census; K (c). 
Uniformity of textbooks; L (a), Course of study; P (c), State universities 
and colleges; S (b). Public-school libraries; T (b), Schools for the deaf; 
T (e), Schools for feeble-minded. 

New Hampshire : State superintendent of public instruction shall have general 
supervision and control of educational interests of State; shall be ap- 
pointed by governor, with advice of the council, and may be dismissed at 
any time by governor and council ; salary shall be fixed by governor and 
council, not to exceed $4,000 per year. State superintendent may appoint 
three deputies, at least one of whom shall be a woman; salary of each 
deputy shall be fixed by governor and council, not exceeding $2,500 annually 
and necessary traveling expenses. Deputies shall assist school officials in 
the introduction and development of vocational branches, in improvement 
of school buildings and equipment, the transportation of pupils, and other 
educational matters. State superintendent shall prescribe and distribute 
teachers' registers and report blanks; receive or distribute educational 
documents; receive reports of school boards; see that the law in reference 
to teaching physiology and hygiene is properly enforced; make a biennial 
report ; may, at close of each biennial session of the legislature, have com- 
piled and issued an edition of the school laws not exceeding 2,000 copies; 
visit and lecture upon educational subjects; organize, superintend, and hold 
at least one teachers' institute in each county each year ; may appoint the 
principal of the State normal school or some other suitable person to hold 
any institute. State treasurer shall invest as a permanent institute fund 
proceeds of State lands; income thereof shall be set apart for support of 
teachers' institutes. Expenses of teachers' institutes, as paid by State superin- 
tendent out of institute fund, shall be annually audited by the governor and 
council. State superintendent shall make annual report of institutes and 
expenses thereof, and shall forward copy of same to chairman of every 
school board in State. 

See also A (d). District boards and officers; A (e), School meetings, elec- 
tions, etc.; G (b), State normal schools; H (f), Compulsory attendance; 
J (b), Medical inspection; N (a). High schools. 

New Jersey: Commissioner of education shall be appointed by governor, with 
advice and consent of senate; term five years, salary $10,000 per year; com- 
missioner shall be selected regardless of State of residence. Duties of com- 
missioner, with advice and consent of State board of education, shall be : To 
designate secretary of State board; to appoint, with advice and consent of 
State board, four assistant commissioners of education, salary of each to 
be $4,500 per year; to designate one of such assistants to act as supervisor 



A (b2). STATE OFFICERS. 67 

of secondary education, one to act as supervisor of elementary education, 
one to act as supervisor of industrial education, and one to hear controver- 
sies and disputes arising under school laws or the rules and regulations of 
State board or of commissioner of education ; to ascertain efficiency of public 
schools by tests and examination, or otherwise, and report findings to State 
board; to prescribe minimum course of study for elementary and secondary 
schools; to prescribe method of ascertaining what children are three years 
or more below normal ; to hold annual meetings of city and county superin- 
tendents; to direct withholding of funds from district that refuses or neg- 
lects to abide by school laws or rules; to report monthly to State board. 
Said commissioner shall be one of trustees of school fund. Said commissioner 
and each of his assistants may administer oaths and compel attendance of 
witnesses. Suitable office and expenses therefor shall be provided for said 
commissioner at State capitol. Said commissioner may appoint and fix 
salaries of employees of his office, salaries to be within limits set by legisla- 
ture. Additional duties of commissioner: To be secretary of State board 
and a member, ex officio, of all boards of examiners; supervise all schools 
receiving any part of State appropriation; instruct county and city superin- 
tendents as to their duties; decide, subject to appeal to State board, contro- 
versies and disputes arising under school law and rules of said board; keep 
record of official acts ; fill vacancy in office of county superintendent, subject to 
approval of State board; for good cause, withhold salaries of teachers and 
school officials; apportion State school fund to the several counties on basis 
of aggregate number of days' attendance of pupils during preceding year, and 
shall certify apportionment to county superintendents, county collectors, and 
to State comptroller; prepare and cause to be printed forms for school re- 
ports; make annual report to State board. Head of each public and of each 
private educational institution shall make annual report to said commis- 
sioner, but fiscal report shall not be required of private schools, and reports 
of private schools shall not be published. 

See also A (bl). State boards; A (c2). County officers; A (f), Adminis- 
trative units — districts, etc.; B (a). General State finance and support; 
B (d). State taxation for school purposes; C (a), Local finance and support 
general; D (a). Buildings and sites, general; E (b), Teachers' certificates, 
general; F (a), Teachers' contracts, duties, etc.; F (c), Teachers' pensions; 
G (d). Teachers' institutes and summer schools; H (d), School holidays; H 
(f), Compulsory attendance; H (g). Child labor; L (1), Other special sub- 
jects; M (c). Evening schools; O (a). Industrial education, general; Q (f), 
Other technical and professional schools; T (c), Schools for the blind. 

New Mexico: State superintendent of public instruction shall be elected for 
term of four years ; shall be a citizen of the United States, at least 30 years 
old, resident of New Mexico at least five years, and a trained and experienced' 
educator; salary of said superintendent shall be $3,000 per year. Powers and 
duties: To have general supervision of public education; visit State institu- 
tions and meet with boards of such institutions at least once a year; have 
supervision over rural schools, acting through county superintendents; have 
such supervision over city, town, and village schools as shall be necessary in 
harmonizing and systematizing reports and in securing uniform operation of 
the public-school system; have supervision over the records and accounts of 
any school district; may suspend county superintendent and institute, or 
cause to be instituted, proceedings against county superintendents not possess- 
ing required qualifications ; give opinion on school laws ; visit each county for 
purpose of holding teachers' meetings, advising with school officials, and 



58 STATE LAWS RELATING TO PUBLIC EDUCATION. 

awakening interest in the cause of education ; file official reports ; cause to be 
prepared in English and Spanish blanks and forms; cause to be published 
copies of school laws ; prepare and furnish programs for Lincoln Day ; prepare 
a program for a uniform salute to the flag ; publish annually a report of all 
schools in the State ; be secretary of State board of education. Office of State 
superintendent shall be at the seat of government. State superintendent may 
issue temporary permits to teachers. State superintendent shall make appor- 
tionment of current school fund among the several counties pro rata according 
to the enumeration of children of school age in each county, and shall certify 
apportionment for each county to the Sltate treasurer and auditor and to the 
treasurer and superintendent in each county, and said auditor shall draw his 
warrants on State treasurer in favor of county treasurers; such money shall 
become a part of the general school fund and shall be apportioned as other 
moneys in said fund. Whenever the income of a school district is not suffi- 
cient to maintain a school for the full term of five months, the State superin- 
tendent shall, upon evidence of such fact being presented by the county superin- 
tendent, make requisition upon the reserve school fund through the State 
auditor in favor of treasurer of said county for said district for amount 
necessary to maintain said school for five months; no more than $300 shall 
be expended per schoolroom for such purpose, a schoolroom to represent 50 
children or fraction thereof. The State superintendent shall appoint a State 
director of industrial education and prescribe his duties. 

See also A (bl). State boards; A (c2). County officers; A (d), District 
boards and officers; B (a). General State finance and support; E (b), Teach- 
ers' certificates, general; G (d). Teachers' institutes and summer schools; 
H (d). School holidays; H (f). Compulsory attendance; P (c). State uni- 
versities and colleges; Q (b), Agricultural colleges; Q (d), Mining schools. 

New York: The commissioner of education shall be elected by a majority vote 
of the regents, salary $10,000 per year and $1,000 for expenses ; to serve dur- 
ing pleasure of the board of regents ; said commissioner may be elected from 
within or without the State. General powers and duties: To be chief execu- 
tive officer of State system of education and of board of regents ; have super- 
vision over all schools and institutions subject to the provisions of this act; 
be ex officio a trustee of Cornell University; be responsible for property in 
charge of regents, and for administration and discipline of offices and divi- 
sions of education department ; annul, for cause, any certificate or diploma ; 
keep record of all certificates and diplomas issued by State normal schools; 
prepare forms for reports and distribute same to school officers; administer 
oaths and take affidavits; furnish, by means of pictorial or graphic repre- 
sentations, additional facilities for instruction in certain subjects ; have such 
other powers and duties as regents may determine. Said commissioner may, 
upon proof and for good cause, remove any school officer from office; may 
withhold from any city or district its share of public money for willfully dis- 
obeying law ; may institute legal proceedings to enforce education law. The 
schools of every union free-school district and of every city shall be subject 
to the visitation and supervision of said commissioner. All school officers 
shall make such reports as said commissioner may require. 

Any person conceiving himself aggrieved may appeal or petition to commis- 
sioner of education, who shall examine and decide the same; action of said 
commissioner shall be final and not subject to review by the courts. Such 
action may be taken in consequence of any action by school district meeting; 
by any school officer relative to forming or altering a district or in refusing 
to apportion school moneys ; by a supervisor in refusing to pay school moneys 



A (b2). STATE OFFICERS. ' 59 

to a district; by trustees of district in any official act; by trustees of any 
school library ; by any other act of any school authorities. 

See also A (bl), State boards,; A (d), District boards and officers; A (e), 
School meetings, elections, etc.; A (f), Administrative units — districts, etc.; 
B (a), General State finance and support; C (a). Local finance and support, 
general; C (c), Local taxation; D (a). Buildings and sites, general; E (b), 
Teachers' certificates, general; F (c). Teachers' pensions; G (b). State nor- 
mal schools; G (c). County and local normal schools; H (f). Compulsory 
attendance; H (g). Child labor; H (h). Separation of the races; J (b). Medi- 
cal inspection; L (j), Agriculture; L (k). Days of special observance; O (a). 
Industrial education, general; O (b). Agricultural schools; Q (b). Agricul- 
tural colleges; Q (f). Other technical and professional schools; S (b), Public- 
school libraries; T (b). Schools for the deaf. 

North Carolina: Elected by qualified voters; term, four years; salary, $3,000. 
Powers and duties: Shall publish school law annually; shall send to each 
school officer a circular enumerating his duties; shall have printed all 
forms necessary for carrying out the provisions of this chapter; may have 
educational bulletins issued and distributed; shall report biennially to 
governor; shall sign all requisitions on auditor for payment of school 
moneys; shall have general direction of the school system and enforcement 
of school law, all school officers being required to obey his instructions; 
shall see to enforcement of law creating a permanent loan fund for erection 
of schoolhouses. 

See also A (bl). State boards; A (cl). County boards; A (c2). County 
officers; C (a). Local finance and support, general; E (b), Teachers' certifi- 
cates, general; G (b). State normal schools; G (d). Teachers' institutes and 
summer schools; K (c). Uniformity of textbooks; N (a), High schools; 
O (b), Agricultural schools; P (c). State universities and colleges; T (e), 
Schools for feeble-minded. 

North Dakota: A superintendent of public Instruction shall be elected by the 
qualified voters of the State; term, two years; salary, $3,000. He shall be 
a qualified voter, over 25 years old, and holder of a teacher's certificate of 
the highest grade issued in the State. He shall have supervision of the 
public schools and be a member of board of university and school lands and 
of normal-school board. He shall prepare and furnish records, blanks, etc., 
for school officers and teachers; shall furnish lists of books suitable for 
school libraries; shall prescribe a course of study for the common schools; 
shall advise county superintendents and school boards of independent dis- 
tricts; shall decide appeals from county superintendents; shall convene any 
or all county superintendents at time and place designated by him ; shall 
prescribe rules and course of instruction for teachers' institutes and train- 
ing schools, and in consultation with county superintendents shall appoint 
conductors and assistants therefor; shall attend and assist in institutes 
when practicable. Further duties: To keep complete record of his official 
acts; provide and keep a seal; make a statistical and financial report in 
November preceding the biennial session of the legislature. There shall 
be printed 3,000 copies of such report. He shall publish the school laws 
every four years. He shall publish annually not exceeding 1,500 copies of 
the proceedings of the State educational association. He may appoint a 
deputy and an assistant. In all petitions and affidavits for the nomination 
of candidates for State superintendent and county superintendents no refer- 
ence shall be made to the party affiliation of candidates; at primary elec- 



60 " STATE LAWS RELATING TO PUBLIC EDUCATION. 

tion such officers shall be voted for on a separate " nonpartisan school 
ballot." 

See also A (bl), State boards; A (c2), County officers; A (d), District 
boards and officers; B (a), General State finance and support; B (e), State 
aid for elementary education; D (a), Buildings and sites, general; F (c), 
Teachers' pensions; G (b), State normal schools; G (d), Teachers' Institutes 
and summer schools; H (f), Compulsory attendance; K (b), Free textbooks. 

Ohio: There shall be a superintendent of public instruction, who shall be ap- 
pointed by the governor; term, four years; salary, $4,000 per year. No 
person who is interested financially or otherwise in any book-publishing 
or book-selling company shall be eligible for office of State superintendent. 
The said superintendent may employ necessary clerks, stenographers, and 
assistants for his office, and fix their compensation, with approval of 
governor. State superintendent shall give bond in sum of $5,000. Duties 
and poivers: To give attendance at his office not less than 10 months each 
year, except when absent on official duty; visit each judicial district each 
year; superintend teachers' institutes; confer with boards of education and 
other school officers; visit schools and deliver educational lectures; collate 
school laws, and provide an appendix of forms for their execution, and dis- 
tribute the same for use of school officers; prescribe forms and regulations 
for reports, and transmit the same to school officers; issue a manual for 
arbor-day exercises, and transmit same to teachers; require annual reports 
of private schools ; make annual report to the governor ; have supervision over 
school funds of State; require copies of reports made by treasurers of 
counties, boards of education, clerks and treasurers of such boards, and other 
local school officers, and may require of such officers any other information 
relative to schools and school funds. In any case where fraudulent use of 
school funds is suspected, three taxpayers of the school district may make 
complaint in writing, verify it by affidavits of at least three such taxpayers, 
with the certificate of county auditor attached, and file such complaint with 
the State superintendent ; upon receipt of such complaint said superintendent 
shall appoint an examiner, who shall be sworn, to make investigation of 
such complaint; the examiner shall have access to all papers relative to 
subject of investigation; upon completion of investigation, examiner shall 
file one copy of his report with clerk of court of common pleas of the county 
and transmit another copy to State superintendent ; examiner shall receive $5 
for each day actually engaged in investigation and 5 cents mileage, the same 
to be paid from the county treasury; if complaint be sustained, the school 
district shall be taxed for such compensation. If it shall appear that 
fraudulent use of school moneys has been made, the judge of the county 
court of common pleas shall report the same to the grand jury; the prose- 
cuting attorney of the county shall prosecute proceedings against the de- 
linquent officer or officers. Further duties: Appoints high-school inspectors, 
members of the State board of school examiners, and supervisors of agri- 
cultural education; approves applications for State aid to standardized 
schools and approves rules and regulations of the county board of school 
examiners ; calls the high-school inspectors for conference ; countersigns all 
State certificates; directs the writing of the county examination questions; 
furnishes the certificates of promotion to elementary-school graduates; fur- 
nishes placards for standardized schools; gives auditor of State abstract of 
enumeration of unmarried youth between the ages of 6 and 21; issues pro- 
visional certificates and renews professional certificates; maps out agri- 
cultural districts; prescribes instructors for county normal schools; receives 



A (b2). STATE OFFICERS. 61 

applications for county normal schools; receives reports of tlie county, city, 
and State boards of school examiners. 

See also A (bl), State boards; A (cl), County boards; A (f), Adminis- 
trative units — districts, etc.; B (a), General State finance and support; 
E (b), Teachers' certificates, general; G (d). Teachers' institutes and sum- 
mer schools; L (e). Moral and ethical education; L (j), Agriculture; T (b). 
Schools for the deaf. 

Oklahoma: Educational interests of State shall be under control and manage- 
ment of State superintendent of public instruction; said superintendent 
shall give bond in sum of $5,000, and shall have ofiice at seat of government. 
Said superintendent shall certify semiannual apportionment of income of 
State school fund and annual taxes for school purposes to county superin- 
tendents; shall give written opinions relative to school laws upon request of 
school oflBcials ; shall, not more than once in two years, publish school laws, 
and shall prepare and distribute to county and city superintendents, who shall 
in turn distribute them to other school officials, all forms and blanks for 
educational purposes; shall make complete biennial report to governor pre- 
ceding each regular session of legislature; shall act upon any written com- 
plaint relative to immoral or illegal offenses committed by any instructor or 
school official. State superintendent shall be a male, not less than 30 years 
old, a citizen of United States, and a qualified elector of State for three 
years preceding his election; salary shall be $2,500 per year, and term of 
office four years. 

See also A (bl), State boards; A (c2), County officers; A (f). Adminis- 
trative units — districts, etc.; E (b), Teachers' certificates, general; G (d), 
Teachers' institutes and summer schools; K (c), Uniformity of textbooks; 
L (j), Agriculture. 

Oregon: A superintendent of public instruction shall be elected at the general 
election; term, four years; salary, $3,000. Duties: To exercise general super- 
intendence of county and district school officers and of the public schools; 
visit annually, as far as practicable, every county in the State; visit and 
assist in county institutes ; visit educational meetings outside the State when 
practicable; visit and inspect the principal schools of the State and keep 
statistics of the condition of the schools ; visit, when practicable, the chartered 
educational institutions of the State and secure statistical information there- 
from; distribute to county superintendents necessary blanks, registers, etc., 
for use of school officers and teachers; act as secretary of the State board 
of education and compile school laws ordered printed by said board; issue 
printed letters and circulars to school officers and teachers and to the general 
cause of education ; decide appeals from county superintendents arising under 
the school laws or rules and regulations of the State board of education, but 
he may submit questions so arising to said State board, and attorney general 
may be requested, and it shall be his duty, to give opinions ; cause to be held 
annually a State teachers' association; make out quarterly a statement of 
his traveling expenses, which shall not exceed $900 per annum. He shall 
biennially make a financial and statistical report to the legislature. The 
State superintendent may employ two assistants to travel throughout the 
State and promote instruction in agriculture, manual training, and home 
economics. 

See also A (bl), State boards; A (c2). County officers; A (d), District 
boards and officers; E (b). Teachers' certificates, general; F (a), Teachers' 
contracts, duties, etc.; G (c). County and local normal schools; G (d), Teach- 



.62 STATE LAWS RELATING TO PUBLIC EDUCATION. 

ers' institutes and summer schools; K (c), Uniformity of textbooks; L (a), 
Course of study; N (a), High schools; R (b), Corporations of educational 
character; S (b), Public-school libraries; T (b), Schools for the deaf. 

Pennsylvania: The superintendent of public instruction shall have supervision 

of all public schools. Further poicers and duties: Shall sign all orders on 
State treasurer for payment of State school funds to treasurers of school dis- 
tricts; shall prepare and furnish blank forms and instructions for annual dis- 
trict and other reports; shall submit a full annual report to the legislature; 
shall give information to school officers and citizens relative to school laws 
and other school matters when requested; shall classify high schools; shall 
have charge of department of public instruction seal ; shall appoint two dep- 
uty superintendents of public instruction, one expert assistant each in agri- 
cultural education, industrial education, drawing, and four inspectors of high 
schools and other schools, together with such other employees as shall be pro- 
vided by law ; shall issue commissions to superintendents and assistant super- 
intendents of schools ; shall fill vacancies occurring in office of county super- 
intendent until next regular election, giving consideration to recommendations 
of county directors' associations in reference thereto; shall prescribe mini- 
mum courses of study for public schools; shall prepare and furnish sample 
blank fotms for school accounts and bonds ; may give decisions and interpre- 
tations of school law, which shall be binding until reversed by proper judicial 
authority; may administer oaths relative to affairs of his office; may make 
valid for teaching in Pennsylvania permanent or life teachers' certificates 
from any other State ; may condemn any school property unfit for use, and to 
withhold and declare forfeited the annual appropriation for such school until 
such condition is remedied; may print at State expense his annual report. 
Salaries of State superintendent and of his appointees shall be as fixed by 
law, commensurate with the importance of duties and positions. Superinteud- 
ent shall be appointed by governor with consent of two-thirds of Senate ; term, 
four years. 

See also A (bl). State boards; A (c2), County officers; A (d). District 
boards and officers; A (f), Administrative units — districts, etc.; B (e), State 
aid for elementary education; E (b). Teachers' certificates, general; G (b), 
State normal schools; G (d), Teachers' institutes and summer schools; H (c), 
School year, month, day, etc.; H (f). Compulsory attendance; J (a), Health, 
general; J (b). Medical inspection; N (a), High schools; O (a). Industrial 
education, general; Q (b). Agricultural colleges; S (b), Public-school 
libraries; T (b), State officers; T (e). Schools for feeble-minded. 

Rhode Island: A commissioner of public schools shall be annually elected by 
State board of education; in case of temporary absence or disability gov- 
ernor may appoint a person to act as commissioner. Powers and duties of 
commissioner: To employ clerical assistance, not to exceed in cost $1,750 per 
year, payable out of State treasury; apportion school funds to cities and 
towns ; shall visit and inspect schools of State and advise with school officers, 
teachers, and parents ; under direction of State board of education, shall bring 
about uniformity of textbooks; assist in establishment of, and selection of 
books for, school libraries; prepare and distribute program of exercises for 
Arbor Day; make annual report to State board; prepare and furnish pro- 
gram of exercises for Grand Army Flag Day and for "Rhode Island Inde- 
pendence Day " ; with approval of State board, appoint assistant commis- 
sioner of public schools. State board shall fix salaries of commissioner and 
assistant commissioner of schools; for such purpose $7,000 shall be annually 
appropriated. 



A (b2). STATE OFFICERS. 63 

• Any person aggrieved by any decision or action of any school committee 
may appeal to commissioner of public schools, who shall decide the appeal 
without cost to the parties; no such aggrieved party shall, however, be 
denied any legal remedy; the commissioner of public schools may, and if 
requested shall, lay such appeal before a justice of the supreme court, whose 
decision shall be final ; said commissioner may prescribe rules for such cases 
so as to prevent appeals for trifling and frivolous causes. 

See also A (bl), State boards; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; B (e). State aid for elementary educa- 
tion; E (b). Teachers' certificates, general; G (b), State normal schools; 
H (e), Consolidation of districts, etc.; J (b). Medical inspection; Q (b). 
Agricultural colleges. 

South Carolina: A State superintendent of education shall be elected by the 
qualified voters; term, two years; salary, $1,900. Duties: To have' supervi- 
sion over all the public-school funds ; visit each county as often as practicable ; 
secure, with the advice of the State board of education, uniformity of text- 
books ; forbid the use of sectarian or partisan books ; prepare and furnish to 
county superintendents necessary blanks, etc., for school officials and teach- 
ers ; publish school laws of the State and furnish the same to county superin- 
tendents for distribution ; report annually to the governor, and all institutions 
of higher learning shall report annually to superintendent. A vacancy in the 
office of superintendent shall be filled by the governor with the consent of the 
senate. 

See also A (bl). State boards; A (f), Administrative units — districts, etc.; 
B (e), State aid for elementary education; H (c). School year, month, day, 
etc.; P (c). State universities and colleges; Q (e). Military schools; Q (f), 
Other technical and professional schools; R (b), Corporations of an educa- 
tional character ; T ( b ) , Schools for the deaf. 

South Dakota: A State superintendent of public instruction shall be elected 
by the qualified electors ; term, two years ; salary, $1,800. He shall have the 
general supervision of the county schools and high schools and of city and 
county superintendents. Duties: To meet the county superintendents in con- 
vention at least once each year; inspect, in person or by assistant, all high 
schools and may accredit them to higher institutions; render opinions to 
county superintendents regarding the school law and determine appeals from 
county superintendents on revocation of teachers' certificates; furnish blanks 
and forms to county superintendents; report biennially to the governor; 
attend teachers' institutes and prescribe rules for holding county normal insti- 
tutes ; prepare and send to county superintendents lists of institute conductors 
from which said superintendents must select; hold annually a meeting of 
institute conductors; hold at least twice each year examinations for State 
certificates and life diplomas; prepare all questions for the examination of 
teachers by the county superintendent. He may appoint a deputy. 

See also A (bl). State boards; A (c2), County officers; A (d). District 
boards and officers; A (f). Administrative units— districts, etc.; D (b), State 
aid, approval of plans; E (b). Teachers' certificates, general; E (f). Teachers' 
associations, reading circles; L (i), Manual and industrial education. 

Tennessee: State superintendent shall be a person of literary and scientific 
attainments and of skill and experience in teaching. He shall be nominated 
by governor and confirmed by senate; term, two years; salary, $3,000. He 
shall be a member and secretary and treasurer of the State board of educa- 
tion ; Ji§ §baU be a member of all other State educational bodies or associa- 



64 STATE LAWS EELATING TO PUBLIC EDUCATION. 

tions. Governor may remove superintendent for cause. Duties of superin- 
tendent: To collect and disseminate educational information; make tours of 
inspection of schools ; suspend schools and hold teachers' meeting one day in 
a year; execute school laws and regulations; prepare and distribute blanks 
for use of oflicers and teachers; have school laws printed and furnish to 
school oflacers; appoint, at his discretion, persons in each county to inspect 
schools and report to him, but no compensation shall be allowed for such 
services; require county superintendents to report annually, and he may re- 
quire special reports ; appoint some one to make report when county superin- 
tendent fails to do so, and deduct expense from such superintendent's salary; 
prescribe mode of examining and licensing teachers and their necessary 
qualifications; issue certificates to public-school teachers; report annually 
to comptroller the school census of each county ; make biennially a statistical 
report to governor. As secretary and treasurer of State board of educa- 
tion superintendent shall have supervision of the disbursement of all moneys 
appropriated for all normal schools and institute funds. As such secretary 
and treasurer he shall give bond for $10,000. 

See also A (bl), State boards; A (c2). County officers; B (a), General 
Stale finance and support; E (b), Teachers' certificates, general; F (a), 
Teachers' contracts, duties etc.; K (c), Uniformity of textbooks; L (a). 
Course of study; N (a). High schools; P (c). State universities and colleges. 

Texas: A State superintendent of public instruction shall be elected by vote of 
the people; term, two years; salary, $2,500; appeal shall lie from superin- 
tendent to State board of education. General duties: To administer school 
laws and supervise public schools generally ; hear and determine appeals from 
subordinate school officers, which determination shall be final unless reversed 
by State board; prescribe forms and blanks for school officers and teachers 
and transmit to them instructions, which shall be binding; examine and 
approve all accounts against school fund. He shall visit different sections 
of the State to address meetings, etc., and legislature shall appropriate for 
his expenses; he shall have school laws printed; he shall make biennial re- 
port to State board, which report governor shall lay before legislature; he 
shall require reports from school officers and teachers; he shall prorate 
monthly the available school fund to counties, cities, towns, and separate 
school districts. 

Comptroller shall keep account of available State school fund from every 
source and shall give estimate annually to State board of education; he 
shall on first working day of each month report to State superintendent 
amount received during previous month ; he shall make to legislature an esti- 
mate of school fund likely to be received during next biennium. 

State treasurer shall receive and hold all available school moneys and 
keep account of same; he shall before each meeting of the legislature report 
to governor the condition of permanent and available school fund ; such funds 
shall not be used for payment of any warrant against any other fund.. 

See also A (bl), State boards; A (c2), County officers; A (d), District 
boards and officers; C (b), Local bonds and indebtedness; E (b), Teachers' 
certificates, general; H (b), School census; K (c). Uniformity of textbooks; 
L (a), Course of study; N (a), High schools; T (b), Schools for the deaf. 

Utah: A State superintendent of public instruction shall be chosen by qualified 
electors; term, four years; salaiy, $3,000. Qualifications: Must have been 
a resident of State for preceding five years, be over 30 years old, and hold 
a certificate of the highest grade issued in some State or be a graduate of 
some reputable university, college, or normal school. He may appoint a 



A (b2). STATE OFFICERS. 65 

deputy to represent him at teachers' institutes, when himself unable to attend. 
Superintendent shall be charged with the administration of public instruc- 
tion in the State and with general superintendence of district schools and 
of school revenue. He shall apportion State district school fund to counties 
and to cities of first and second classes, but no apportionment shall be made 
to any county or city until report from the same has been received for the 
previous year, and no allowance shall be made for districts not having main- 
tained school 20 weeks in previous year. He shall furnish to proper officers 
blanks necessary for reports, also school registers, and shall have printed 
and furnished to such officers a summary of his opinions, and expenses shall be 
paid from school fund. He shall visit each" county at least once a year. 
His decisions regarding school law shall be final until set aside by a court 
of competent jurisdiction or by subsequent legislation. He shall report bien- 
nially to governor before each session of the legislature, and shall furnish 
to United States Commissioner of Education such information as may be 
required by him. He may annually call a convention of county and city 
superintendents, which it shall be their duty to attend at the expense of their 
respective counties and cities. 

See also A (bl), State boards; A (c2). County officers; A (f), Adminis- 
trative units — districts, etc.; B (a), General State finance and support; 
B (e), State aid for elementary education; E (b). Teachers' certificates, 
general; F (c), Teachers' pensions; G (d). Teachers' institutes and summer 
schools; K (c), Uniformity of textbooks; L (a), Course of study; P (c), 
State universities and colleges; U (e), Schools for dependents and delin- 
quents. ■ \ 

Vermont: Superintendent of education shall be appointed by State board of 
education; term, three years; salary, $2,000. Said superintendent shall de- 
vote his entire time to duties of his office, shall be executive officer of said 
board, shall have care and custody of all records of said board, shall have 
general supervision of schools, and shall make reports and recommendations 
to said board. Said superintendent may arrange for and conduct a summer 
school for teachers, to cost not more than $25 per day for not to exceed 10 
days in each county ; such school may be held for two or more counties, not to 
cost more than $50 per day. Said superintendent may hold educational meet- 
ings in the different towns of a county, not to exceed in cost $30 per day, 
and entire cost in county for same shall not in any year exceed amount paid 
for summer school in such county ; such expense shall be paid by the State. 
Sum of $200 shall be annually appropriated for employing speakers for State 
teachers' association or for publishing addresses and papers under direction 
of said superintendent. Said superintendent shall make biennial report to 
legislature ; may annually issue circulars of educational information at ex- 
pense of State, cost not to exceed $400 ; may prepare course of study for ele- 
mentary schools as requisite for admission to high schools and academies, 
and distribute same to teachers and school officers, to be a State charge. 

Superintendent of education shall prescribe forms for school records and 
for reports of teachers and school officers, and shall deliver the same to 
teachers and officers; teachers shall deliver school registers to school board 
at end of each term ; chairman of board shall draw order in favor of teacher 
for balance of salary upon approval of register ; chairman shall deliver such 
register to town or union superintendent, who shall add his report thereto 
and file same with town clerk. A clerk of a school board who knowingly 
makes a false statement relative to a teacher's certificate or teacher's register 
shall forfeit to town $100; town clerk shall make annual school report to 
3966°— 15 5 



66 STATE LAWS RELATING TO PUBLIC EDUCATION. 

superintendent of education; principals of academies shall make annual 
reports to superintendent of education; town clerk shall receive for services 
rendered to schools 3 cents for each legal pupil in the town, to amount to 
not less than $3 nor more than $20. 

See also A (bl), State boards; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; C (c). Local taxation; E (b), Teachers' 
certificates, general; F (c). Teachers' pensions; J (b), Medical inspection; 
L (a), Course of study; N (a). High schools; O (b), Agricultural -schools ; 
Q (e), Military schools; T (b). Schools for the deaf. 

Virginia: A State superintendent of public instruction, an experienced edu- 
cator, shall be elected by the qualified voters ; term, four years ; salary, $3,500 ; 
traveling expenses of not to exceed $800 per annum shall be paid; vacancy 
shall be filled for the unexpired term by the State board of education; he 
shall take oath of office and give bond for $10,000. He shall be a member of 
the board of visitors of the following institutions: University, Virginia Mili- 
tary Institute, Polytechnic Institute, Virginia Normal and Industrial Insti- 
tute, school for the deaf and blind, William and Mary College, and of State 
normal school board. He shall be president of the State board of education, 
which shall prescribe his duties. 

See also A (bl), State boards; A (d), District boards and officers; A (f). 
Administrative units — districts, etc.; B (a). General State finance and sup- 
port; C (b). Local bonds and indebtedness; G (b). State normal schools; 
G (d), Teachers' institutes and summer schools; H (g), Child labor; I (e). 
School fraternities; J (a). Health, general; O (a), Industrial education, gen- 
eral; P (c), State universities and colleges; Q (b), Agricultural colleges; 
T (b). Schools for the deaf. 

Washington: Superintendent of public instruction shall be elected by qualified 
electors of State; term, four years; salary, $3,000 per year. Powers and 
duties: To have supervision over public schools; make biennial report relative 
to public schools to governor prior to session of legislature ; prepare and have 
printed blanks, forms, registers, courses of study, rules and regulations for 
common schools, teachers' examination questions, and such other blanks and 
books as are needed for discharge of duties of teachers and school officers, 
and distribute the same to county superintendents ; attend educational meet- 
ings, visit schools, consult school officers; submit statement of traveling ex- 
penses to State auditor ; cause school laws and school forms to be printed and 
distributed to county superintendents; act as ex officio president of State 
board of education; hold, annually, a convention of county superintendents; 
properly file papers, reports, and documents received from school officers ; keep 
on file a directory of boards of regents and trustees of State educational insti- 
tutions, of faculties of said institutions, and of teachers holding certificates; 
issue certificates; keep record of business of his office, and of meetings of 
State board of education ; decide points of law submitted by county superin- 
tendents ; publish rulings and decisions, which decisions shall be final unless 
set aside by court of competent jurisdiction; administer oaths and affirma- 
tions; deliver to his successor records of his office; prepare a State manual 
of Washington; make certified copy of papers filed in his office and charge 
15 cents per folio, proceeds to be paid into State general fund ; perform such 
other duties as may be prescribed by law. Said superintendent may appoint 
one assistant superintendent of public instruction, who shall hold at least a 
first-grade certificate, a deputy superintendent of public instruction, who shall 
hold at least a first-grade certificate, and who shall also act as inspector of 



A (b2). STATE OFFICERS. 67 

schools; such clerical and other assistance as needed, when appropriations 
therefor have been made. 

See also A (bl), State boards; A (cl), County boards; A (c2), County- 
officers; A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; B (a), General State finance and support; B (e). State aid 
for elementary education; E (a), Certification of teachers, general; E (b), 
Teachers' certificates, general; E (d). Validity, indorsement, revocation, etc.; 
G (b), State normal schools; K (c). Uniformity of textbooks; L (a), Course 
of study; N (a). High schools; Q (b). Agricultural colleges; S (b), Public- 
school libraries. 

West Virginia: State superintendent of free schools shall be elected by the 
people; term, four years; salary, $4,000 per year. Said superintendent shall 
be of good moral character, temperate habits, literary acquirements, and skill 
and experience in art of teaching; shall receive expenses, not to exceed $500 
per year ; shall reside and keep his office at capital ; shall provide seal. 
Duties: To supervise all county and city superintendents; see that school 
system is carried into effect; prescribe and prepare forms and blanks and 
.transmit same to county superintendents, who in turn shall distribute same 
to school officers and teachers; make biennial report to governor preceding 
session of legislature ; interpret school law at request of any school official or 
teacher, such interpretation to remain valid until overruled by proper court. 

See also A (bl), State boards; A (c2), County officers; A (f), Administra- 
tive units — districts, etc.; B (a), General State finance and support; B (c), 
Permanent State school funds; E (b). Teachers' certificates, general; G (b), 
State normal schools; G (d). Teachers' institutes and summer schools; K (c), 
Uniformity of textbooks; L (a), Course of study; N (a), High schools; Q (b), 
Agricultural colleges; S (b), Public-school libraries. 

Wisconsin: No person shall be eligible to office of State superintendent of 
public instruction who has not had five years' experience in teaching or 
supervision of teaching, or who does not hold highest grade of certificate 
which State superintendent is empowered to issue. State superintendent may 
appoint an assistant superintendent, assistants and inspectors for rural 
schools, graded schools, industrial high schools, schools for deaf and blind, 
and for other schools ; also clerks, stenographers, and other employees ; may 
appoint persons to assist without pay other than for expenses in revising 
courses of study, in conducting annual conventions of superintendents, and 
in making investigations into needs and conditions of public schools. Said 
superintendent shall aid in establishment, maintenance, and control of school 
libraries. Said superintendent shall have general supervision over common 
schools. Duties: To ascertain conditions of public schools; stimulate interest 
in education; deliver addresses, distribute bulletins, and confer with school 
officers, teachers, and parents; prohibit use of sectarian books and sectarian 
instruction in public schools ; advise as to selection of library books, and pre- 
pare and distribute approved list of such books; attend educational meet- 
ings, investigate systems of common schools in United States, and report 
thereon to State legislature; stimulate interest in individual and commercial 
education ; exercise supervision over county schools of agriculture and domes- 
tic science, manual training schools, county training schools for teachers, and 
day schools for the deaf; publish school laws; prescribe rules for manage- 
ment of school libraries; prepare school forms and blanks; prepare courses 
of study for ungraded, State graded, free high schools, and day schools for 
the deaf; prepare and distribute matter for observancQ of Arbor and Bird 



68 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Day, and Memorial Day ; cause State printer to print all reports, pamphlets, 
and circulars of an educational nature ; examine and determine appeals made 
to him; collect educational works; purchase educational works and periodi- 
cals to cost not exceeding $250 per year ; apportion and distribute school-fund 
income; furnish copies of records; make report in each even-numbered year 
to governor; supervise teachers' institutes; hold at least one county super- 
intendents' convention annually; perform all other duties required by law. 
State superintendent shall have an office at the capitol ; may fix and prescribe 
a course of studies for commercial schools and colleges ; shall receive annual 
salary of $5,000 and traveling expenses. Said superintendent is elected by 
qualified electors; term, four years. 

See also A (cl). County boards; A (c2), County officers; A (d), District 
boards and officers; B (e), State aid for elementary education; E (b), 
Teachers' certificates, general; F (c). Teachers' pensions; G (b). State nor- 
mal schools; G (c), county and local normal schools; G (d), Teachers' in- 
stitutes and summer schools; H (b), School census; H (e). Consolidation of 
districts, etc. ; L (a), Course of study; N (a), High schools; O (a), Industrial 
education, general; 0(b), Agricultural schools; P (c), State universities and 
colleges; Q (d), Mining schools; R (b), Corporations of educational char- 
acter; S (b), Public-school libraries; T (b), Schools for the deaf. 

Wyoming: State superintendent of public instruction shall be elected by vote 
of the people; term, four years; salary, $3,000 per annum. General duties: 
To file all reports and public documents transmitted to him and keep a record 
of official matters ; have general supervision of district schools ; furnish to 
school officers necessary blanks; make rules and regulations necessary to 
put school laws into effect. He shall annually apportion State school land 
income fund to counties on basis of school population, and county shall 
distribute such fund pro rata to districts, but no State fund shall be distrib- 
uted to a district not maintaining a school at least three months. Attorney 
general shall be legal adviser of State superintendent and other State 
officers. Misdemeanor for a State officer to create expense in excess of con- 
tingent fund provided by law. Every fiscal officer of the State shall report 
annually to the governor; every officer other than fiscal shall report bi- 
enially to governor. Superintendent may appoint a deputy at a salary of 
$1,500 per annum. No public officer shall be interested in any contract 
upon which he may be called to act or vote. 

State treasurer shall receive and be custodian of any money accruing to 
public schools from the United States or other source or authority. 

See also A (bl), State boards; A (c2), County officers; A (f), Adminis- 
trative units — districts, etc.; E (b). Teachers' certificates, general; K (b), 
Free textbooks; L (a), Course of study; P (c). State universities and 
colleges. 



A (b3). State Inspection of Schools. 

See also N (b). High-school inspection. 

California: See A (b2), State officers. 

Florida: Two rural school inspectors shall be appointed by the governor on 
nomination of superintendent of public instruction ; such inspectors shall 
work under the direction of said superintendent; salary, $2,000 each and 
$1,250 annually is allowed each for traveling expenses. 

Georgia: See A (b2), State officers, 



A (Cl). COUKTY BOARDS. 69 

Indiana: See O (a), Industrial education, general. 

Iowa: See A (b2), State officers. 

Kentucky: See A (b2), State officers. 

Louisiana: See A (bl), State boards. 

Maine: See B (e), State aid for elementary education. 

Minnesota: See A (b2), State officers; N (a), High schools. 

Montana: See A (b2), State officers. 

Nevada: See A (b2), State officers. 

New Jersey: See A (b2), State officers. 

New York: See A (b2), State officers. 

North Dakota: See A (bl), State boards; B (e), State aid for elementary 
education. 

Ohio: See A (b2), State officers; L (j), Agriculture; T (b), Schools for the 
deaf. 

Oklahoma: See A (bl), State boards; L (j), Agriculture. 

Rhode Island: See A (b2), State officers; A (d), District boards and offi- 
cers; C (c). Local taxation. 

Tennessee: See A (b2), State officers. 

Washington: See A (b2). State officers. 

Wisconsin: See A (b2), State officers; A (d), District boards and officers; 
B (e), State aid for elementary education. 



A ( cl ) . County Boards. 

Alabama: Composition: County superintendent ex officio and four members 
elected at meeting of chairmen of district boards; term, four years; county 
superintendent is executive officer of board ; no district trustee is eligible to 
membership ; not more than one teacher can be member. Vacancies in county 
boards filled by State superintendent ; vacancies in district boards filled by 
county board. 

Poicers and duties: To have entire control of public schools, except in inde- 
pendent districts ; make rules and regulations governing the schools ; acquire, 
hold, and convey school property; sue and make contracts. Compensation, 
$2 per diem each for not exceeding 10 days. 

See also A (c2), County officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; B (e), State aid for elementary educa- 
tion; C (c). Local taxation; D (b), State aid, approval of plans; G (d), 
Teachers' institutes and summer schools; M (a), Special types of school, 
general; N (a), High schools; S (b). Public-school libraries. 

Arkansas: See K (c). Uniformity of textbooks. 

California: Except in a city and county, county board of education shall con- 
sist of county superintendent and four members appointed by county board 
of supervisors ; majority of appointive members shall be experienced teachers 
holding not lower than grammar-school certificates ; supervisors shall annually 
appoint two members to hold office two years ; on failure of supervisor to ap- 



70 STATE LAWS RELATING TO PUBLIC EDUCATION. 

point, county superintendent shall appoint ; vacancies filled by supervisors ; 
members shall qualify within 10 days ; board shall organize at first meeting after 
July 1, superintendent being secretary ; three shall be a quorum, but issuance of 
teacher's certificate or adoption of textbooks, etc., shall require at least three 
votes. Meetings held semiannually, but special meetings may be called by 
superintendent or on petition of three members ; business at special meetings, 
except granting certificates on credentials and renewing certificates, shall be 
as specified in the call. At semiannual meetings board shall examine appli- 
cants to teach, and all examination papers shall be kept for one year. For 
services members shall each receive $5 i)er day and traveling expenses ; inci- 
dental expenses and cost of printing shall be paid. Powers and duties: To 
make rules and regulations not inconsistent with law for their own govern- 
ment ; prescribe and enforce rules for the examination of applicants for ele- 
mentary and special certificates; grant (1) secondary school certificates, 
valid in the county; (2) elementary certificates, valid in the county; (3) 
kindergarten-primary certificates, valid in kindergartens of county; (4) spe- 
cial certificates, valid in the county for special subjects; grant permanent 
certificates to those possessing prescribed qualifications ; adopt books and ap- 
paratus for district-school libraries and books for supplementary use in ele- 
mentary schools; prescribe a course of study and a uniform series of text- 
books, except for cities having boards of education; revoke teachers' certifi- 
cates for cause ; keep a record of their proceedings ; issue diplomas to gradu- 
ates of elementary schools, except in cities having boards of education ; adopt 
an official seal ; have necessary printing done. County board may, on exaini- 
nation, grant certificates as follows: (1) Grammar-school certificates to those 
having passed examination in prescribed subjects; (2) certificates to teachers 
of special subjects. Examinations shall be in writing, and board shall ask 
such oral questions as shall determine fitness of applicant to teach. Board 
may without examination grant certificates as follows: (a) High-school cer- 
tificates to holders of credentials approved by State board, to holders of high- 
school certificates issued in other counties, and to holders of normal-school 
diplomas having credentials from State university; (6) grammar-school cer- 
tificates to holders of life diplomas or certificates from any approved State, 
to holders of California Normal School diplomas or approved normal-school 
diplomas of other States, to graduates of State university or Leland Stanford 
unior University with six months' normal training or eight months' experience, 
and to holders of certificates from other counties, to holders of diplomas from 
kindergarten department of a State normal school, ot holders of creden- 
tials from an approved kindergarten training school, and to holders of kin- 
dergarten certificates granted prior to July 1, 1901. Grammar-school certifi- 
cates may be granted to holders of primary certificates who shall pass exami- 
nation in additional subjects required for grammar certificates; all certifi- 
cates and diplomas shall continue in force for the term granted; county 
board may renew any certificate granted by them, and renewal shall be for 
same as original period. The holder of any certificate or State diploma hav- 
ing taught five years in the county may be granted a permanent certificate of 
the kind and grade held while teaching. No member of a county board shall 
prepare an applicant for examination, and no certificate shall be issued to 
an applicant so prepared. County board shall, on petition of a district-school 
board, establish in such district a post-graduate course above grammar 
grades. All teachers' certificates that are not permanent and that are not 
recommended for a shorter period shall be valid for six years. 
See also L (a), Course of study; N (a), High schools. 



A (Cl). COUNTY BOAKDS. 71 

Connecticut: See U (e), Schools for dependents and delinquents. 

Delaware; The supervision of the public schools of each county shall, subject 
to the State board of education, be vested in a county school commission in 
each county; said commission shall be appointed by the governor and shall 
consist of three members ; term, three years, one being appointed each year ; 
not more than two members shall be of the same political party. Meetings 
shall be held quarterly and special meetings may be held on call of two mem- 
bers. The county commission shall investigate the school system of the 
county, the methods of instruction and discipline, the performance of their 
duties by school oflEicers and teachers, and the condition of school property; 
they shall visit schools and shall confer with the county superintendent con- 
cerning the methods and systems which he has adopted. Further duties: To 
report quarterly to the State board of education ; hear complaints concerning 
teachers, the county superintendent, or any other school officer and deter- 
mine the same, subject to appeal to the State board of education; act as 
sanitary commission over school property with full power to condemn a 
schoolhouse as unsafe or unhealthy, and upon the certificate of such con- 
demnation the trustee of the school fund (State treasurer) shall withhold 
from the district where such schoolhouse is situated its share of the State 
appropriation until necessary repair is made. Each member shall receive 
from the State treasury $5 per day for attending meetings, but not to exceed 
$75 a year, and 6 cents per mile traveled in visiting schools, but not to exceed 
$25 a year. The commission shall divide the county into districts for colored 
schools, and shall determine the time and place for holding the first meeting 
of district voters; in determining such districts the commission shall be 
limited to number of colored schools in existence; colored school districts 
shall share in the distribution of schools funds. Commission may change 
boundaries of colored school districts. The school commission may, on peti- 
tion of the owners of property affected, transfer a portion of one school dis- 
trict to another, or, on petition of 12 or more freeholders, may create a new 
district, but neither the new district nor a remaining old one shall contain 
fewer than 35 children over 5 years old ; commission shall give notice of 
first meeting of qualified voters to be held in said new district ; a description 
of the boundaries shall be filed with the county clerk. Any real estate 
not belonging to a school district may be annexed to one by county com- 
mission and no petition shall be necessary. A union or consolidated district 
may be formed as follows: (1) Notice of a meeting shall be given in each 
district proposed to be united; (2) if two-thirds of voters at such meeting 
vote in favor of uniting, a committee of three shall be appointed to confer 
with committees from other districts and if reports of said committees are 
adopted by a two-thirds vote, districts shall be united; (3) a meeting of the 
united district shall be held and a school committee chosen. The power of 
taxation shall extend to the amount that could be lawfully raised by tax in 
the several districts composing the union, if acting separately. The union 
of districts shall not affect the account of the trustee of the school fund, but 
dividends of the income of the fund shall be apportioned to the original dis- 
tricts as before the union. Each school district, of whatever kind, may take 
and hold ground for school purposes, may prosecute actions upon the bond of 
the treasurer or clerk, or for damages to school property or debt due district. 
Every male person having the right to vote for representative in the general 
assembly and residing in the district and having paid his school tax, and 
every female person over 21 years old and residing in the district and having 
paid school tax in the district, shall be qualified to vote at all school elections ; 



*72 STATE LAWS RELATING TO PUBLIC EDUCATION. 

no white person shall vote at a colored election and no colored person shall 
vote at a white election. Order of business of annual district meeting: (1) 
Appointment of a president and a secretary; (2) report of old committee 
of the district; (3) election by ballot of a member of the school committee 
to serve three years; (4) determination whether any sum above that required 
to be raised by law shall be raised and whether such additional amount 
shall be raised by tax or by subscription. Annual meetings may be ad- 
journed and the proceedings of an adjourned meeting may be the same, 
except as to tax, as if had at the original meeting; special meetings may be 
called by the school committee. The supervision and control of the public 
schools in each district shall, subject to the State board of education and 
the county school commissioners, be vested in a school committee for each 
district, which shall be composed of a clerk and two members elected for 
terms of three years. Powers and duties of school committee: To provide 
site and building which shall be near the center of the district and which, 
when once located, shall not be removed except by direction of the school 
voters; keep schoolhouse in repair, provide insurance, furniture, etc.; keep 
school open for at least 140 days each year; employ teachers and dismiss 
them for cause ; make rules for the government of the school ; receive money 
raised by the district and expend the same; provide for the collection of 
school taxes ; provide free textbooks for pupils of the public schools ; settle 
accounts of the district with the auditor, and report to annual meeting. 
Each school committee and each board of education in an incorporated dis- 
trict shall, when a teacher is employed, notify the county superintendent, 
giving name, address, and salary. Committees and boards of education shall 
see that the United States flag is displayed on or near each schoolhouse. 
Committees and boards of education shall see that physiology and hygiene 
are taught in the public schools. Committees and boards of education shall 
employ as teachers only holders of certificates issued by county superintend- 
ent, unless such person be a teacher of a special subject, as drawing, music, 
etc. Each committee and board of education shall make rules protecting the 
health of children and may provide for free vaccination. Boards of educa- 
tion of incorporated districts may admit to their higher departments pupils 
from other districts on such terms as said boards may determine, and the 
school committee of district where pupils reside may pay tuition. School 
committee in district for white persons shall make a tax assessment list 
for the district ; such list shall consist of the rates of persons of all the white 
male inhabitants over 21 years old, of the rates of the personal property of 
all white male inhabitants, of the rates of all assessable personal property 
in the district owned by any association or corporation, and of the " clear 
rental value" of all the assessable real estate" in the district owned by white 
persons, associations, or corporations ; school committee shall fix the rates on 
personal property upon personal view thereof or upon other sufficient informa- 
tion, and shall not take the rates from the lists of the hundred (township). 
Sufficient tax shall be levied to raise in each district $100. All the provisions 
of the preceding section shall apply to colored districts, except that the word 
" colored " shall in regard to committees for colored schools be inserted in 
place of the word " white," and except, further, that the sum required to be 
raised shall be at least $50. 

See also A (bl). State boards; A (c2), County officers; A (f). Administra- 
tive units — districts, etc. 
Florida: A county board of public instruction consisting of three members, not 
more than one of whom shall reside in the same district, shall be elected bi- 
ennially by the qualified electors of the county. Said board shall be a body 



A (CI). COUNTY BOARDS. 73 

corporate ; it shall elect a cliairman, and county superintendent shall be secre- 
tary; county treasurer shall be treasurer of board. The title to school prop- 
erty of the county, except in special tax districts, shall be vested in said 
board. Duties: To acquire and hold all school property of the county, ex- 
cept property of special tax districts ; locate and maintain schools where they 
may be needed to accommodate all persons between 6 and 21 years old dur- 
ing not less than four months each year ; appoint one supervisor for each 
school, whose duty shall be to supervise the work of the school and report 
to the county superintendent monthly; select a site for each school to con- 
tain not less than one-half acre in rural districts; provide schoolhouses, 
apparatus, etc., and establish schools of higher grades when required by 
patrons; employ and pay teachers for all schools, but schools shall not be 
located within 3 miles of each other, except for some local necessity ; audit 
and pay all its accounts ; keep accurate accounts of all proceedings and official 
acts, and also of all money handled, and report to State superintendent when 
required; prepare and file with the clerk of the circuit court an itemized 
monthly financial statement; perform all acts reasonable and necessary for 
the promotion of the educational interests of the county; hold regular meet- 
ings by arrangement with the State board of education and convene a special 
session when requested by county superintendent; prepare annually a state- 
ment of amount of money needed for next ensuing year (said statement to 
be expressed in mills, not less than 3 nor more than 7) for school pur- 
poses and furnish a copy of such statement to county assessor, who shall 
assess taxes accordingly; examine at least twice a year the records of the 
tax collector which relate to poll taxes and require prompt settlement for all 
poll taxes. No county board shall contract with one of its members except 
for a school site. Board shall divide county into three county school-board 
districts, so that each district shall have as nearly as practicable the same 
number of legal voters, and so that no election district shall be divided. 
Vacancies in the office of county board shall be filled for the unexpired term 
by the State board of education. Each member shall receive for his services 
$4 per day and 10 cents per mile traveled. 

See also A (c2), County officers; A (f), Administrative units — districts, 
etc.; C (b), Local bonds and indebtedness; E (b), Teachers' certificates, 
general; H (c). School year, month, day, etc.; K (b), Free textbooks; K (c), 
Uniformity of textbooks; M (b), Kindergartens; P (a), Higher institutions, 
general. 

Georgia: The grand jury of each county (except counties under a local system) 
shall select from the citizens of the county five freeholders, who shall con- 
stitute a county board of education; term, four years; no person who is 
pecuniarily interested in the sale of schoolbooks shall be elected a member 
of said board or county school superintendent ; when a portion of any county 
is a local school system having a board of education of its own and having 
no dealings with the county board of education, members of said county 
board shall be selected from territory outside of said local system ; compen- 
sation $2 per day each for actual service. Clerk of superior court shall 
certify names of members elected to State superintendent of schools; judge 
of superior court may remove a member for cause and may fill any vacancy 
until next meeting of grand jury. Board shall elect a member chairman and 
county school superintendent shall be secretary; majority a quorum; meet- 
ings monthly or quarterly. County board shall lay off county in subdistricts 
and shall establish in each one school for white and one school for colored 
pupils where the population of the two races is sufiicient; where more than 



74 STATE LAWS RELATING TO PUBLIC EDUCATION. 

one school is demanded said board shall establish additional school or 
schools; said board is empowered to employ teachers. Each teacher shall 
file at expiration of school term a report with county school superintendent. 
County board may commission three citizens as trustees of a subdistrict; 
term, three years, one being appointed each year. Duties: To supervise 
school operations of subdistrict; visit school and make recommendations to 
county board, especially in the matter of choosing teachers, and it shall be 
the duty of county board to choose applicants recommended when qualified; 
report annually to county board. County board shall provide sites, school- 
houses, and equipment, and shall hold school property for the county ; it may 
dispose of unnecessary school property; it may receive gifts, bequests, and 
donations; it shall arrange for the separate instruction of the white and 
colored races, providing, as far as practicable, equal facilities. Board may 
define and regulate length of school term. Said board shall hear and deter- 
mine controversies arising under the school law, subject to appeal to the 
State superintendent of schools. No member of grand jury appointing 
county board shall be a member of said board; no two members shall be 
selected from the same militia district ; no member shall be selected from a 
local school system. County board may suspend county superintendent. 
Said board may consolidate two or more schools in the same subdistrict or 
in different subdistricts ; when schools are so consolidated county superin- 
tendent shall call an election of trustees for consolidated school from sub- 
district or subdistricts concerned, said election to be held in accordance with 
law; county board may also divide any subdistrict and provide for the elec- 
tion of trustees for each new subdistrict thus created; it may consolidate 
parts of subdistricts, add part of one to another, or change boundaries in 
any way when best interests of schools require change, but if as many as 
10 patrons object to change the matter shall be determined by an election 
called in subdistrict or subdistricts concerned by county superintendent ; if a 
majority of qualified electors vote for consolidation, proposed change shall be 
made. Where two or more subdistricts have been consolidated, county board 
may provide transportation for pupils living more than 3 miles from school. 

See also A (c2). County officers; A (f), Administrative units — districts, 
etc; B (e), State aid for elementary education; C (b), Local bonds and In- 
debtedness; E (b), Teachers' certificates, general; G (d), Teachers' insti- 
tutes and summer schools; H (b) School census; J (c), Vaccination; M (c), 
Evening schools; O (a). Industrial education, general; U (e), Schools for 
dependents and delinquents. 

Idaho: See A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; N (a). High schools. 

Illinois: It shall be the duty of the county board (of supervisors in counties 
under township government and of commissioners in counties not under 
township government) to provide office, furniture, and supplies for county 
superintendent; approve or reject the report of the county superintendent; 
audit the itemized bills of the county superintendent; authorize county 
superintendent to employ assistants; audit the county superintendent's ac- 
counts with townships. Powers of county hoard: To approve the bond of the 
county superintendent; require him to execute a new bond when advisable; 
require him to make reports required by law and to remove him from office 
for failure to do so. County board shall fiU vacancies in the office of county 
superintendent. ^ 

See also A (c2), County officers; G (c). County and local normal schools. 



A (Cl). COUNTY BOAKDS. 75 

Indiana: County superintendent, trustees of townships, and the chairman of 
the trustees of each town and city shall constitute the county board of 
education. Duties: To consider the needs of the schools and school property 
under their care. The care of township libraries shall be determined by 
said board. 

See also A (c2), County officers; D (a), Buildings and sites, general; 
H (f), Compulsory attendance; O (a) Industrial education, general. 

Iowa: See K (c). Uniformity of textbooks. 

Kansas: See A (c2), County officers; A (f), Administrative units — districts, 
etc.; E (b), Teachers' certificates, general; N (a), High schools; U (c), 
Juvenile courts. 

Kentucky: See A (c2), County officers; A (f), Administrative units — districts, 
etc.; C (b). Local bonds and indebtedness; E (b), General certificates; H 
(f), Compulsory attendance; K (c), Uniformity of textbooks; S (b). Public- 
school libraries; U (e), Schools for dependents and delinquents. 

Louisiana: Parish (county) board of directors shall consist of members elected 
from wards of parish, one for each police juror ; members divided into three 
groups, one group elected every two years, to serve six years; compensation 
of members, $3 per day and 5 cents mileage each way for attending meetings. 
Any qualified elector able to read and write and holding no public office, ex- 
cept notaries public and justices of peace, shall be eligible as directors. 
Vancancles filled by governor if for no longer than 12 months; otherwise by 
special election. Said boards shall be bodies corporate. Duties of parish 
(county) hoards: To elect parish superintendent for four years; remove such 
superintendent by a two-thirds vote of board for cause ; report to State board 
of education ; inspect schools and advise with trustees ; locate schools ; select 
teachers upon recommendation of parish superintendent, but board may 
select teachers without such recommendation by two-thirds vote of board; 
fix salaries of teachers ; enforce school laws ; hold regular meetings quarterly 
and special meetings when called ; with parish superintendent to divide parish 
Into school districts. Board may acquire land, erect school buildings, and 
equip same. District attorney shall act as counsel for said board except in 
parish of Orleans, where city attorney shall so act. Board may, except in 
parish of Orleans, establish graded schools. Central or high schools may 
be established with approval of State board, cost of property to be no 
charge against school fund. Board may collect incidental fee of 50 cents 
for each child, no parent to pay more than $1.50. No child shall pay toll or 
fee for passage or conveyance over certain ferries, bridges, and roads while 
going to or from public schools. No school of less than 10 pupils shall be 
maintained. Public schools shall be free from religious control or Influence. 
Boards of adjoining parishes may form joint districts, to belong to parish 
containing schoolhouse. When two districts adjoin, children In either may 
attend school most convenient. Orthography, reading, writing, drawing, 
arithmetic, geography, grammar. United States history, laws of health, includ- 
ing evil effects of alcohol and narcotics, shall be taught in every district. 
Such other branches shall be taught as may be prescribed by State board of 
education and the parish board. Instruction shall be given in all elementary 
and secondary schools in the principles of agriculture or horticulture and in 
home and farm economy. Elementary branches may be taught in the French 
language in French-speaking communities. No public school shall open later 
than 9 a. m. or close earlier than 3 p. m. ; but half-day sessions may be held 
when necessary. Kindergarten schools shall be exempt from this provision. 



76 STATE LAWS KELATING TO PUBLIC EDUCATION. 

Board may in parish of Orleans fix hours of school session. School week 
shall consist of five days. In each local district, except in parish of Orleans, 
patrons shall select a board of three auxiliary visiting trustees, having same 
qualifications as members of board of directors. Said trustees shall visit 
schools and make quarterly reports to parish board of directors. Parish 
board may create districts composed of an entire parish, a ward, two or 
more w^ards, parts of two or more wards, part of an existing school district, 
parts of two or more school districts, or any other portion of a parish; may 
order special elections for purpose of raising additional funds for public 
schools or to be authorized to issue bonds to build and equip schoolhouses. 
Parish board may call special election to provide for compulsory attendance 
of children in elementary and high schools. Such proposition shall carry by 
majority vote of those voting. Upon petition of one-fourth of electors, elec- 
tion shall be called to annul such compulsory attendance; but no such 
election shall be called within one year from time attendance»was made com- 
pulsory. Regulations as to compulsory attendance shall apply to other 
schools as well as to public schools. Said board may accept donations for 
educational purposes. 

The attorney general in parish of Orleans and district attorney elsewhere 
shall ex oflScio and without compensation be attorneys and counsel for 
school boards; no school board shall employ extra counsel unless a real 
necessity exists therefor made to appear by a resolution thereof. 

See also A (b2), State oflScers; A (c2). County officers; B (a), General 
State finance and support; E (b), Teachers' certificates, general; G (d), 
Teachers' institutes and summer schools; S (b). Public-school libraries. 

Maryland: Board of county school commissioners shall elect a person not a 
member who shall serve as secretary and treasurer and county school superin- 
tendent ; person thus selected shall enter upon his duties August 1 ; in coun- 
ties of more than 85 schools, board may appoint a clerk and fix his salary; 
board shall meet at least once In every school term and at other times if 
necessary; each commissioner shall receive $100. Board declared a body 
politic and corporate with usual powers ; all property heretofore vested in the 
public-school authorities now transferred to and vested in this board. 
Duties of l)oard: Shall have general supervision of all schools in their 
respective counties ; shall build, repair, and furnish schoolhouses ; purchase 
and distribute textbooks; appoint assistant teachers; consolidate schools; 
arrange and pay for transjyortation of children; close schools; apportion 
State school tax and free-school fund primarily intended to pay salaries; 
provide schoolbooks and stationery ; if share of " any county should prove 
inadequate," county commissioners are required to levy and collect tax not 
to exceed 15 cents on the hundred, " unless the county commissioners shall 
approve and sanction an additional tax " ; sums specially levied on any 
election or schoolhouse district shall be applied to purposes for which 
intended. County board shall appoint committee to divide county into 
" suitable school districts " ; no district shall contain greater area than 4 
miles unless thinly settled; committee shall make accurate description of 
boundaries and may change the same; when necessary may employ a sur- 
veyor. Boards of Baltimore city and of the counties shall make annual 
reports to State board of education; they shall publish annually statement 
of receipts and disbursements, including textbooks and indebtedness. Gov- 
ernor may fill vacancies and board may declare such vacancies; no teacher 
in actual employment shall be county school commissioner. 



A (Cl). COUNTY BOARDS. 77 

(State board provides in its by-laws that county board may appoint an 
assistant superintendent if number teachers exceeds 175 ; tbat duties of county 
board include — to appoint principal of all high schools; reject or confirm 
appointments of principal teachers; appoint district-school trustees; prevent 
use of school property for other than school uses ; give due notice to county 
commissioners of amount needed to keep schools open for 9 or 10 months, and 
amounts needed for schoolhouses ; select students for free scholarships and 
appoint alternates ; buy and sell school sites ; borrow money ; appoint instruc- 
tors in colored industrial schools; appoint grade supervisors and supervisors 
of colored schools if colored industrial school is maintained ; make annual 
statement of cost of maintaining instruction in each high school.) 

See also A (bl), State boards; A (b2), State officers; A (c2), County offi- 
cers; A (d), District boards and officers; B (a), General State finance and 
support; D (a), Buildings and sites, general; B (b), Teachers' certificates, 
general; G (b). State normal schools; H (c), School year, month, day, etc.; 
H (h), Separation of the races; J (b), Medical inspection; N (a), High 
schools; O (a), Industrial education, general; P (a). Higher institutions, 
general; S (b), Public-school libraries; T (b), Schools for the deaf. 

Michigan: See A (c2). County officers; G (c), County and local normal schools; 
O (b). Agricultural schools. 

Minnesota: See A (c2). County officers; A (d), District boards and officers; 
A (f), Administrative units — districts, etc.; U (e). Schools for dependents 
and delinquents. 

Mississippi: The county school board shall consist of one member from each 
supervisor's district, appointed for four years ; county superintendent may 
remove any member for cause ; members shall take oath and receive $3 per 
day for actual service, not more than five days in one year ; county superin- 
tendent shall be president; board shall define school-district boundaries out- 
side of separate school districts ; in districts with not more than one chartered 
institution board may locate public school there and conduct it as part of 
same; white and colored districts shall be separate; districts of each race 
shall embrace whole territory of county outside of separate school districts. 
County boards of supervisors may offer yearly prizes in money amounting 
to $50 to com clubs; county superintendents of education, with approval of 
county board of examiners, may appropriate $50 to be used in similar prizes. 
See also A (c2). County officers; A (f). Administrative units — districts, 
etc.; B (b). State school lands; C (c), Local taxation; E (b). Teachers' cer- 
tificates, general; F (a), Teachers' contracts, duties, etc.; H (e), Consolida- 
tion of districts, etc.; K (a). Textbooks and supplies, general; N (a). High 
schools; S (b), Public-school libraries. 

Missouri: See C (a). Local finance and support, general; K (c). Uniformity of 
textbooks. 

Montana: See A (bl), State boards; A (c2). County officers; A (f). Adminis- 
trative units — districts, etc.; B (a), General State finance and support; 
E (b), Teachers' certificates, general; N (a). High schools. 

Nebraska: See N (a). High schools. 

Nevada: See G (c). County and local normal schools; N (a), High schools. 

New Jersey: See E (b), Teachers' certificates, general; O (a). Industrial edu- 
cation, general. 



78 STATE LAWS RELATING TO PUBLIC EDUCATION. 

North Carolina: County board of education shall consist of three members 
appointed by legislature for terms of six years, one retiring every two years; 
vacancy filled by two remaining members of board until next legislature; on 
failure of legislature to make appointment State board of education shall 
appoint. County board is body corporate. Such board and county superin- 
tendent may make rules governing conduct of teachers and pupils as to 
attendance and discipline ; it shall fix time of opening and closing schools, but 
all shall be opened and closed as nearly as practicable at same time. Build- 
ing of new schoolhouses shall be under control of and by contract with county 
board ; board shall pay not exceeding one-half of cost and school district shall 
pay other part, and on failure to do so shall suffer deduction of amount due 
from its share of regular apportionment; buildings shall be in accordance 
with plans approved by State superintendent. County board has general 
power in executing school law. On complaint of State superintendent, county 
board shall try county superintenent or a member of said board and may re- 
move him for cause, but appeal may be taken to State board; similarly on 
complaint of county superintendent a member of county board may be re- 
moved. County board may Investigate and pass uix)n the moral character of 
any teacher or applicant for teacher's certificate or for employment as 
teacher. County board shall fix boundaries of school districts ; no new school 
shall be established within 3 miles of a school already existing; no dis- 
trict shall have less than 65 children of school age, unless such district con- 
tains at least 12 square miles or is separated by dangerous natural barriers 
from a schoolhouse ; parts of two or more contiguous counties may be united 
by boards of counties affected ; county board may change boundaries of local 
tax districts; board may consolidate schools and pay for transportation of 
pupils. Board may accept donations and may sell school property. County 
board or trustees of incorporated or chartered district may acquire school site 
by gift, purchase, or condemnation ; in case of condemnation not more than 
2 acres may be taken; additions to sites may be taken in like manner, but 
condemnation shall not be for more than enough to make 3 acres. County 
board shall meet on first Monday in Januaiy, April, July, and October, and 
may hold called meetings; itemized statement of receipts and expenditures 
shall be published annually; in July board shall meet with county superin- 
tendent and treasurer and examine their reports. Members of board shall 
each receive $2 per diem and mileage as allowed to county commissioners. 

See also A (c2), County ofllcers; C (a), Local finance and support, general; 
C (c), Local taxation; E (b). Teachers' certificates; G (d). Teachers' insti- 
tutes and summer schools; H (c), School year, month, day, etc.; H (f). Com- 
pulsory attendance; J (a). Health, general; N (a). High schools; O (b), 
Agricultural schools; S (b), Public-school libraries. 

Ohio: Each county school district shall be under the supervision and control 
of a county board of education composed of five members, who shall be 
elected by the presidents of the various village and rural boards in such 
county school district; at least one member of county board shall be a resi- 
dent of a village district if such district is located in county district, and at 
least three members of county board shall be residents of rural districts, but 
not more than one member of county board shall reside in any one village or 
rural district within the county district. All school districts other than vil- 
lage and city school districts within a civil township shall be jointly entitled 
to one vote in the election of members of the county board ; term of members, 
five years, one being elected each year; presidents of the various boards 
within the county district shall be paid actual expenses while attending meet- 



A (Cl). COUNTY BOARDS. 79 

ing for election of the county board, such expenses to be paid out of county- 
treasury. The call for meetings to elect county board shall be issued by county 
superintendent ; the vote of a majority of the district presidents present shall 
be necessary to elect each member of the county board ; members of county 
board may or may not be members or officers of any village or rural school 
board. Each member of county board shall, within 10 days after receiving 
notice of his election, take oath of office, otherwise the position to which he 
has been elected shall be considered vacant. Each county board shall meet at 
least every two months and shall organize by electing one of its members 
president and another vice president, to serve one year ; county superintend- 
ent shall act as secretary of county board ; the regular meetings of said board 
shall be held at office of the county superintendent; president of said board 
may call special meetings ; majority, a quorum ; members of county board and 
county superintendent shall be paid necessary expenses incurred during at- 
tendance upon meetings of such board ; such expenses shall be paid from the 
county-board fund. The county board shall make a survey of its district ; shall 
arrange schools according to topography and population ; may change school- 
district lines and transfer territory from one rural or village district to another. 
No rural district containing less than 15 square miles shall be formed; the 
county surveyor shall assist the county board when his services are required. 
The county board shall publish, with advice of county superintendent, a 
minimum course of study, which shall be a guide to local boards in prescrib- 
ing courses of study for schools under their control; county board may pub- 
lish different courses for village and rural districts. The county board shall 
divide the county district into supervision districts, the territory of each such 
district to be contiguous and compact; in forming such supervision districts 
consideration shall be given to the number of teachers employed, the amount 
of consolidation and centralization, condition of roads, and general topog- 
raphy ; the territory in such districts shall be as nearly equal as practicable, 
and the number of teachers employed in any one such district shall not be 
less than 20 nor more than 60; the county board shall, upon application of 
three-fourths of the presidents of the village and rural district boards of the 
county, redistrict the county into supervision districts. Each supervision 
district shall be under direction of a district superintendent; said superin- 
tendent shall be elected by the presidents of the village and rural boards 
within such district, except that when such supervision district contains 
three or less village or rural districts the boards of such districts, in joint 
session, shall elect such superintendent; the district superintendent shall be 
employed upon the nomination of the county superintendent, but, by a major- 
ity vote, the board electing the district superintendent may elect a district 
superintendent not so nominated. Any village or rural district or union of 
school districts for supervision purposes, which already employs a superin- 
tendent, shall, upon application to county board, be continued, as a separate 
supervision district so long as the superintendent receives a salary of at least 
$1,000 and continues to give at least one-half of his time to supervision work ; 
any district containing fewer than 20 teachers, being isolated by reason of 
the existence of such supervision districts, shall be joined for supervision 
purposes to such supervision district. The first term of any district super- 
intendent shall be for no longer than one year; thereafter he may be re- 
elected in the same district for a term not to exceed three years. The com- 
pensation of the district superintendent shall be fixed by the same authority 
which appoints him ; such compensation shall be paid out of county board of 
education fund; salary of such superintendent shall not be less than $1,000 



80 STATE LAWS EELATING TO PUBLIC EDUCATION. 

per year, half of which salary, not to exceed $750, shall be paid by the State 
and half by the supervision district, except where the number of teachers in 
such district is fewer than 40, in which case amount paid by State shall be 
such proportion of half salary as the ratio of number of teachers is to 40; 
the half paid by supervision district shall be prorated among the village and 
rural districts on basis of number of teachers. County board shall, at regular 
meeting, elect county superintendent for term not to exceed three years ; said 
superintendent shall be executive officer of county board and shall attend all 
meetings with privilege of discussion but not of voting. Salary of county 
superintendent shall be fixed by county board at no less than $1,200 per 
year, and shall be paid out of county board of education fund ; half of such 
salary shall be paid by the State and balance by county district ; in no case 
shall the amount paid by the State exceed $1,000 ; county board may allow 
said superintendent not more than $300 per year for traveling expenses and 
clerical help ; the half of salary of county superintendent paid by county dis- 
trict shall be in proportion to number of teachers employed in each district 
therein. County board shall annually certify to county auditor number of 
teachers in the districts of the county district, number of district superin- 
tendents and their compensation, compensation of county superintendent, and 
amounts to be apportioned to each village or rural district for support of dis- 
trict and county superintendents; county auditor shall retain from the semi- 
annual apportionment of school funds the amount certified by county board 
for salaries of district and county superintendents, such amount to be known 
as the " County board of education fund." County board shall certify under 
oath to State auditor the amount due from State as its share of salaries of 
district and county superintendents. Only persons shall be eligible as county 
superintendents who shall have (1) five years' experience as superintendent 
and a high-school life certificate; or (2) six years' experience in teaching, 
two years' additional experience in supervision, and at least a three-year 
county high-school certificate; or (3) five years' experience as superintendent 
and a county high-school certificate, and also be a graduate from a recognized 
institution of college or university rank; or (4) five years' teaching expe- 
rience with one year's professional training in school administration and 
supervision in a recognized school of college or university rank, and a high- 
school life certificate; or (5) five years' teaching experience with one year's 
professional training in school administration and supervision in a recognized 
school of college or university rank, and a county high-school certificate, and 
be a graduate from a recognized institution of college or university rank. 
Only such persons shall be eligible as district superintendents who shall have 
(1) three years' experience in school supervision and at least a county high- 
school certificate; or (2) four years' experience in teaching, one year's addi- 
tional experience in supervision or one year's training in supervision in an 
institution of college or university rank, and at least a county high-school 
certificate; or (3) three years' experience in teaching, graduation from a 
first-grade high school or its equivalent, and, in addition, two years' profes- 
sional training in a recognized institution of college or normal-school rank, 
and at least a county high-school certificate. County board shall certify the 
qualifications of each district and county superintendent to State superin- 
tendent. 

See also A (b2). State ofllcers ; A (f), Administrative units — districts, etc.; 
D (a), Buildings and sites, general; E (b), Teachers' certificates, general; 
G (d), Teachers' institutes and summer schools. 

Oklahoma: See E (b), Teachers' certificates, general, 



A (Cl). COUXTY BOAKDS. 81 

Oregon: There is created in every county having more than 60 school districts 
a county educational board, to consist of school superintendent as chairman 
and four members appointed by said superintendent for term of four years; 
compensation of appointive members, necessary expenses, not to exceed $25 
each jyer annum ; members must be school voters and not holders of any other 
county office, except county superintendency. Said county board shall divide 
the county into supervisory districts, excluding districts of the first class, 
but no such supervisory district shall contain fewer than 20 nor more than 
50 districts; annually after the first such division said board may meet and 
subdivide the county; county sui>erintendent shall be supervisor of one 
supervisory district. Duties of hoard: To employ for not less than 10 months 
supervisors, other than county superintendent, and fix compensation of each 
at between $100 and $120 per month; provide supervisor with necessary 
blanks, stationery, etc. ; make rules and regulations governing supervisors 
not inconsistent with the rules of the State board ; act as advisory board to 
county superintendent. Supervisors shall be paid out of the general fund of 
the county. Duties of supert-isoj's: To work under the direction of the county 
superintendent; devote their entire time to supervision in their respective 
districts when any of their schools are in session; enforce the course of 
study prescribed by State board of education ; report monthly to county school 
superintendent. Supervisor shall hold a teacher's certificate valid m the 
State and shall have taught at least nine months. 

See also A (c2), County officers; A (d), District boards and officers; 
A (f), Administrative units — districts, etc.; C (b), Local bonds and indebted- 
ness; E (b), Teachers' certificates, general; H (f), Compulsory attendance; 
N (a), High schools. 

Pennsylvania; See A (c2). County officers. 

South Carolina: The county board of education shall consist of the county 
superintendent and two members appointed by the State board of education 
for a term of two years. Said board shall examine all candidates to teach 
and shall issue certificates therefor ; certificates valid for two years, but may 
be revoked for cause or renewed without examination ; such issuance, revoca- 
tion, and renewal of certificates shall be under regulation of State board of 
education ; no examination shall be required of graduates of approved institu- 
tions of higher learning ; appointive members of board shall receive $3 per day 
for not exceeding seven days, except in a few counties, where a longer period 
is allowed. Said board and district trustees shall see that the branches re- 
quired by law are taught in every public school ; physiology and hygiene with 
special reference to the effects of alcoholic drinks and narcotics shall be 
taught. The board of education of each county shall annually levy on the tax- 
able property of the county a school tax of three mills on the dollar, and the 
sum thus raised shall be apportioned to districts by said board in proportion 
to the number of pupils enrolled therein ; enrollment shall not be counted until 
pupil has attended a day school at least 10 days or an evening school at least 
20 evenings. Said board shall serve in an advisory capacity to county super- 
intendent and shall settle local controversies, subject to appeal to State boards 
of education. Said board shall regulate school terms within the comity. It 
shall be lawful for any person between 6 and 21 years old to attend the public 
schools. 

See also A (bl). State boards; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; B (d). State taxation for school pur- 
poses; D (a), Buildings and sites, general; N (a), High schools; S (b), 
School libraries. 
3966°— 15 6 



82 STATE LAWS RELATING TO PUBLIC EDUCATION. 

South Dakota: See A (c2), County officers; A (d), District boards and officers; 
A (f), Administrative units — districts, etc.; K (c), Uniformity of textbooks; 
S (b), Public-school libraries; T (b), Schools for the deaf. 

Tennessee: In each county public schools shall be under control of county 
board of education and of a board of advisors in each district. County 
court shall divide county into five districts, and one member of county 
board shall be elected from each district, but each district shall be com- 
posed of whole civil dictricts, and where county has fewer than five civil 
districts each such district shall constitute a school district, and a member 
of county board shall be elected from each school district and the remainder 
from the county at large. County superintendent shall be secretary of 
county board. Term of members, two years, each member being elected by 
qualified voters of his district, or some from districts and some from 
county at large if case requires ; any qualified voter who possesses a primary 
school education is eligible to membership of board; county superintendent 
shall fill vacancies. Duties of chairman: To preside over meetings, call 
special meetings, appoint committees, and sign warrants. Duties of secre- 
tary: To issue warrants authorized by board; make quarterly report to 
county court; keep record of meetings of board and accounts of financial 
transactions ; give bond as such secretary for $500. Duties of county hoard: 
To hold regular meetings quarterly; select teachers, fix their salaries, pro- 
vide buildings and furniture, fix all wages and incidental expenses, and 
control expenditure of public-school funds; run all schools as nearly as 
practicable the same length of time, but each school should maintain an 
average attendance of not less than 10; permit pupils to attend in other 
district than that of their residence when advisable ; receive monthly reports 
from teachers and order their salaries paid; visit schools of their respective 
districts not less than twice a year; act on appeal of pupils suspended by 
advisory board; dismiss teachers for cause; control and care for all school 
property. Each member shall report annually to county superintendent. 
Each member shall receive not less than $1.50 nor more than $3 per day, 
as fixed by county court, for not exceeding 30 days in a year. A local 
" advisory board " of three members shall be elected biennially by qualified 
voters in each district. Duties of advisory hoard: To visit schools, see that 
buildings and grounds are in good repair, and that fuel, etc., are supplied; 
make to county board general recommendations and recommendations of 
teachers; report to county board annually, and oftener if required; require 
secretary to take school census annually; suspend and dismiss pupils sub- 
ject to appeal to county board; issue order on county board for repairs and 
incidentals not to exceed $10. County superintendent shall fill vacancy in 
advisory board. This act shall not affect city systems operating imder 
special charters. (Five counties exempted from this act.) 

County court shall divide county into five districts, but each such district 
shall be composed of whole civil districts; qualified voters shall biennially 
elect a member of county board of education from each district, or if county 
has less than five civil districts, one shall be elected from each district and the 
remainder from county at large; members shall have at least a primary 
education and be qualified voters in district from which elected. Duties of 
chairman: To preside over meetings, appoint committees, etc.; call special 
meetings; sign warrants issued by board. Duties of secretary: To issue 
warrants authorized by county board; make quarterly report to county 
court; keep record of meetings of board and account of all transactions. 
Duties of county hoard: To hold regular meetings quarterly and such special 



A (Cl). COUNTY BOARDS. 83 

meetings as chairman may call ; elect teachers and fix their salaries, provide 
buildings, fix all wages and incidental expenses, and control expenditure 
of public-school funds ; run schools as nearly as practicable the same length 
of time, but minimum number of pupils shall not be less than 10; locate 
schools, and when advisable permit pupils to attend school in other districts 
than their own; issue orders for warrant of teachers' salaries; visit schools 
of their respective districts; determine appeals of pupils suspended by ad- 
visory board; dismiss teachers for cause; control all school property. 

See also A (bl). State boards; A (c2), County officers; A (d), District 
boards and officers; E (b), Teachers' certificates, general; F (a), Teachers' 
contracts, duties, etc.; H (e), Consolidation of districts, etc.; H (f). Com- 
pulsory attendance; N (a), High schools. 

Texas: See A (c2). County officers; A (f), Administrative units — districts, etc. ; 
C (c), Local taxation; E (b), Teachers' certificates, general; L (a), Course of 
study; N (a), High schools. 

Utah: See A (f), Administrative units — districts, etc.; N (a), High schools. 

Virginia: The division superintendent of schools and the district school trus- 
tees of each county, including those of towns constituting separate districts, 
shall constitute the county school board ; said board shall be a body corporate 
and as such may sue and be sued, contract and be contracted with, and 
acquire, hold, and convey property. One regular annual meeting shall be 
held in August and special meetings may be called by the president, v^^ho shall 
be the division superintendent. Board shall report annually to the State 
superintendent. Powers and duties: May order any district school board to 
pay each school trustee, except the clerk, not exceeding $10 in any one year 
to pay expenses in attending meetings ; shall prepare and submit annually In 
April to division superintendent an estimate of amount of money needed in 
the county for public schools and, after revising estimates of district boards 
for each district, shall file such estimates with said superintendent, who shall 
submit all estimates to the county board of supervisors; shall apportion the 
county school fund among the districts so as to secure a uniform term, but 
primary and grammar grades shall be maintained at least four months before 
any part of the fund may be devoted to schools of a higher grade. All money 
and property set aside for public-school purposes by grant, will, or otherwise 
shall be held, if for county purposes, by county school board, and, if for dis- 
trict purposes, by district school board. Any county, district, or city school 
board may sell or exchange public-school property on securing an order from 
the circuit court or the corporation or the hustings court ; said property when 
sold shall be sold to the highest bidder at public auction. County school board 
shall take steps and institute proceedings to compel school officers to settle 
their accounts. 

The school trustee electoral board in each county shall consist of the 
attorney for the Commonwealth, division superintendent of schools, and one 
resident voter appointed by the judge of the circuit court for a term of four 
years; superintendent shall be clerk and board shall elect a chairman. 
Said board shall appoint three district trustees for each of the several school 
districts of the county; term of such trustees, three years, one being ap- 
pointed each year; no person not able to read and write shall be appointed 
a trustee. Said electoral board may declare vacant the office of a trustee 
for failure to perform duty or for misconduct and may fill the vacancy. 
Clerk of board shall furnish State superintendent a list of trustees ap- 
pointed and shall notify trustees of their appointment. Said electoral board 
shall determine appeals from district trustees. Nothing in this act shall 



84 STATE LAWS RELATING TO PUBLIC EDUCATION. 

interfere with the appointment of school trustees by city councils. No Fed- 
eral, State, or county oflBcer shall be appointed a district trustee, but this 
provision shall not apply to any fourth-class postmaster, superintendent of 
the poor, commissioner in chancery, commissioner of accounts, or notary 
public ; every trustee shall be a resident of the district for which appointed. 

See also A (bl). State boards; A (c2). County officers; A (d), District 
boards and officers; A (f), Administrative units — districts, etc.; B (a), 
General State finance and support; C (b) Local bonds and indebtedness; 
D (a). Buildings and sites, general; G (d), Teachers' institutes and sum- 
mer schools; H (a), School population and attendance, general; O (b), 
Agricultural schools. 
Washington: County board of education of each county shall consist of five 
members, including county superintendent, who shall be ex officio chairman; 
other members shall be appointed by said superintendent to serve two years ; 
members shall hold a valid teacher's certificate and shall, with exception of 
said superintendent, receive $5 per day and expenses for time officially em- 
ployed. Powers and duties: To grade manuscripts of pupils who take State 
examination for eighth grade or grammar school certificates ; adopt textbooks 
for public schools of school districts of the second division; assist county 
superintendent in preparation of manuals, courses of study, rules and regula- 
tions for circulating libraries, and to perform such other duties as may be 
required; adopt rules and regulations for schools of county not inconsistent 
with code of public instruction or with rules of State board of education or 
superintendent of public instruction. 

See also A (c2). County officers; A (f), Administrative units — districts, 
etc.; K (c), Uniformity of textbooks; L (a). Course of study; N (a). High 
schools. 
Wisconsin : County board of education shall consist of five members, elected by 
qualified voters, one each year, to serve five years; the county board of 
education district shall include the entire county, except such parts as are 
located within a city having a board of education, a superintendent of schools, 
or other board vested with power to examine and license teachers, and in 
counties now having more than one superintendent district each such dis- 
trict shall constitute a county board of education district; electors of such 
city shall have no voice in electing county board of education. Any resident 
of county board district qualified to vote at school elections shall be eligible 
to membership on said board; said board shall fill vacancies in its number 
until next election ; said board shall hold semiannual meetings ; shall receive 
per diem as granted to county board of supervisors, but for no longer than 
15 days per year, and traveling expenses. Powers and duties of county 
hoard: To appoint assistant superintendent; appoint a clerk for county super- 
intendent; form, organize, or consolidate school districts; appoint and fix 
compensation of county board of examiners; each member shall visit schools 
for at least two days in the year ; make annual report to State superintendent 
and his assistants; fix salary of county superintendent, to be not less than 
$1,000 per year, excluding expenses; exercise all powers and privileges of 
county training school board; make annual fiscal report to county board of 
supervisors. State aid in sum of $500 shall be granted each county board 
each year. 

See also G (c), County and local normal schools; K (c). Uniformity of text- 
books; O (b). Agricultural schools. 

Wyoming: See A (f). Administrative units — districts, etc.; K (b). Free text- 
books; S (b). Public-school libraries. 



A (C2). COUNTY OFFICERS. 85 

A (c2). County Officers. 

Alabama: County superintendent elected at November election by qualified 
voters ; term, four years ; begins October 1 succeeding election ; oath of office 
required; bond approved by State superintendent. Duties: To bave office at 
county seat, where he shall be on first Saturday in each month; notify dis- 
tricts of amount of school funds apportioned by county board ; examine con- 
dition of sixteenth section and other school funds; make annual report to 
State superintendent ; prepare teachers' pay roll for county school treasurer. 
May forfeit office for failure to make annual report ; books may be examined 
by State superintendent or by authorized agent; State superintendent fills 
vacancies; compensation, 4 per cent of moneys disbursed, but not exceeding 
$1,800. If county board employs superintendent for entire time, his compensa- 
tion shall be as fixed by such board, but not less than $1,000. Duties: To 
devote entire time to visiting and supervising schools; make suggestions to 
teachers ; call attention of school boards to needed improvements in buildings, 
equipment, etc. 

See also A (b2), State officers; A (cl). County boards; A (d). District 
boards and officers; A (f), Administrative units — districts, etc.; B (e). State 
aid for elementary education; C (c). Local taxation; D (b), State aid, ap- 
proval of plans; E (b), Teachers' certificates, general; G (d), Teachers' insti- 
tutes and summer schools; K (c), Uniformity of textbooks; S (b), Public- 
school libraries. 

Arizona: A county superintendent of schools shall be elected in each county 
by the qualified electors thereof; term, two years. Duties: To apportion 
school moneys to districts ; draw his warrant, on the order of the trustees of 
any district, upon the county treasurer for all necessary expenses against 
the school fund of such district; preside over teachers' institutes and secure 
lecturers therefor ; enforce the course of study, the use of adopted textbooks, 
and the rules and regulations for examinations prescribed by the State board 
of examiners ; conduct examinations of applicants to teach ; distribute blanks, 
etc., which he may receive for the use of school officers; preserve all official 
documents and record all his official acts; fill vacancies in boards of school 
trustees ; make such reports as State superintendent may require ; notify dis- 
trict trustees of meeting to be held for purpose of inquiring into expediency 
of a change of textbooks by State board of education; visit and examine 
each school at least twice a year, but he need not visit schools employing 
supervising principals or city superintendents, and for visitation he shall 
receive traveling expenses; attend meetings called by State superintendent. 
He shall, when there is sufficient naoney in a district fund to maintain school 
eight months, employ a teacher and keep school open for such term if trustees 
fail to do so. He may, with consent of board of supervisors, appoint a deputy 
whose salary shall be fixed by supervisors. He may require trustees of a dis- 
trict to repair a schoolhouse or abate a nuisance and to provide suitable out- 
houses. 

See also A (b2), State officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; B (d), State taxation for school pur- 
poses; E (b), General certificates; F (a), Teachers' contracts, duties, etc.; 
G (d), Teachers' institutes and summer schools; H (b). School census; K (b), 
Free textbooks; N (a), High schools; P (c), State universities and colleges; 
T (b), Schools for the deaf. 



86 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Arkansas: County court shall biennially appoint in each county, not divided 
into two judicial districts, one county examiner, and in county divided into 
two districts said court may appoint one examiner for each such district. 

County superintendent. — ^A county superintendent of schools shall be elected 
in each county for a term of two years, but the question of whether a county 
superintendent shall be elected in any county shall first be submitted to the 
qualified electors, and majority must favor such election. County examiner 
shall hold office until superintendent is elected and qualified. County super- 
intendent shall be at least 25 years old, shall have taught in the county at 
least 24 months within the preceding five years, and shall hold a first-grade, 
professional, or State teacher's license. He shall hold quarterly examinations, 
using questions furnished by State superintendent, and grant licenses to those 
passing satisfactory examinations. Qualifications required: Third grade, 
valid for six months, examination in spelling, reading, writing, English 
grammar, arithmetic, geography, and United States history; second grade, 
valid for one year, examination in subjects required for third grade and in 
history of Arkansas, physiology, and theory and practice of teaching; first 
grade, valid for two years, examination in subjects required for second grade 
and in civil government and elementary algebra. At request of a district 
board, superintendent may issue a certificate to teach a special subject in 
such district. Duties of su/perintendent : To keep accurate accounts with 
school districts ; keep a record of teachers and with dealers in school supplies, 
which supplies must have his approval ; furnish plans for the erection of new 
schoolhouses ; keep a record of amounts voted for various purposes in the 
several districts and sign warrants only for purposes for which money was 
voted at the last annual May meeting ; require monthly reports from teachers 
and term reports at the end of the term. Superintendent may cite any teacher 
to reexamination and may revoke license for cause. He shall assist in the 
use of adopted textbooks where county uniformity has been voted, and shall 
assist in district adoptions where county uniformity has not been voted ; he 
shall- prepare a course of study, following plans suggested hj State superin- 
tendent ; he shall see that districts are supplied with necessary blanks, etc. ; 
he shall keep a record of district boundaries and also a record of his official 
acts ; he shall devote his entire time to his duties and shall visit each school 
at least once a year; he shall make an annual report to the Stte superin- 
tendent; he shall hold a five-day county institute in June. Compensation of 
county superintendent shall be the same as the county judge of his county, 
but shall not exceed $1,200 nor be less than $600; he shall also receive fees 
for examining teachers. All laws applicable to the office of county exam- 
iner not in confiict with this act shall be applicable to the office of county 
superintendent. A city having a school population of 5,000 or more shall be 
exempt from the provisions of the act creating the office of county superin- 
tendent ; school board in such city shall have control and shall determine the 
course of study and fix the qualifications of teachers; the superintendent of 
schools duly elected therein shall have the powers and duties of a county 
examiner within said city. (Twenty counties have county superintendents.) 

County examiner. — The county examiner, before taking office, shall stand 
examination prescribed for applicants for first-grade license; State superin- 
tendent shall hold, or cause to be held, such examination. County examiner 
shall receive salary as fixed by county judges, but shall not receive more than 
county treasurer receives from applicants for teachers' licenses. He shall 
hold quarterly examinations of teachers, using questions prepared by State 
superintendent. He may hold a private examination on request of directors 



A (C2). COUNTY OFFICERS. 87 

of district in which applicant proposes to teach. He shall grant certificates 
to applicants showing required qualifications. He may cite to reexamination 
any holder of a license, and may revoke such license for cause. Grades of 
licenses shall be as already described under " County superintendent." Exam- 
iner shall make annual report to the State superintendent; he shall number 
the school districts of the county in order and shall keep a record of the 
same. County court may allow expenses for postage, records, etc., but not 
to exceed $25 in any one year. 

See also A (b2), State officers; B (e), State aid for elementary education; 
G (d), Teachers' institutes and summer schools; K (c), Uniformity of text- 
books. 

California: A county superintendent of schools shall be elected by the qualified 
voters; term, four years. Duties: To superintend schools of the county, ap- 
portion school moneys to districts, and may require county auditor to report 
amount of unapportioned funds on hand ; report districts having five or fewer 
pupils in attendance to county supervisors, who may declare district sus- 
pended or lapsed (district may be reestablished when eight in attendance is 
secured) ; apportion $550 to suspended district to be used in case of reestab- 
lishment; may ask that suspended districts be declared lapsed (suspended 
district may be merged with adjoining district; property of lapsed district 
shall be sold and proceeds given to district of which lapsed district becomes 
a part) ; on order of district school board, draw his requisition on county 
auditor for necessary expenses against the school fund of the district, and 
auditor on approving shall draw warrant in favor of claimant ; keep open to 
inspection a register of requisitions; visit and examine each school at least 
once a year; hold teachers' institutes, secure lecturers, report teachers for 
nonattendance ; enforce the use of course of study, the use of State text- 
books, rules for the examination of teachers; issue temporary teachers' cer- 
tificates; distribute blanks, etc., received for the use of school officers; keep 
in his office reports of State superintendent ; keep a record of his official acts 
and of the county board of education ; pass upon plans for schoolhouses except 
those in incorporated cities having school boards; appoint trustees to fill 
vacancies and trustees in new districts ; appoint a clerk and a janitor when 
trustees fail to do so ; report to State superintendent as required by him ; 
preserve reports of officers and teachers and deliver records, etc., to his 
successor; grade each school in July (no teacher holding certificate below 
grade fixed for school shall be employed to teach the same) ; approve con- 
tracts of districts with United States Government for the education of Indian 
children and receive and transmit funds for same to county treasurer; dis- 
approve orders from districts for want of funds in the treasury, but to indorse 
such orders for payment in future with interest ; give notice when funds be- 
come available that outstanding orders can be approved and paid; keep 
record of interest allowed on such orders and report the same to county 
treasurer and county auditor; he shall forfeit $100 for failure to so report; 
appoint teacher and keep school for six months when sufficient funds are 
available and trustees fail to do so. He may require trustees to repair build- 
ings, abate nuisances, etc., to cost not exceeding $50; may draw requisition 
for his necessary expenses allowed by law; may appoint a deputy, not to be 
paid out of the school fund (deputy's salary paid out of fund from which 
superintendent is paid). He shall make an annual statistical report to the 
State superintendent; keep transcript of boundaries of school districts, and 
when they are conflicting, board of supervisors shall correct them. He shall 



88 STATE LAWS RELATING TO PUBLIC EDUCATION. 

receive actual and necessary traveling expenses, not exceeding $10 per dis- 
trict. If receiving $1,500 or more salary, he shall have no other vocation. 

See also A (cl), Ck)unty boards; A (d), District boards and oflacers; A (f), 
Administrative units — districts, etc.; B (e). State aid for elementary educa- 
tion; C (c). Local taxation; F (a), Teachers' contracts, duties, etc.; F (c), 
Teachers' pensions; G (d), Teachers' institutes and summer schools; H (f), 
Compulsory attendance; N (a), High schools. 

Colorado: A county superintendent shall be elected biennially by the qualified 
electors of each county; county commissioners shall fill vacancy. Salaries: 
Counties of first class, $2,800 ; second class, $2,000 ; third class, $1,200 ; fourth 
class, $1,100 ; fifth class, $800 ; sixth class, $500 ; seventh class, $100 ; in all 
counties except those of the first and second classes county commissioners 
may allow traveling expenses ; commissioners shall furnish office and supplies 
at county seat. If superintendent is unable to perform duties, he may appoint 
a deputy; in counties of the first class superintendent, under direction of 
county commissioners, may appoint an assistant or deputy. Superintendent 
shall report annually to state superintendent as said superintendent may 
direct, and for failure to make such report he shall forfeit $100. Duties of 
county superintendent: To supervise schools generally; visit schools at least 
once in each quarter vrhile they are in session ; examine accounts of district 
officers ; keep a record of his own official acts ; obey instructions and decisions 
of State superintendent; held county teachers' associations; publish annually 
a statement of the apportionment of school funds. County superintendents 
shall, except in districts of the first class, fill vacancy in office of district 
director; he shall ascertain boundaries of school districts and keep a record 
of the same, and may harmonize boundaries where confiicts exist. He shall 
examine annual school census lists to detect duplications and errors. District 
secretary shall annually ascertain the number of blind and deaf persons be- 
tween 4 and 22 years old, and superintendent shall report the same to super- 
intendent of the school for the deaf and blind. Superintendent shall make 
quarterly apportionment of the general school fund and may apportion at 
other times when there is sufficient money ; he shall certify the same to county 
treasurer, and shall notify district clerks of amount apportioned; apportion- 
ment shall be made on basis of school census. County treasurer shall keep a 
separate account with each district; he shall place to credit of each district 
amount of money certified by county superintendent, and shall pay out the 
same on legally drawn warrants of districts, but if superintendent shall notify 
treasurer that any board of directors has not complied with the law, treasurer 
shall retain funds of said directors until further notice from superintendent. 
He shall render quarterly statements to district boards. 

See also A (b2). State officers; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; C (a). Local finance and support, gen- 
eral; C (c), Local taxation; E (b), General certificates; G (d). Teachers' 
institutes and summer schools; H (f), Compulsory attendance; H (g), Child 
labor; J (b). Medical inspection; N (a), High schools; P (c), State uni- 
versities and colleges; T (b), Schools for the deaf. 

Connecticut: See J (a), Health, general. 

Delaware: The general superintendence of the public schools of each county 
shall be vested in a county superintendent of schools; such superintendents 
shall be appointed by the governor ; term, two years ; salary, $1,200 each ; con- 
tingent fund, $300 annually. He must have had at least 20 months' experience 
as a teacher, must be a graduate of a reputable college or normal school, or 



A (C2). COUNTY OFFICERS. 89 

hold a certificate of the highest grade issued in the State, and must become 
and remain a resident of the county for which appointed. Duties: To advise 
with teachers and see that improved methods of teaching are introduced in 
the schools ; visit each school in the county at least once a year ; attend each 
stated meeting of the county school commission, and make such reports as 
may be required ; execute reasonable orders of the State board of education ; 
make statistical report of the schools of the county. He may suspend or 
withdraw a teacher's certificate, subject to appeal to State board of education. 
When directed by State board, county superintendent shall prepare ques- 
tions for the examination of teachers and shall conduct an examination of all 
teachers in his county; he shall issue certificates to applicants passing ex- 
aminations. The superintendent of each county shall hold at least once a 
year a teachers' institute of not less than three days' duration ; teachers shall 
be required to attend unless excused for good reason ; expenses not to exceed 
$150 for each county shall be paid out of the State treasury ; a colored in- 
stitute shall be held in Kent County, for which the State shall pay $150. 

"Under the rules of the State board of education certificates are issued, 
without examination, to graduates of colleges on an approved list, upon ap- 
plication, if the applicant establishes proof of good character, successful 
teaching experience (if any), and has pursued study of pedagogy to include 
management, methods of teaching, psychology, history of education. Limited 
secondary certificates and elementary certificates are issued through county 
superintendents' examinations." — State commissioner of education. 

See also A (bl), State boards; A (cl), County boards; F (a), Teachers' 
contracts, duties, etc.; H (f). Compulsory attendance; H (g), Child labor. 

Florida: A county superintendent of public instruction shall be elected by the 
qualified electors in each county; term, four years. Duties: To inspect 
county with a view to ascertaining proper places for location of schools ; visit 
each school at least once each term ; seek to increase interest in public educa- 
tion ; confer with district supervisors and see that they perform their duties, 
keeping them supplied with school laws, blanks, etc. ; select suitable persons 
as school supervisors ; keep a record of the location of each school and of his 
expenses incurred in visiting schools ; furnish to State superintendent names 
and addresses of all county school officers ; decide questions and disputes when 
submitted to him and refer the same to county board of education ; guard the 
interests of the county in its contracts and see that funds apportioned to or 
raised by county are devoted to proper purpose ; revoke or suspend teachers' 
certificates for cause and suspend those issued by other authority; forward, 
as secretary of county board, certified copies of tax collector's monthly lists 
of poll taxes to State superintendent of public instruction. Salaries of county 
superintendents shall be based on receipts of county for school purposes, ex- 
clusive of borrowed money, as follows : Less than $14,000, not less than $50 
per month ; $14,000 to $20,000, not less than $75 ; $20,000 to $40,000 ; not less 
than $100 ; $40,000 to $70,000, not less than $125 ; $70,000 to $100,000, not less 
than $150 ; $100,000 to $120,000, not less than $175 ; $120,000 to $200,000, not 
less than $200. County treasurers shall be treasurers of the school funds of 
their respective counties. 

See also A (b2). State officers; A (cl), County boards; E (b). Teachers' 
certificates, general; F (a). Teachers' contracts, duties, etc.; H (g), Child 
labor; K (c), Uniformity of textbooks. 

Georgia: A county superintendent of education shall be elected by the qualified 
electors of each county; term, four years. Duties: To enforce all regulations 



90 STATE LAWS RELATING TO PUBLIC EDUCATION. 

and Instructions of the State superintendent of schools and of county board 
of education according to law and regulations of State board of education; 
cooperate with State supervisors in the superintendence of county normals 
and institutes; visit each school under his supervision at least once every 
60 days; superintend examination of applicants to teach; suspend any 
teacher for cause, but appeal shall lie to county board of education, thence 
to State superintendent, thence to State board of education, whose decision 
shall be final. Qualifications of county superintendent: Must have had at 
least three years experience in teaching, hold a first-grade license or diploma 
from a reputable college or normal school, or have had five years' experience 
in supervision of schools, or stand an examination before the State board, 
and must be a resident of the county and of good moral character. Each 
county superintendent shall receive out of State school funds a minimum 
salary of $450 per annum and $150 to pay expenses of visiting schools ; county 
board may allow additional salary. He may be removed for cause by 
county board of education or State superintendent of schools, subject to ap- 
peal to State board. He shall be the medium of communication between the 
State superintendent and subordinate school officers; shall be the agent of 
the county board in the purchase of furniture and supplies; shall see that 
none but prescribed textbooks are used; shall audit accounts of teachers 
and others before county board shall order the same paid; shall keep a 
record of his official acts and turn over all official documents to his suc- 
cessor. He shall report annually to the spring term of the grand jury and 
shall place his books before such jury for examination. Comity board of 
education shall fill vacancies in office of county superintendent. 

See also A (b2), State officers; A (cl). County boards; B (e), State aid 
for elementary education; E (b). Teachers' certificates, general; G (d), 
Teachers' institutes and summer schools; K (c), Uniformity of textbooks; 
U (e), Schools for dependents and delinquents. 

Idaho: There shall be elected biennially a county superintendent of schools; 
he shall take oath and give bond in penal sum of not less than $2,000 ; must 
be a qualified elector, over 25 years old, hold a State or life certificate, and 
have had at least two years' experience as a teacher, one of which must have 
been while holding not lower than a State certificate. Duties: To have charge 
and supervision of public schools, except those in class A independent dis- 
tricts ; visit each school at least once a year and remain one-half day ; per- 
form such other supervisory duties as State board of education may direct; 
organize teachers' meetings ; designate five days in a month to be at his office ; 
employ such assistants as the work of his office may require. County commis- 
sioners shall furnish superintendent with office, fixtures, blanks, etc. He may 
require district trustees to conform to rules of State board of education 
regarding sanitation, etc., of schoolhouses ; he shall keep a record of his official 
acts, preserve all reports, etc., and keep a register of teachers; he shall hold 
four regular examinations of teachers annually and give 15 days' notice prior 
to each; he shall report annually to State superintendent; he shall see that 
boundaries of districts are definitely described and report incorrect descrip- 
tions to county commissioners ; he shall appoint trustees for newly organized 
districts, except for independent districts. For failure to make report to State 
superintendent as required county superintendent shall forfeit $100. 

See also A (bl), State boards; A (b2). State officers; A (d), District 
boards and officers; A (f). Administrative units — districts, etc.; B (a). Gen- 
eral State finance and support; E (b), Teachers' certificates, general; F (a), 
Teachers' contracts, duties, etc.; G (d). Teachers' institutes and summer 



A (C2). COUNTY OFFICERS. 91 

schools; H (f), Compulsory attendance; L (a), Course of study; L (k), Days 
of special observance; N (a), High schools; T (b), Schools for the deaf. 

Illinois: A county superintendent of schools shall be elected in every counts 
in the State by the qualified electors thereof; term, four years. Said super- 
intendent shall report annually to the State superintendent; he shall report 
quarterly to county board regarding his acts as superintendent; he shall 
make an annual financial statement to the county board. He shall keep a 
record of all petitions for the sale of school lands, a complete record of such 
sales when made, and an account of all moneys received and paid out, and 
shall make an annual statement of the same to the county board, the state- 
ment of the fund of each township to be kept separate. When township 
trustees fail to give county superintendent the information required by this 
act, said superintendent shall employ a competent person to take the enu- 
meration and furnish the required information and the compensation of such 
person shall be paid out of the township fund and superintendent shall re- 
cover the same from said trustees and repay the township. It shall be his 
duty to approve and file bonds of township treasurers. He shall apportion 
the State school fund to townships according to the number of persons under 
21 years old residing therein. Further duties: To execute a new official bond 
when required by county board; sell township-fund lands and perform all 
duties pertaining thereto; register applicants for normal school and uni- 
versity scholarships and hold examinations for the same; visit each public 
school in the county at least once a year ; direct teachers and school officers 
in the science and art of teaching and in regard to courses of study ; carry 
out instructions of state superintendent; conduct a teachers' institute and 
aid in the formation of teachers' meetings; examine at least annually the 
books of township treasurer and evidences of indebtedness held by them 
and report irregularities to township trustees; give notice of school election 
when treasurer or trustees fail to do so ; investigate and determine all mat- 
ters pertaining to district boundaries which may come to him by appeal from 
township trustees; preserve all polls of elections and reports of township 
treasurers and school trustees; hold meetings at least quarterly for the ex- 
amination of teachers; grant certificates to teachers and keep a record of 
certificates and teachers employed ; notify townships and districts of amounts 
of money apportioned to the same ; keep in his office a map showing district 
boundaries; furnish township treasurers with lists of districts in their 
several townships. Powers of county superintendents: To require township 
trustees to make annual report; recommend to State superintendent the 
remission of the penalty, for failure of trustees to report ; renew teachers' 
certificates by indorsement; revoke a teachers' certificate for cause; direct 
manner of keeping township treasurer's accounts; bring suit against county 
collector for failure to pay the amount due on the auditor's warrant ; remove 
any school director for vrillful failure to perform his official duties; employ 
assistant or assistants, with the approval of the county board ; define school- 
district boundaries where defects exist. In all school controversies the 
opinion of the county superintendent should be sought, but appeal may be 
taken to State superintendent. 

See also A (b2). State officers; A (cl). County boards; A (d), District 
boards and officers; B (a), General State finance and support; B (b). State 
school lands; C (a), Local finance and support, general; C (c), Local 
taxation; E (b). Teachers' certificates, general; G (b), State normal schools; 
G (c). County and local normal schools; G (d), Teachers' institutes and 
summer schools; P (c). State universities and colleges. 



92 STATE LAWS RELATING TO PUBLIC EDUCATION". 

Indiana: The township trustees of each county shall meet at the office of the 
county auditor every four years on the first Monday in June and elect a 
county superintendent of schools. Such superintendent may be impeached 
for immorality, incompetency, or neglect of duty or for acting as agent for 
textbooks, furniture, or supplies. No person shall be eligible to the office who 
has not been engaged in school work for at least 2 years out of the preceding 
10 years and hold either a 3-year State license, a 60-months' license, a life 
or a professional license. Said superintendent shall be entitled to travel- 
ing expenses of not exceeding $100 annually. County commissioners may au- 
thorize the superintendent to appoint an assistant. Duties: To superintend 
schools of the county generally; attend each township institute at least once 
each school year; visit schools; conduct teachers' institutes; determine con- 
troversies arising under the school law, but, except on local questions, appeal 
may be taken to State superintendent; carry out the orders and instructions 
of the State board of education and the State superintendent. City schools 
having superintendents shall, on request of the school boards thereof, be 
exempt from supervision by county superintendent. Said superintendent shall 
provide for examinations of candidates for graduation from the common 
schools, and those who pass successfully shall be entitled to enter any high 
school in the State; he shall likewise hold examinations of candidates for 
graduation from township graded or town graded high schools not employing 
a superintendent. He shall have census of children of school age taken In 
any township when trustee fails to take the same ; he shall annually furnish 
to State superintendent a report of the enumeration of children of school age, 
but State superintendent may, on finding evidence of incorrect enumeration, 
require county superintendent to have a new enumeration made. County 
superintendent shall also make an annual statistical report to the State 
superintendent. He shall furnish to the county auditor the enumeration of 
school children which shall be the basis for the apportionment of the school 
revenue to townships, districts, etc. He shall recover from officers charged 
with handling interests, fines, forfeitures, licenses, and other claims due the 
school funds such fines, etc., for the school fund. He shall see that the full 
amount of interest on the school fund is paid and apportioned. Appeals to 
county superintendent shall be allowed from township trustees, and the de- 
cision of said superintendent shall be final on local matters. 

See also A (bl). State boards; A (b2), State officers; A (cl). County 
boards; A (d). District boards and officers; B (e), State aid for elementary 
education; D (a). Buildings and sites, general; E (b), Teachers' certificates, 
general; G (d), Teachers' institutes and summer schools; H (f), Compulsory 
attendance; K (c), Uniformity of textbooks; O (a). Industrial education, 
general. 

Iowa: A county superintendent for each county shall be elected by a conven- 
tion of the representatives of each school township, city, town, or village 
independent district and independent consolidated district in the county; 
each such corporation shall be entitled to one vote; convention shall be 
called by county auditor; term of superintendent, three years. Duties: To 
serve as the organ of communication between the State superintendent and 
local school officers; visit schools of the county at least once each year; 
file monthly statement of expenses with county auditor; hold annually a 
normal institute for teachers, which shall continue for not less than six 
days; keep an account of receipts and disbursements of the institute fund; 
make annual statistical report to the State superintendent; report number 
of children of school age to county auditor; report number of blind, deaf. 



A (C2). COUNTY OFFICEES. 93 

and feeble-minded children to principals of State schools for such children; 
see to enforcement of school laws. He may hold a summer school for 
teachers of from four to six weeks' duration. Any person aggrieved by any 
decision of the board of directors of any school corporation may within 30 
days appeal to the county superintendent by affidavit filed with said super- 
intendent; after notice to secretary of corporation from which appeal is 
taken said superintendent shall hear and determine the case, but appeal 
may in like manner be taken to State superintendent, whose decision shall 
be final; neither State nor county superintendent may render judgment for 
money. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; D (a). Buildings and sites, general; E (b), Teachers' cer- 
tificates, general; H (e). Consolidation of districts, etc.; H (f). Compulsory 
attendance; K (c). Uniformity of textbooks; N (a), High schools; S (b), 
Public-school libraries; T (b). Schools for the deaf. 

Kansas: A superintendent of schools shall be elected by the qualified voters of 
each county; term, two years. Qualifications: He shall hold a professional 
certificate, first-grade certificate, or a State certificate, or be a graduate of 
an accredited college or normal school and must have taught at least 18 
months. General duties: To visit each school at least once a year for 
purpose of correcting deficiencies, advising teachers, noting condition of 
school property, and examining accounts and records of district officers; 
encourage the formation of teachers' associations and attend the same when 
possible; attend the normal held in his county and encourage teachers to 
attend; hold a public meeting in each school district at least once a year; 
keep his office open on Saturday of each week, and if receiving more than 
$600 per annum, keep office open when not absent on official duties ; keep a 
record of his official acts; keep a record of each candidate for a teacher's 
certificate and of each certificate granted; keep a register of each teacher 
employed in his county, where employed, salary, certificate held, and dates 
of opening and closing school; keep a record of semiannual apportionment 
of State and county funds ; make quarterly statement to State superintendent 
of duties performed by himself ; obtain annually from county clerk and trans- 
mit to district clerks certified statement of property valuation of their 
respective districts. Superintendent shall apportion State and county funds 
to districts on basis of school population, but no district maintaining school 
for less than three months in last preceding year shall be entitled to such 
apportionment. He shall furnish to county clerk and to each assessor 
descriptions of district boundary lines; where record of boundary lines has 
been lost or an error has been made he shall reestablish such lines. He 
shall make to State superintendent an annual statistical report of all matters 
pertaining to the schools of the county. Compensation: In counties having 
less than 500 school population, exclusive of those in cities of the first and 
second classes, $3 per day for not exceeding 180 days in any year; 500 to 
1,000 school population, $3 per day for not exceeding 200 days in any year; 
1,000 to 1,500 school population, $750 per annum; more than 1,500 school 
population, $800 per annum and $20 additional for each 100 persons in 
excess of 1,500, but not to exceed $1,200 per annum; $1 additional shall be 
allowed for each teacher employed; in counties of from 50,000 to 90,000 
population, salary shall be $1,800 per annum. County commissioners may 
deduct $5 for each school not visited and observed for two hours. In 
counties having 125 to 200 teachers clerk hire to extent of $360 may be 
allowed; over 200 teachers, $400. Superintendent shall be allowed station- 



94 STATE LAWS EELATING TO PUBLIC EDUCATION. 

ery, postage, etc., and $1 as traveling expenses for each school visited. 
County superintendent shall fill vacancy in district school board until next 
annual meeting. County commissioners shall fill vacancy in office of county 
superintendent, and may appoint person from outside the county when 
qualified person is not available within the county. Superintendent may 
purchase and furnish to districts records, registers, etc. Superintendent 
may change boundaries of school districts after giving notice, but no new 
district shall have less than 15 persons of school age, and no district shall 
be reduced so that bonded indebtedness shall exceed 5 per cent of property 
valuation; person interested may appeal from action of county superin- 
tendent to county commissioners. Superintendent may organize districts 
within Indian reservation. When new district is formed such district shall 
be entitled to such proportion of value of school property as property valu- 
ation of new district bears to valuation of old. When a school district has 
become depopulated (has fewer than five voters and seven persons of. school 
age) and has fioating indebtedness county commissioners shall levy tax on 
property of such district to pay such indebtedness ; after indebtedness is paid, 
county superintendent may disorganize depopulated district ; county superin- 
tendent may disorganize a partially depopulated district (one having fewer 
than 12 persons of school age), but partially depopulated district shall be 
entitled to such proportion of value of school property as property valuation 
of new district bears no valuation of old. When a school district has become 
depopulated and has floating indebtedness county commissioners shall levy 
tax on property of such district to pay such indebtedness ; after indebtedness 
is paid county superintendent may disorganize a partially depopulated dis- 
trict (one having fewer than 12 persons of school age), but partially de- 
populated district shall not be disorganized unless two-thirds of voters 
thereof shall so petition and unless approved by county commissioners; 
superintendent may with approval of county commissioners attach disorgan- 
ized district to adjacent district. Funds and property of disorganized dis- 
trict shall be applied to the payment of its debts, and any balance shall be 
credited to the district to which such disorganized territory is attached; 
territory disorganized shall not be liable for debts or contracts of district 
to which attached. District not maintaining school for three months for 
three consecutive years and not paying transportation of its pupils to other 
schools shall be annexed to adjoining districts. When sick or absent, county 
superintendent may employ a deputy. County superintendents are desig- 
nated as agents of State orphans' homes of their respective counties, and as 
such shall visit such homes and report to trustees on conditions, etc. Un- 
lawful for county superintendent to purchase school lands; he shall make 
complaint of trespass on school lands. 

See also A (b2), State officers; A (d), District boards and officers; A (f). 
Administrative units — districts, etc.; B (c), Permanent State school funds; 
C (a). Local finance and support, general; D (c). Care, sanitation, etc., of 
schoolhouses ; E (b), Teachers' certificates, general; G (d), Teachers' insti- 
tutes and summer schools; H (e). Consolidation of districts, etc. ; H (f), Com- 
pulsory attendance; K (c), Uniformity of textbooks; N (a), High schools. 

Kentucky: There shall be a county superintendent in each county, of good 
moral character and ability; he shall possess a good English education and 
be competent to examine teachers; 24 years of age, a citizen of Kentucky. 
He shall hold from State board of examiners a State diploma or State cer- 
tificate, or their equivalent based on personal examination. This certificate 
shall not entitle holder to teach in the common schools; in counties embrac- 



A (C2). COUNTY OFFICERS. 95 

ing cities of tlie first class ouly residents of the county outside of such city 
or town shall be eligible ; certain county officers, school trustees, and teachers 
while teaching, ineligible ; county superintendent shall devote all his time to his 
office; shall be elected by qualified electors in school election in November 
and hold office for four years from the next January ; in case of controversy 
State superintendent shall have power to recognize; he shall give bond and 
be paid a salary of from $600 to $2,500. Duties: To report June 1 to State 
superintendent on school census of county and of each sub district and be 
individually responsible to teachers for losses from errors made by him ; shall 
base his reports on census report of the subdistrict trustee taken in April 
previous; report number and cost of textbooks needed by indigent children; 
county judge shall purchase these books and turn them over to county super- 
intendent for distribution, but total cost shall not exceed $100 per annum. 
Superintendent shall report additional facts when interests of schools de- 
mand ; pay teachers on second Saturday in October for the months completed 
and thereafter monthly ; provided that teacher who may violate his contract 
forfeits balance due. Any county superintendent willfully making false re- 
port to State superintendent shall be guilty of felony, suffer fine and im- 
prisonment, or both, and be removed from office; all sums recovered from 
him shall be paid into the school fund. On or before August 1 county super- 
intendent shall settle with county judge and refund to State treasurer any 
part of county fund then on hand; county judge shall compel settlement if 
necessary ; if county superintendent willfully fails to pay out funds in hand, 
he shall be guilty of a misdemeanor and liable to fine ; on or before August 1 
he shall mail to State superintendent detailed report of county schools un- 
der penalty; shall keep detailed account of money received and disbursed, 
which shall be open to inspection; he may administer oath to trustee or 
teacher; attend in his office at county seat on second Saturday in each 
month and at other times when necessary; shall not buy teachers' claims 
for himself or others or act as agent for sale of textbooks under penalty; 
may suspend or remove school trustee; decide all questions of difference or 
doubt touching administrative duties of officers and teachers, subject to ap- 
peal to State superintendent. If county superintendent dies or vacates for 
any reason, county judge may appoint successor; county court may remove 
county superintendent, who, when leaving office for any reason, must deliver 
books, etc., to his successor and settle with county court within 10 days. 
He shall, in each county where a railroad or bridge is operated, furnish to 
the operating company the boundary of each graded or common school dis- 
trict through or into which said property is operated, and taxes levied against 
such company shall be paid to the superintendent for benefit of the district 
and apportioned between white and colored schools ; rate of tax levied on real 
estate shall be levied also on such railroad or bridge company. 

See also A (b2), State officers; A (f), Administrative units — districts, etc.; 
E (b), General certificates; G (b), State normal schools; G (d), Teachers' 
institutes and summer schools; H (f). Compulsory attendance; H (g), Child 
labor; P (c), State universities and colleges; S (b). School libraries. 

Louisiana: Board of directors of public schools of each parish (county) shall 
elect parish superintendent ; term, four years. Said superintendent shall not 
be otherwise employed, except that in counties having fewer than 30 white 
teachers he may act as high-school principal ; shall have executive ability, hold 
first-grade certificate, and shall have had at least three years' teaching experi- 
ence within preceding five years, or shall have served as parish superintendent 
for one year during preceding three years; shall be ex officio secretary of 



96 STATE LAWS RELATING TO PUBLIC EDUCATION. 

parish board of directors ; shall receive annual salary of not less than $600, to 
be fixed by said board; shall annually report to State superintendent; shall 
keep record of school business ; may administer oath ; shall maintain oflSce at 
parish seat ; shall make quarterly reports to parish board. 

Superintendent of public schools in every parish (parish of Orleans ex- 
cepted) shall be treasurer of school funds; said treasurer shall give bond at 
least equal to amount handled, school board to pay premium ; shall receive no 
pay as treasurer; shall deposit funds in banks designated by parish board; 
shall pay out money only on orders drawn by president and countersigned by 
secretary of parish board. Each school board shall annually adopt a budget 
of revenues and of expenditures; except in parish of Orleans expenditures 
shall not exceed 95 per cent of revenues. Treasurer shall be liable for any 
expenditure made beyond the budget. Surplus 5 per cent of revenues in 
parish of Orleans shall be applied to indebtedness of previous years. Every 
parish board shall annually take census of educable children ; not more than 
3 cents shall be paid for enumeration of each such child. 

See also A (b2), State officers; A (cl). County boards; E (b), Teachers' 
certificates, general; G (d). Teachers' institutes and summer schools; H (g), 
Child labor. 

Maryland: Shall be duty of county superintendent to examine candidates 
and give certificates to teach; certificates shall be numbered and registered; 
first-grade certificates shall embrace: Orthography, reading, writing, arith- 
metic, geography, United States history, English grammar, bookkeeping, 
algebra, natural philosophy, physiology, plane geometry (four books), gen- 
eral history, national and State constitutions, theory and practice of teach- 
ing, laivs and l^y-laws of puUic-school system of Maryland. Second-grade 
certificate shall embrace such of the above subjects as are in italics, algebra 
to quadratics, and history of Maryland ; " such a certificate held by a person 
who obtains a school within six months " shall not hold for longer than 6 
months after acceptance, but county superintendent, if satisfied, may issue 
certificate for 5 years; if school is not obtained within 6 months, no new 
examination shall be required for 15 months; male teachers shall be 19 
years old; female, 18 years; county superintendent shall hold regular exami- 
nation for teachers ; no fees for issuing certificates allowed. County super- 
intendent or his assistant shall visit schools in his county three, two, or one 
time each year, in proportion to number of schools; in counties where 
teachers exceed 175 county board may appoint an assistant county superin- 
tendent; board may appoint grade supervisor; where teachers exceed 150 
one additional supervisor may be appointed and one for every additional 100 
teachers; supervisors must have had five years' experience in elementary 
grades. As secretary and treasurer of county board, superintendent shall 
give bond and shall devote all his time to the schools; on or before January 
15 he shall report to comptroller how many months schools have been kept 
open. 

See also A (bl), State boards; A (b2). State officers; A (cl), County 
boards; G (d). Teachers' institutes and summer schools; H (f), Compulsory 
attendance; H (g). Child labor. 

Michigan: At each annual meeting of the several boards of supervisors of the 
different counties the said several boards of supervisors shall appoint one 
examiner, who shall serve for a term of two years, and who shall have 
taught at least nine months and shall hold at least a second-grade certificate. 
There shall be elected by the qualified voters of each county a county com- 



A (C2). COUNTY OFFICERS. 97 

missioner of schools to hold office for four years. Qualifications of said eom- 
missioner: Twelve months' experience as a teacher; graduation from a 
reputable college, university, or State normal school, or holding a State 
teacher's certificate or first-grade certificate, or incumbency in the office at the 
time of the passage of this act, or holding a second-grade certificate in coun- 
ties employing fewer than 50 teachers. The board of school examiners, which 
shall consist of said examiners and commissioner, shall hold at the county 
seat two examinations of teachers each year, and from such examinations 
certificates of all grades may be granted. 

No certificate shall be granted to any person who shall not have passed a 
satisfactory examination in orthography, reading, writing, grammar, geog- 
raphy, arthmetic, theory and art of teaching. United States history, civics, 
physiology and hygiene, school law, agriculture, and course of study 
prepared by the State superintendent. Any commissioner may, on 
request of the holder of a second-grade certificate, send the papers written 
by such person to the examiners of another county for examination 
and grading. Board of examiners may renew the certificate of any 
person having previously made a grade of 85 per cent and having taught 
continuously. An indorsed first-grade certificate may be renewed in the county 
where issued or where holder is teaching. State superintendent shall prepare 
questions for examinations and shall prescribe form of certificates. There 
shall be three grades of certificates : First grade valid for four years through- 
out the State and granted only to those who have taught at least one year; 
second grade valid for three years in the county where issued and granted 
only to those who have taught seven months ; third grade, class A, valid for 
three years in primary grades of county where issued and granted only to 
those who have taught at least three years in such grades ; third grade, class 
B, valid for one year in any school in the county where issued. All exam- 
ination papers for first grade, together with certificate, shall be forwarded to 
State superintendent within 10 days after examination; any applicant may 
appeal to State superintendent from the gradings made by board of ex- 
aminers. The board of school examiners may for cause suspend any teacher's 
certificate issued by them; such suspension shall be only after a hearing 
granted, unless teacher shall fail to appear within a reasonable time after 
notice ; county commissioner of schools may temporarily suspend a certificate ; 
an aggrieved teacher may appeal from decision of commissioner or board 
of examiners to the probate court. Duties of county commissioner: To send 
notice of his assumption of office to State superintendent; keep record of 
official acts of board of examiners ; receive institute fees and pay the same 
quarterly to county treasurer; keep a record of all certificates granted, sus- 
pended, or revoked; furnish annually to township clerks and district school 
officers lists of persons authorized to teach; visit schools at least once in 
each year, and may employ a clerk in county having 100 or more school- 
rooms; counsel with teachers and school boards regarding course of study 
and management of schools and inspect accounts and records when directed 
by State superintendent ; promote the improvement of the schools and act as 
assistant conductor of institutes appointed by State superintendent; receive 
and verify the duplicate annual reports of township clerks and forward one 
copy of each to the State superintendent ; be subject to instruction and rules 
of the State superintendent; perform other duties required by law. Salary 
of county commissioners: Not less than $500 in any county having 50 school- 
rooms; more than 70 schoolrooms, $700; 100 schoolrooms, $1,000; 125 school- 
rooms, $1,200; 150 schoolrooms, $1,350; 175 schoolrooms, $1,500; over 300 
3966°— 15 7 



98 STATE LAWS RELATING TO PUBLIC EDUCATION. 

schoolrooms, $2,000. County examiners shall each receive $4 per day and 
expenses while employed. The necessary traveling expenses of the commis- 
sioner shall be paid. No State superintendent, institute instructor, county 
commissioner, or examiner shall act as agent for school furniture, textbooks, 
or apparatus. Board of supervisors of the county shall fill vacancy in office 
of commissioner. Incorporated cities employing a principal of a high school 
and a superintendent devoting at least one-third of his time to supervision 
may license their own teachers, subject to approval of the State superin- 
tendent; all licenses and certificates, by whatever authority issued, shall be 
granted only in accordance with such terms and conditions as shall be pre- 
scribed by the State superintendent. 

County clerk shall receive all communications, blanks, and documents 
transmitted to him by State superintendent, and shall distribute the same as 
directed by said superintendent; he shall file the annual reports of the sev- 
eral school inspectors; he shall file notice from State superintendent of 
amounts apportioned to the several townships of his county and furnish a 
copy of the same to the county treasurer; the county treasurer shall apply 
for and receive funds due his county, and shall give notice of amount due 
each township to such township. 

See also A (b2), State officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; G (c), County and local normal schools; 
H (f). Compulsory attendance; N (a), High schools; O (b), Agricultural 
schools; S (b). Public-school libraries. 

Minnesota: County superintendent, elected at general election, shall serve four 
years; may be removed by governor for cause. Duties and powers: To visit 
each school in county at least once In each term and instruct same, except 
those under immediate charge of a city or district superintendent; organize 
and conduct teachers' institutes; encourage teachers' associations; advise 
teachers and school boards as to best methods of instruction, most approved 
plans for building and equipping schoolhouses and ornamenting school grounds, 
and use by pupils ; stimulate school officers to proper discharge of duties ; re- 
ceive and file reports ; report to State superintendent ; call meetings of district 
officers of county to discuss school matters; keep record of examinations of 
candidates for teachers' certificates, and record of certificates of those teaching 
in his county ; make annual report to county auditor showing number of pupils 
enrolled in each district, and showing months each school was taught. 
County superiQtendent may appoint, at his own expense, a deputy superin- 
tendent for not more than 60 days in any one year; may hold county 
such institute in any one year, or one annual county institute not to exceed 
five days, and require attendance of all teachers except those in high graded 
schools. Teachers in regular attendance at institutes shall receive full pay 
for time so spent. County commissioners shall allow personal expenses 
for county superintendents at institutes, not to exceed $50 in any one 
year. County board shall allow county superintendent actual and necessary 
traveling expenses. The salary of county superintendent shaU be computed 
at rate of $15 per school until amount reaches $1,000; when amount thus 
computed is more than $1,000, rate shall be $12.50 per school up to $2,000, 
but in no case shall salary computed at $12.50 rate be less than $1,000. 
County board may fix salary of county superintendent at a sum higher than 
$2,000. The foregoing salary provision shall apply to all counties except those 
having a population of 150,000 or more, where salaries shall remain as now 
fixed by law, and except in counties where such salaries are fixed by special 
law. County board shall pay necessary office expenses of county superintend- 



A (C2). COUNTY OFFICEKS. 99 

ent. In counties containing not less than 75 nor more than 124 schools, county 
superintendent may appoint one assistant for part time; in those containing 
125 to 240 schools he shall appoint one assistant for entire time ; in those over 
240 schools, two assistants for entire time. Assistant county superintendents, 
serving entire time, shall receive no less than $600 nor more than $1,500 per 
year ; said assistants shall have had at least 18 months' experience in teach- 
ing and shall hold teachers' certificates equivalent to diplomas of a Minne- 
sota normal school, but where two assistants are employed, only one need 
meet these requirements ; assistants, at the time of appointment, may or may 
not be residents of counties where appointed. 

See also A (b2). State officers; A (d). District boards and officers; A (e), 
School meetings, elections, etc.; A (f). Administrative units — districts, etc.; 
B (d). State taxation for school purposes; E (b). Teachers' certificates, gen- 
eral; H (f), Compulsory attendance; K (c), Uniformity of textbooks; N (a), 
High schools; U (e), Schools for dependents and delinquents. 

Mississippi: Duties of county superintendent: To employ teachers recommended 
by local trustees; examine reports and issue pay certificates; fix salaries of 
teachers and make contracts; enforce course of study as adopted by State 
board of education and uniform textbooks as adopted by county; enforce 
regulations on examination of teachers; visit schools; select and employ 
teachers when local trustees fail to do so; administer oaths; distribute laws 
and forms; preserve reports, books, etc., and deliver the same to his suc- 
cessor; make, on or before October 1, an annual report to board of super- 
visors and to mayor and board of aldermen in case of municipality consti- 
tuting a separate school district; keep proceedings of county school board; 
keep list of teachers examined, licensed, and employed; make annual report 
to State superintendent by October 20 under penalty of $50 and to board of 
education on demand; shall be at his office on Saturdays of each scholastic 
month, fined if absent without excuse; shall make monthly reports to the 
local authorities, and shall not have salary allowed till these are on file. 
Salary fixed at 5 per cent of total school fund received by county annually ; 
salary shall not exceed $1,200 nor fall below $720, but board of supervisors 
may fix salary between $1,200 and $1,800, and then superintendent shall de- 
vote his whole time to his office; separate school districts shall pay their 
proportionate part. County superintendent shall visit all schools in his 
county at least once during term ; shall correct deficiencies in classification 
or call attention to same ; shall note condition of property, branches taught, 
and ability of teacher; penalty if he fails to visit schools; he shall settle 
disputes; may suspend teachers and trustees, and in conducting inquiries 
and trials shall have powers of justice of peace; he may revoke teacher's 
license for cause ; shall be in his office fourth Saturday in September in each 
year to receive certificates of election of trustees, furnish them blanks, etc. ; 
shall not speculate in teachers' warrants; may appoint deputy, who must 
have qualifications of a first-grade teacher and receive not less than 75 per 
cent of salary of county superintendent. County superintendent shall prepare 
on township blanks outline map showing sections and parts of sections em- 
braced in each school district outside of separate school districts and paste 
same in school register before delivering to teacher. Term of superintendent, 
four years; elected as other county officers after passing examination for 
first-grade license and on art of teaching given by State board of examiners 
under regulations of State board of education, either in his own county or at 
Jackson; shall take oath, give bond, keep record of official acts, deliver rec- 
ords, etc., to successor ; shall not teach during his term of office. 



100 STATE LAWS RELATING TO PUBLIC EDUCATION. 

County treasurer and treasurer of every municipality constituting a sepa- 
rate school district shall give additional bonds not less than amount of funds 
they are likely to handle ; treasurers of the Chickasaw cession counties shall 
give additional bonds also; these bonds shall be cumulative and treasurers 
shall be liable on their official bonds for all school funds; they shall make 
reports in January and June of moneys accruing to school funds and shall 
keep separate and distinct accounts of the various sources from which de- 
rived; they shall receive, pay out money, and make annual report of same, 
showing the sources, the disbursements for the several purposes, and the 
amount of school warrants unpaid; treasurer shall also make special report 
of receipts and disbursements of township funds; treasurers failing to make 
such reports shall be proceeded against in criminal action ; county treasurer 
shall on receipt pay over to treasurer of a municipality in his county which 
is a separate school district all money to which such district is entitled and 
treasurer of such district shall perform like duties as are devolved on county 
treasurers. 

See also A (bl), State boards; A(b2), State officers; A(cl), County boards; 
A (d), District boards and officers; A (f), Administrative units — districts, 
etc.; B (b), State school lands; B (e). State aid for elementary education; 
C (b), Local bonds and indebtedness; E (b), Teachers' certificates, general; 
F (b), Teachers' salaries; H (c), School year, month, day, etc.; H (g). Child 
labor; K (c), Uniformity of textbooks; N (a), High schools; Q (b), Agri- 
cultural colleges; S (b), PubUc-school libraries. 

Missouri: A county superintendent of public schools shall be elected in each 
and every county by the qualified voters at the annual school meetings; 
term, four years. Qualifications: At least 24 years old ; citizen of the county ; 
shall have taught or supervised schools during two of four years next 
preceding or spent two years next preceding in a normal school, and shall 
hold a diploma from a State normal school or from teachers' college of the 
university, a State certificate, or first-grade county certificate. Any vacancy 
shall be filled for the unexpired term by the governor. Superintendent shall 
take oath of office and give bond for twice the amount of his salary. Powers 
and duties: To have general supervision over all the schools of his county, 
except in city, town, and village districts employing a superintendent who 
devotes at least one-half of his time to supervision ; visit each school under his 
supervision at least once each year; examine the classification of pupils, 
methods of instruction, discipline, etc., and make suggestions to teachers; 
shall examine school property and report on conditions to district board; 
shall examine teacher's register and district clerk's record and see that 
they are kept according to law; shall furnish annually statements to district 
clerks showing the assessed valuation of their districts; shall receive and, 
if properly made, approve estimates and enumeration lists and turn them 
over to county clerk; shall see that all warrants are properly drawn. He 
shall hold not fewer than six public educational meetings each year, and it 
shall be the duty of directors and teachers to attend when it will not inter- 
fere with their school work. He shall adopt a course of study and plan 
for grading and require the same to be followed as nearly as practicable ; he 
shall inaugurate a system of final examination and graduation of pupils ; shall 
examine the records of the county in so far as they relate to school moneys ; 
shall attend the August term of the county court. The instruction of the 
State superintendent shall be his guide in interpreting the school law. He 
may organize a county teachers' association to be held for three days in the 
fall. He shall report annually to the State superintendent, and shall require 



A (C2). COUNTY OFFICERS. 101 

term report from each school. He shall distribute to school oflBcers blanks 
furnished by State superintendent. He shall not engage in teaching or 
other work to interfere with his supervisory duties ; he shall spend five days 
each year attending conventions called by State superintendent or 20 days 
in State university or normal school, or as State superintendent may pre- 
scribe, in studying rural-school problems. 

See also A (b2), State officers; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; O (a). Local finance and support, 
general; E (b), Teachers' certificates, general; H (e). Consolidation of dis- 
tricts, etc.; H (f), Compulsory attendance; K (c), Uniformity of textbooks. 

Montana: County superintendent may be of either sex; elected by qualified 
voters for term of two years. He shall give bond in sum fixed by county 
commissioners. Commissioners shall fill vacancy until next election. Duties: 
To carry out instructions of State superintendent; visit each public school 
at least once a year, to observe and advise teacher, consult with trustees, 
etc. ; hold trustees' meetings from time to time ; grant temporary teachers' 
certificates on proper credentials, but no person shall receive more than one 
such certificate ; serve on county board of educational examiners ; preside at 
teachers' institutes and select instructors therefor ; supervise school libraries ; 
act as truant officer in districts of third class; apportion school moneys to 
districts; notify county treasurer to withhold payment of teachers not hold- 
ing valid certificates; hear and determine appeals involving administration 
of school law, but appeal may be taken to State superintendent ; keep correct 
descriptions of boundaries of school districts; hear and pass upon petitions 
for the creation of new districts ; attach to districts contiguous territory not 
belonging to any district ; report to commissioner of labor and industry census 
of children under 21 years old taken by district clerk; make statistical re- 
port annually, before November 1, to State superintendent; keep his office 
open five days in the month. Superintendent in counties having 50 or more 
teachers may appoint a clerk ; in counties having fewer than 50 he may, with 
consent of commissioners, appoint a clerk. He shall be furnished an office 
and stationery, etc., not to exceed $200; traveling expenses not to exceed 



On petition of 50 per cent of qualified voters engaged in agriculture, county 
commissioners may appropriate out of general fund $100 per month to pay 
part of salary and expenses of a county agricultural instructor ; two or more 
counties may unite and appropriate aggregate of $100 per month for such 
purpose. 

See also A (b2). State officers; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; B (a). General State finance and sup- 
port; E (b). Teachers' certificates, general; F (a) Teachers' contracts, duties, 
etc.; G (d). Teachers' institutes and summer schools; H (f). Compulsory 
attendance; K (c), Uniformity of textbooks; N (a), High schools; S (b), 
Public-school libraries. 

Nebraska: County superintendent shall be elected as other county officers are 
elected ; term, two years. No person shall be county superintendent who does 
not hold at least a first-grade county certificate at the time of his election, 
but this requirement shall not hold for counties with less than 1,000 inhab- 
itants. County commissioners shall fix compensation of county superin- 
tendents, but in counties of 15,000 or more school population salary shall not 
be less than $2,200 per year; in counties between 7,000 and 15,000 school 
population, not less than $1,800; between 6,000 and 7,000 school population, 
not less than $1,600 ; between 4,000 and 6,000 school population, not less than 



102 STATE LAWS EELATING TO PUBLIC EDUCATION. 

$1,400; between 2,500 and 4,000 school population, not less than $1,300; be- 
tween 2,000 and 2,500 school population, not less than $1,100; between 1,500 
and 2,000 school population, not less than $1,000; in counties with less than 
1,500 school population, not less than $5 per day when actually engaged, but 
no superintendent of this class shall receive more than $1,000 per year, and 
the number of days such superintendent is engaged shall be at least twice 
the number of districts in the county and one day for each precinct thereof 
for the examination of teachers. The county board may allow county super- 
intendent clerk hire and traveling expenses. Duties of the county superin- 
tendent: To visit each school of his county at least once a year, for the pur- 
pose of examining instruction therein and for advising with teachers and 
district boards ; note condition of school property and give advice in reference 
thereto; improve teachers through institutes and public lectures; consult 
with teachers and boards as to means to secure regular attendance of chil- 
dren; distribute State course of study and all report blanks to teachers and 
school officials. County superintendent shall conduct examinations of ap- 
plicants for admission to the State normal school; questions for such ex-: 
aminations shall be prepared by State superintendent and faculty of the 
State normal school; normal school shall pay expenses of such examination. 
County superintendent shall make required reports to State superintendent 
and shall conform to rules and instructions of said superintendent. County 
superintendent is authorized to administer oaths ; shall report annually to the 
superintendents of the institutes for the deaf and dumb and of the blind, 
respectively, a census of all deaf and dumb and blind children between the 
ages of 6 and 21 years. County board shall have power to fill any vacancy in 
office of county superintendent. 

See also A (b2). State officers; A (d), District boards and officers; A (e), 
School meetings, elections, etc.; A (f). Administrative units — districts, etc.; 
B (e), State aid for elementary education; D (a), Buildings and sites, gen- 
eral; E (b). Teachers' certificates, general; G (b). State normal schools; 
G (d), Teachers' institutes and summer schools; H (f), Compulsory attend- 
ance; N (a). High schools; T (b). Schools for the deaf. 

New Jersey: The commissioner of education shall, with advice and consent of 
State board of education, appoint county superintendents to devote entire 
time to office, to serve three years, and to receive annual salary of $3,000 
each; county superintendents must hold highest teacher's certificate issued 
in the State, and shall have been residents of State for at least three years 
preceding appointment; each of said superintendents shall be allowed 
official expenses, not to exceed $350 annually. Poicers of county superin- 
tendent: To administer oaths to teachers and school officers; issue orders 
on county collector in favor of school districts for school funds; exercise gen- 
eral supervision over schools of county, visit and examine schools, and advise 
with school officials ; appoint school boards for new school units and for any 
district failing to elect school board, to serve until next election. Said 
superintendent shall make annual report to commissioner of education. 
Superintendents, district clerks, and custodians of school moneys of the 
several school districts shall make annual reports to county superintendent; 
supervision shall, in any city school district, devolve upon city superintendent. 
County superintendent shall be provided with office at county seat, and shall 
be allowed a sum not exceeding $600 annually for clerical assistance. 

See also A (b2), State officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; B (a). General State finance and sup- 
port; B (d), State taxation for school purposes; B (e), State aid for ele- 



A (C2). COUNTY OFFICERS. 103 

mentary education; C (a), Local finance and support, general; E (b), 
Teachers' certificates, general; H (a), School population and attendance, 
general; H (d), School holidays; H (e), Consolidation of districts, etc.; 
H (f), Compulsory attendance; O (a), Industrial education, general; S (b), 
Public-school libraries. 

New Mexico: County superintendent shall be elected in each county at each 
general election ; term, two years ; candidate for such office shall be a person 
of culture and practical experience and learning in public-school branches, 
and of good moral character ; such qualifications to be passed on by the State 
board of education ; in case no person having proper qualifications for said 
office shall be elected, the board of county commissioners shall appoint to 
said office a person with proper qualifications, the appointee to serve until a 
properly qualified person shall have been elected by the people. County 
superintendent shall take oath of office and shall give bond in sum of $2,000. 
Powers and duties: To have jurisdiction over all public schools in his county, 
except those in cities, and such schools, including city schools, shall make 
required reports to county and State superintendents; visit and supervise 
methods of instruction employed in the various schools; confer with school 
directors; enforce compliance with school laws; organize, disorganize, or 
change the boundaries of any school district, as provided by law ; hold teach- 
ers' meetings ; apportion State school funds, together with county school fund, 
to the several districts within his county in proportion to the number of 
children residing in each over 5 and under 21 years old, and shall certify 
such apportionment to the directors of the respective school districts and to 
the county treasurer; may set aside a reserve fund before apportionment 
shall have been made. The annual salary of the county superintendent in 
counties of 10 rooms or less, used at least three months in the year, shall be 
$300; 11 to 16 rooms, $600; 17 to 25 rooms, $800; 26 to 33 rooms, $1,000; 
34 to 42 rooms, $1,200; in counties of 43 rooms or more, and in all counties 
of the first class, $1,500; but such salary shall not exceed one-third of the 
total tax levy of the county for general school purposes in any one year; 
said superintendent shall receive office expenses, which shall not exceed 4 per 
per cent of his salary ; salary of said superintendent shall be paid out of the 
general county school fund. County superintendent shall report all changes 
affecting districts to State superintendent, and shall annually make a report 
of facts concerning the schools of his county. County superintendent may 
renew first-grade county teachers' certificate once only without a formal 
examination, but no such renewal shall be made without the consent of the 
State superintendent. County superintendent shall examine books and 
accounts of district officers. County superintendent shall be ex officio a 
member of the county high-school board ; office shall be at county seat ; shall 
hold teachers' institutes; may issue temporary permits to persons to teach. 
Women possessing the qualifications of male electors shall be eligible to hold 
office of county school superintendent, school director, and member of a 
board of education. County superintendent shall see that all the children in 
his county of school age are vaccinated. 

See also A (bl). State boards; A (b2). State officers; A (d), District 
boards and officers; A (f). Administrative units — districts, etc.; B (a), 
General State finance and support; C (b). Local bonds and indebtedness; 
D (a). Buildings and sites, general; E (b), Teachers' certificates, general; 
G (d), Teachers' institutes and summer schools; H (f), Compulsory attend- 
ance; T (b), Schools for the deaf. 



104 STATE LAWS RELATING TO PUBLIC EDUCATIOK. 

North Carolina: County board of education shall elect county superintendent 
of public instruction biennially ; such superintendent shall have had at least 
two years' experience in teaching or supervising within five years immediately 
preceding and shall be a " man of liberal education " ; county board fills 
vacancy ; county having total school fund of not exceeding $15,000 may unite 
with another county and employ a superintendent for his entire time. Super- 
intendent need not be a resident of county for which elected. With consent 
of county board, two or more contiguous districts in any city or town may 
jointly employ a superintendent. Except with consent of State board of edu- 
cation, county superintendent may not teach while schools are in session. He 
shall be ex oflBcio secretary of county board ; he shall hold at least once a year 
a teachers' meeting in each township ; he shall visit schools and advise teach- 
ers ; he may, with consent of majority of school committee, suspend a teacher 
for cause; he shall attend State and district associations of county superin- 
tendents and for such shall receive expenses and usual compensation; he 
shall distribute blanks, registers, etc., furnished by State superintendent ; he 
shall make annual statistical report to State superintendent and may be 
removed from office for failure to do so ; he shall have enumerated and shall 
report number of deaf and blind children 6 to 21 years old to principals of 
deaf and blind schools. Salary of county superintendent shall be fixed by 
county board at not less than $3 per day while in service; board may fix 
annual salary at not exceeding 4 per cent of school funds disbursed; county 
with school fund of over $15,000 may employ superintendent for his entire 
time, salary to be fixed by county board. 

County treasurer shall be treasurer of school fund; compensation, such as 
county board of education may determine, but not exceeding one-half per cent 
of receipts and 2 per cent of disbursements, except where such per cent will 
not exceed $250, in which case compensation may be 2^ per cent of disburse- 
ments. (In three counties fixed salaries are provided.) He shall receive no 
commission on loans from the State. He shall keep detailed accounts with 
each township and district of receipts and disbursements and shall pay no 
orders unless properly signed by committee and county superintendent; he 
shall be at his office on last Saturday in each month. School treasurer of 
county, town, or city shall report annually to State superintendent; misde- 
meanor to fail to make reports as required. 

See also A (cl), County boards; A (d). District boards and officers; E (b), 
Teachers' certificates, general; F (a). Teachers' contracts, duties, etc.; H (g), 
Child labor; J (a), Health, general; K (c), Uniformity of textbooks; N (a), 
High schools; O (b). Agricultural schools; S (b), Public-school libraries. 

North Dakota: A county superintendent of" schools shall be elected in each 
county ; term, two years. Qualifications : Must be a graduate of some repu- 
table normal school or higher institution or hold at least a second-grade 
professional certificate, and must have had at least two years' successful 
experience in teaching, one in the State. He shall have general superintend- 
ence of the common schools of the county, except those employing a citjy 
superintendent. He shall visit each school at least once each year to ob- 
serve its condition and advise the teacher, and shall keep a record of visits 
with a memorandum of teacher's ability. General duties: To carry intJo 
effect all lawful instructions of State superintendent; distribute blanks to 
school officers and teachers ; hold teachers' meetings on Saturday, not oftener 
than once a month, if instructed by State superintendent, which meetingg 
shall be attended by teachers; visit school officers as often as necessary to 
insure correct keeping of records; hold annual meetings of members and 



A (C2). COUNTY OFFICEES. 105 

clerks of school boards; prepare and furnish to several assessors of county 
maps of their respective districts; file annually with county auditor the 
names and addresses of persons elected president and clerk of each school 
board; apportion State tuition funds among school corporations of the 
county. He shall decide appeals from school boards, but appeal may be 
taken to State superintendent; in such controversies he may administer 
oaths. He shall see that teachers teach subjects required by law, and shall 
notify secretary of board of examiners if teacher fails to teach physiology 
and hygiene. He shall make annual statistical report to State superintend- 
ent ; his salary for last month of year shall not be paid until such report is 
made. In a county having 50 or more schools he may appoint a deputy; 
in a county having 150 or more schools he shall be entitled to one deputy 
for each 100 schools or major fraction thereof. He shall receive same salary 
as register of deeds, and in addition shall receive 10 cents per mile traveled 
when on official duty ; county commissioners shall furnish him with necessary 
books, stationery, and postage. No county superintendent shall be engaged 
in any other occupation or profession during his term. 

See also A (b2), State officers; A (d). District boards and officers; A (f). 
Administrative units — districts, etc.; B (a). General State finance and sup- 
port; B (e). State aid for elementary education; C (c). Local taxation; 
E (b), Teachers' certificates, general; F (c). Teachers' pensions; G (d), 
Teachers' institutes and summer schools; H (f), Compulsory education; 
J (b), Medical inspection; O (b). Agricultural schools. 

Ohio: See A (cl), County boards; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; E (b). Teachers' certificates, general; 
G (d), Teachers' institutes and summer schools. 

Oklahoma: There shall be a county superintendent of public instruction for 
each county, elected as other county officers; terms, two years; vacancy in 
such office shall be filled by county commissioners ; said superintendent shall 
file bond in sum of $1,000; no person shall be eligible for said office unless 
possessing a county first-grade certificate or higher. Duties: To visit each 
school in the county once in each term of six months; make report to the 
district school board on condition of school property; examine accounts of 
school officials ; encourage formation of teachers' association, and attend, when 
possible; attend teachers' training course; hold a public-school meeting in 
each district once a year ; shall keep a record of teachers, certificates issued, 
and other official matters; apportion school funds among districts on basis 
of number of school children, making no such apportionment to any district 
maintaining a school for less than three months during preceding year ; draw 
his order on county treasurer in favor of school district for amount appor- 
tioned to such district ; furnish each year a description of boundaries of school 
districts to county clerk and county assessor ; make a complete annual report 
to State superintendent; fill any district-board vacancy for unexpired term; 
audit annual reports of teachers and district clerks; purchase for districts 
needing the same year a set of school-district records, not to cost more 
than $4 per set, to be paid for out of district funds. Said superintendent shall 
divide county into school districts, changing the boundaries of such districts 
as interests of the people may require ; no district shall be formed from other 
organized districts containing less than 9 square miles and an assessed 
valuation of less than $50,000, and fewer than eight persons between ages 
of 6 and 20 years ; no district having a bonded indebtedness shall be changed 
so that such indebtedness shall exceed 5 per cent of assessed valuation of 
such district ; no district shall contain less than 9 square miles ; no district 



106 STATE LAWS RELATING TO PUBLIC EDUCATION. 

shall be changed except uix>n petition of one-third of electors to county super- 
intendent, but one-fourth of electors of district so changed may appeal to 
county commissioners from action of said superintendent, and decision of 
county commissioners shall be final ; said superintendent shall keep a record 
of facts concerning school districts ; such provisions shall not be construed as 
affecting the formation of districts for white and colored children, but shall 
apply as if the district were to be formed from unorganized territory; said 
superintendent shall post notices of formation of new district in such district, 
and appoint a time and place for election of district officers. Said superin- 
tendent may, in counties of 15,000 to 25,000 population, with consent of 
county commissioners, expend not more than $200 per year for clerk hire; 
in counties 25,000 to 40,000 population, $400 ; in counties over 40,000 popula- 
tion, $600 ; but in counties between 15,000 and 25,000 population, containing 
at least 20 separate schools, $400 per year may be used for clerk hire if 
approved by county commissioners. Said superintendent shall be allowed 
actual traveling expenses, but same shall not be allowed for inspection of any 
school more than twice each year. Said superintendent shall audit outstand- 
ing indebtedness of any district prior to change of such district, and apportion 
the same to the districts now comprising territory of such district on the 
basis of assessed valuation of such districts. County superintendent may 
dispose of the property of a divided district, with consent of board retaining 
property of such district, and funds received from such sale shall be applied 
to debts of said district. In counties having a population of not over 18,000, 
annual salary of county superintendent shall be $1,200; 18,000 to 30,000, 
$1,400; 30,000 to 40,000, $1,600; over 40,000 population, $1,800. 

See also A (b2). State officrs; A (d), District boards and officers; A (f). 
Administrative units — districts, etc.; C (c). Local taxation; E (b), Teachers' 
certificates, general; G (d). Teachers' institutes and summer schools; H (a). 
School population and attendance, general; H (e). Consolidation of districts, 
etc.; H (g). Child labor; H (h), Separation of the races; K (c), Uniform.ity 
of textbooks; L (j), Agriculture. 

Oregon: There shall be elected by the legal voters at the general election a 
county school superintendent; term, four years. QualifleaUons: Must have 
taught in the State at least nine months and must hold a first-grade county 
certificate, a State diploma, or a State certificate. He shall take the oath of 
office and shall deposit all fees received with the county treasurer. He shall 
visit the schools at least once a year and in addition to salary prescribed by 
law shall be entitled to traveling expenses, not to exceed $200 annually. Gen- 
eral duties: To work to arouse deeper interest in public schools; receive re- 
ports from districts and make an annual report to the State superintendent; 
hear and decide appeals from district officers and teachers, subject to appeal 
to State superintendent; enforce the course of study for county schools pre- 
scribed by law; keep an official record of all contracts with teachers; make 
special reports when reciuired by State superintendent; advise school directors 
as to the management of the schools, and approve plans for schoolhouses in 
third-class districts before such houses shall be erected ; use uniform records 
and blanks prepared and furnished by the State superintendent. He shall 
examine and may correct reports of district clerks, but appeal may be taken 
to the county district boundary board. He shaU annually report to the State 
superintendent the name, age, and address of all deaf mutes and blind per- 
sons in the county who are between 5 and 25 years old. He shall require 
monthly reports from persons in charge of schools. He shall require teachers 
to register their certificates and file copies of their contracts in his office. He 



A (C2). COUNTY OFFICERS. 107 

shall attend annually the county superintendents' convention held by State 
superintendent. He may annually hold one or more school-board conventions, 
and delegate from each district shall receive $2 for one day of attendance 
each year. Vacancies in the office of the county superintendent shall be filled 
by county court for the unexpired term. 

See also A (b2), State officers; A (cl), County boards; A (d), District 
boards and officers; A (f), Administrative units — districts, etc.; B (e), State 
aid for elementary education; E (b), Teachers' certificates, general; G (d), 
Teachers' institutes and summer schools; H (f), Compulsory attendance; 
K (c), Uniformity of textbooks; L (a), Course of study; N (a), High schools; 
S (b), Public-school libraries; T (b), Schools for the deaf. 

Pennsylvania: Every person elected county, district, or assistant county or 
district superintendent shall be of good moral character; shall hold either a 
diploma from a college approved by the College and University Council of 
Pennsylvania, diploma issued by a Pennsylvania normal school, or Penn- 
sylvania teacher's State certificate; shall have had successful experience 
as a teacher or superintendent within three years prior to election, but 
serving as either county, district, or assistant county or district superin- 
tendent shall be sufficient qualification for any of aforesaid offices. Every 
four years a county superintendent shall be elected in each county; school 
directors of each county shall meet in convention to elect; proceedings of 
said convention shall be certified to the State superintendent, vs^ho shall 
issue a commission to county superintendent-elect, unless valid objections 
shall be filed; every school director shall be paid $2 and mileage at rate of 
3 cents per mile for attending said convention; county superintendent may 
be removed by State superintendent for cause; county superintendent shall 
be paid by the State, being $15 for each of the first 10 schools in county, and 
$5 for each additional school, but salary of county superintendent shall not 
be less than $1,500 or more than $2,000 per annum; convention of school 
directors may increase salary of county superintendent by voting increase 
from district school funds; salary of county superintendent shall be paid 
quarterly. Duties of county superintendent: To visit schools under his 
supervision; note courses and methods; give necessary directions in the art 
of teaching; report to board of directors; inspect school property. County 
commissioners shall provide quarters and supplies for county superintend- 
ent. Every county superintendent having 200 to 400 teachers under his 
supervision shall have one assistant ; 400 to 600 teachers, two assistants ; 600 
to 800 teachers, three assistants; and for each additional 400 teachers, or 
fraction thereof, shall have an additional assistant; convention of school 
directors may authorize appointment of additional assistant superintendents. 
County superintendent shall nominate assistant superintendents to the five 
officers of the county school directors' association for confirmation; salaries 
of assistant superintendents shall be fixed by directors' convention, but at 
a minimum of $1,200 each per year; assistant superintendents ^all perform 
such duties as may be required by county superintendents. State superin- 
tendent, and State inspector of high schools. Board of directors in districts 
of first and second class shall, and in third class may, elect district superin- 
tendents together with such assistant district superintendents as they may 
deem wise, and fix compensation of same; duties of district superintendents 
shall be similar to those of county superintendents. No county, district, or 
assistant county or district superintendent shall engage in teaching, unless 
it be done without any compensation therefor; said superintendents shall 
make annual reports to State superintendent. 



108 STATE LAWS RELATING TO PUBLIC EDUCATION. 

See also A (b2), State officers; A (d), District boards and officers; E (b), 
Teachers' certificates, general; G (b), State normal schools; G (d), Teachers' 
institutes and summer schools; N (a), High schools. 

South Carolina: A county superintendent shall be elected by the qualified 
electors in each county; term, four years, except in certain counties where 
it is two; the State board of education shall fill vacancies. He shall visit 
each school at least once each year to aid teachers and to note the char- 
acter of instruction, the condition of buildings, etc. ; he shall encourage 
teachers' associations and conduct institutes. He shall apportion to school 
districts the money arising from tax on property as shown by the county 
treasurer's report, and shall certify such apportionment to treasurer, to- 
gether with poll tax belonging to each district. He shall make an annual 
financial and statistical report. County commissioners shall furnish super- 
intendent with office, furniture, etc. 

See also A (b2), State officers; A (cl), County boards; A (d), District 
boards and officers; A (f), Administrative units — districts, etc. 

South Dakota: A superintendent of schools shall be elected at the general 
election in each county; term, two years; no superintendent shall be elected 
for more than two terms in succession; no person shall be elected to such 
office who does not hold a teacher's certificate of first grade or higher; 
vacancy shall be filled by county board of commissioners. In any county 
having more than 65 schools the superintendent may appoint a deputy or 
clerk. Salary of superintendent shall be in proportion to property valua- 
tion and population of the county, but no salary shall exceed $1,500, and in 
any county having less than $300,000 of property salary shall not exceed 
$200. Superintendent shall forfeit $10 for each school under his supervision 
which he fails to visit during the school year; he shall be allowed by the 
county actual expenses in attending State convention of superintendents 
and visiting schools and attending teachers' meetings in the county, but not to 
exceed $200 per annum in all. He shall have general superivision of the 
public schools, and in towns of less than 1,000 population he shall have 
direct supervision. He may conduct contests in agriculture, industrial arts, 
and home economics among the pupils of the schools under his supervision, 
and may hold an annual exhibit of products, and county commissioners may 
appropriate not exceeding $200 to pay expenses thereof. Other duties of 
superintendent: To visit the schools as often as possible and at least once 
a year, and may order needed repairs and changes made to school property 
when school board fails to make them; keep a record of his official acts; 
keep record of applicants for teachers' certificates "and of certificates held ; 
keep register of teachers employed in the county, with salaries paid, etc.; 
keep a record of apportionments of State and county funds and of statistical 
data needed to make reports to State superintendent; encourage teachers' 
meetings and institutes and seek to raise the standards of teaching; hold 
annually district teachers' institutes, comprising two or more districts; en- 
courage formation of a teachers' reading circle, report participants to secre- 
tary of State teachers' reading circle, examine participants in the course, and 
forward papers to State board of managers of teachers' reading circle; 
hold annually between April and September a teachers' normal institute of 
not less than five days' duration, or hold joint institute with one or more 
other counties; hold annually a meeting of district school officers, for at- 
tending which each such officer shall receive $1.50 per day and 5 cents per 
mile traveled; meet with district school officers annually for the purpose 
of examining their records and accounts ; conform to the instructions of 



A (C2). COUNTY OFFICERS. 109 

the State siiperinteudent. He may for good cause close any school under his 
supervision. He shall annually report the enumeration of children of school 
age to the commissioner of school and public lands, and such enumeration 
shall be the basis of his apportionment of the county general school fund, 
which shall be made semiannually, in January and July. The county 
general fund shall consist of the income of the permanent school fund of 
the State as apportioned to counties, the tax of $1 on each elector, and 
certain fines. County superintendent shall report annually to the State 
superintendent, and for failure to do so he shall forfeit $100 ; on failure of 
district officer to report as required by law superintendent shall visit such 
officer and obtain such report. 

See also A (b2). State officers; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; E (b), Teachers' certificates, general; 
E (f). Teachers' associations, reading circles; F (a), Teachers' contracts, 
duties, etc.; H (f), Compulsory attendance; H (g). Child labor; K (c). Uni- 
formity of textbooks; L (i), Manual and industrial education; N (a). High 
schools; S (b). Public-school libraries. 

Tennessee : County court shall biennially, in January, elect a county superin- 
• tendent ; salary fixed by said court ; he may be removed for cause. In Octo- 
ber preceding election candidates for superintendency shall stand examina- 
tion prescribed by State board of education. Women are eligible to this 
office. Duties of county superintendent: To supervise schools of county; 
visit and inspect schools; require district directors to make reports; act as 
secretary and be ex officio member of county high-school board ; report to 
county trustee school census of each district; act as secretary of county 
board of education; report annually to State superintendent, and make such 
special reports as may be required; keep record of his official acts and of 
district boundaries; countersign warrants of district directors, except war- 
rants for teachers' salaries, and keep record of same. In counties of 30,000 
population or more superintendent shall not be principal or teacher of public 
school during his term; he shall fill vacancies in county board of education 
and in district boards of directors ; he shaU set apart one day in November 
as "Arbor Day." County trustees shall keep separate accounts of State and 
county funds; he shall give bond for double the amount of money likely to 
come into his hands; compensation based on amount of funds handled; 
trustee shall keep public-school moneys separate from other moneys. No 
school officer or teacher shall have any pecuniary interest in supplying books, 
maps, apparatus, etc., to public schools. For failure to turn records over 
to successor school officer may forfeit $25 to $100. No school director or 
member of county board shall be a teacher or interested in a contract which 
his board may make. Penalties on county superintendent shall accrue to 
county school fund, and penalties on district directors shall accrue to district 
fund. 

See also A (bl), State boards; A (b2). State officers; A (cl). County 
boards; B (a). General State finance and support; E (b), Teajhers' certifi- 
cates, general; K (c), Uniformity of textbooks; L (a), Course of study; N 
(a), High schools. 

Texas: Commissioners' court of each county having 3,000 school population or 
more shall provide for the election of a county superintendent of schools; 
term, two years ; qualifications, must be of good moral character and the 
holder of first-grade or permanent certificate. On petition of 25 per cent 
of qualified voters in county having less than 3,000 school population, com- 



110 STATE LAWS RELATING TO PUBLIC EDUCATION. 

missioners' court shall order election to determine whether county super- 
intendency shall be created; majority of qualified taxpaying voters shall 
determine. Powers and duties: To have general supervision of schools; 
visit schools four days in each week when possible; have authority over 
schools except in independent districts having 500 school population or 
more; hear and determine appeals subject to appeal to county board; hold, 
subject to approval of State superintendent, annual teachers' institute for 
five consecutive days, and may be removed for not doing so, but trustees 
of independent district having 500 school population or more may hold 
institute; may cancel teacher's certificate for not attending. He shall keep 
record of teachers' attendance at institutes and summer normals and shall 
certify same on their certificates, and such teachers shall receive full pay 
for attendance. He shall apportion funds received from State to districts, 
not including independent districts, and income from county fund to all 
districts, said apportionment being based on school population. If trustees 
of districts fail to agree on distribution of funds among schools thereof or 
on length of term to be maintained, county superintendent shall determine 
such questions. All vouchers must be approved by county superintendent, 
also all contracts with teachers. Superintendent shall appoint a county 
board of examiners to consist of two white teachers who hold first-grade 
certificates. He shall perform such other duties and make such reports as 
State superintendent may prescribe. Salary: Counties of 2,000 school popu- 
lation or less, $900, if superintendent is employed; 2,000 to 3,000 school 
population, $1,100; 3,000 to 4,000 school population, $1,300; 4,000 to 
5,000 school population, $1,400; more than 5,000 school population, $1,500; 
he shall also be allowed not exceeding $100 for stationery, printing, etc. 
In each county not having superintendent, county judge shall be ex ofiacio 
superintendent and shall receive such compensation for such service as 
county commissioners may fix, but not to exceed $600. County superin- 
tendent is ex oflScio secretary to board of county school trustees and execu- 
tive officer of the board. He examines all plans and specifications for 
school buildings costing $400 or more erected in common-school districts, 
and issues permits for erection thereof. 

County treasurer shall be treasurer of school funds of common-school dis- 
tricts and of incorporated districts having less than 150 school population; 
in incorporated districts having 150 school population or more school treas- 
urer shall be person or corporation who gives satisfactory bond and offers 
best bid of interest on average daily balances; no commission shall be paid 
for receiving and disbursing school funds. Treasurer shall keep a separate 
account with each school district; he shall pay out no part of school fund 
without the approval of county superintendent. Balances to credit of dis- 
tricts shall be carried over to succeeding year for benefit of such districts. 
School funds shall not be expended except for the following purposes: 
(1) State and county funds for teachers' and superintendents' salaries and 
fees for taking school census; (2) local district funds for same purposes as 
State and county funds and for other purposes, as supplies, janitors' pay, 
grounds, buildings, etc. All treasurers shall report on or before October 1 
each year to State superintendent, who may call for vouchers and investi- 
gate correctness of report. 

See also A (b2). State officers; A (d), District boards and officers; A (f), 
Administrative units— districts, etc.; C (c), Local taxation; E (b). Teach- 
ers' certificates, general; F (b). Teachers' salaries; H (b). School census; 
N (a). High schools. 



A (C2). COUNTY OFFICEES. Ill 

Utah: A superintendent of schools for each county shall be elected biennially 
by qualified voters, but voters in cities of first and second classes and in 
county school districts of the first class shall not be allowed to vote at elec- 
tion. Qualifications: He must be over 25 years old and have had at least 
three years' teaching experience; in addition, in counties of first to third 
classes, must hold a high-school life diploma ; in counties of fourth to twelfth 
classes, must hold life diploma not lower than grammar grade; in counties 
of thirteenth to fifteenth classes, must hold not lower than five-year State 
certificate. He shall have superintendence of all district schools except in 
cities of the first and second classes. He shall see that district boundaries 
are correctly described, and where they are found incorrect or confiicting 
he shall report to county commissioners, who shall change them as needed. 
He shall visit every school under his supervision at least twice a year, to 
observe instruction, etc. He shall decide controversies arising under the 
school laws. He shall I'eport to State board of education the failure of 
teacher to teach branches required by law, and said board may revoke teach- 
er's certificate. He shall make statistical report annually to State superin- 
tendent, which report shall contain a list of persons between 5 and 30 years 
old too deaf or too blind to receive an education in the common schools. He 
may appoint a deputy. 

See also A (b2), State officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; B (a), General State finance and sup- 
port; B (e), State aid for elementary education; E <b), Teachers' certificates, 
general; G (d). Teachers' institutes and summer schools; N (a), High 
schools. 

Virginia: All school moneys to be disbursed in any county shall be received, 
kept, and disbursed by the county treasurer thereof. He shall receive and 
collect all taxes levied by the county board of supervisors. District funds 
shall be kept in separate accounts from those of the State and county. He 
shall make annually in December a report to division superintendent of 
schools showing amounts collected on account of State, county, and district 
funds and also amounts disbursed and balance on hand; he shall report an- 
nually for the August meeting to the county school board, and district clerks 
shall likewise report to said meeting. Neither treasurer nor his deputies shall 
deal in county warrants. 

See also A (bl), State boards; A (d), District boards and officers; B (a), 
General State finance and support. 

Washington: A county superintendent of schools shall be elected in each 
county; term, two years; shall give bond in sum fixed by board of county 
commissioners ; may appoint a deputy ; in counties having more than 100 dis- 
tricts, with approval of county commissioners, may appoint clerical assist- 
ance. County commissioners shall fill any vacancy in office of county superin- 
tendent. A person to be eligible for office of county superintendent shall have 
taught at least two years of nine months each, and shall hold a first grade or 
higher certificate. Powers and duties of county superintendent: To exercise 
supervision over common schools and counsel with directors and teachers; 
distribute reports, laws, forms, circulars, and instructions; enforce adopted 
course of study and rules and regulations concerning teachers' examinations ; 
prepare, when necessary, course of study for districts of third class ; keep on 
file all records of business of his office ; administer oaths and affirmations to 
teachers and school officers; keep record of teachers' contracts and certifi- 
cates; make annual report to superintendent of public instruction; keep 
transcript of boundaries of districts; apportion school funds; grant tern- 



112 STATE LAWS RELATING TO PUBLIC EDUCATION. 

porary certificates and conduct examination of teachers ; hold teachers' insti- 
tutes and other like meetings; hold, if advisable, annual directors' meetings 
at expense not to exceed $100, a county charge; suspend teachers for good 
cause; furnish registers and clerks' record books to districts, a district 
charge; pass upon plans and specifications of all schoolhouses to be con- 
structed in districts of the third class in the county ; require reports of district 
officers and teachers; perform such other duties as may be required by law. 
Said superintendent shall keep his office open at least one day in each week. 
County commissioners shall provide an office and supplies for said superin- 
tendent. Said superintendent shall receive traveling expenses incurred in 
performance of official duties. 

Duties of county auditors relative to third-class districts: To audit accounts 
of school districts ; countersign and register warrants of such districts ; cause 
school warrants to be registered in treasurer's office. He shall cause warrants 
• of first and second class districts to be registered in office of county treasurer 
before delivery thereof to claimants. Said auditor shall make annual report 
to county superintendent. 

County treasurer of each coimty shall be ex officio treasurer of school dis- 
tricts. Duties: To receive school moneys and pay them out on legally drawn 
warrants; certify to county superintendent and to county auditor, quarterly, 
amount of school funds in his possession subject to apportionment ; make an- 
nual fiscal report to county superintendent and to county auditor ; register all 
school warrants; make monthly fiscal report to secretary of each district of 
first class and to clerk of each district of second or third class ; remit moneys 
derived from sale of school registers and clerk's record books to State treas- 
urer, who shall place same to credit of general State fund. 

See also A (bl). State boards; A (b2), State officers; A (cl), County 
boards; A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; :^ (a), General State finance and support; B (e), State aid 
for elementary education; E (a), Certification of teachers, general; E (b), 
Teachers' certificates, general; E (c), Special certificates; F (a). Teachers' 
contracts, duties, etc.; G (d), Teachers' institutes and summer schools; H (e), 
Consolidation of districts, etc.; H (f). Compulsory attendance; K (c), Uni- 
formity of textbooks; L (a), Course of study; N (a), High schools; S (b), 
Public-school libraries; T (e), Schools for the feeble-minded. 
West Virginia: A county superintendent of schools shall be elected in each 
county by voters thereof; term, four years; said superintendent shall take 
oath of office and file bond ; a vacancy in office of county superintendent shall 
be filled until next general election by presidents of various district boards 
of education. County superintendent shall be a person of experience in 
teaching or supervising schools and shall hold a first-grade certificate or its 
equivalent. County superintendents shall receive annual compensation as 
follows: In counties having not more than 50 schools, $700; more than 50 
schools and not more than 75 schools, $775; more than 75 schools and not 
more than 100 schools, $850; more than 100 schools and not more than 125 
schools, $925; and for more than 125 schools, $2 for each additional school; 
in addition thereto county superintendent shall receive same compensation 
as assistants in conducting examinations, but total annual salary shall not 
exceed $1,500 ; county superintendent shall teach in no public or private school 
while schools of his county are in session. Said superintendent shall report 
annually to State superintendent number of schools he has visited; $2 shall 
be deducted from salary of county superintendent for each school not so 
visited; salary of county superintendent shall be paid out of general school 



A (C2). COUNTY OFFICEKS. 113 

fund. County superintendent shall visit each school within his county, not 
included in an independent district, at least once each year, shall inspect 
schools therein and advise with teachers ; shall examine buildings and equip- 
ment and advise with boards of education relative thereto; shall make 
needed reports to boards of education and to State superintendent; shall re- 
ceive and revise reports of secretaries of boards of education, and shall make 
annual report to State superintendent. County superintendent shall be ex 
officio county financial secretary. No county superintendent, member of a 
board of education, or trustee of any subdistrict shall be or become person- 
ally interested in any contract of a school district. County superintendent, as 
county financial secretary, shall receive annual compensation of $75 ; but in 
counties having more than 100 teachers he shall receive 75 cents per teacher. 

Sheriff of the county shall receive, collect, and disburse all school money 
for the county and districts and independent districts therein. Said sheriff 
shall give bond in sum of double amount of school money to be handled by 
him ; shall keep accounts with boards of education of districts and independ- 
ent districts of money belonging to the teachers' fund, the building fund, or 
any other school fund ; shall pay out money upon orders signed by president 
and secretary of said boards, and upon order of county superintendent as 
provided by law; shall make annual settlement with board of education of 
each district and independent district, and also with county court for each 
such district. He shall annually settle with county financial secretary. 

See also A (b2). State officers; A (d), District boards and officers; B (a), 
General State finance and support; E (b), Teachers' certificates, general; 
G(d), Teachers' institutes and summer schools; H (b), School census; H (g), 
Child labor; K (c), Uniformity of textbooks; N (a), High schools. 

Wisconsin: Duties of county superintendent : To examine and license teachers; 
to visit and examine schools in his district at least once a year, advise teach- 
ers, and confer with school boards ; direct any school board to make altera- 
tions and repairs, and to abate any nuisance, not to cost over $25 ; make an 
order in concurrence with chairman of town board relative to buildings unfit 
for school purposes ; report condition of schools annually to county board of 
supervisors; receive school reports and transmit abstracts of same to State 
superintendent; organize and conduct at least one teachers' institute each 
year, and interpret school laws. County or district superintendent shall hold 
annually at least one school-board convention. County superintendent shall 
attend at least one convention of county superintendents annually ; necessary 
expenses shall be paid by county. No county or district superintendent shall 
hold any other lucrative position while schools are in session, except when 
his annual salary is less than $S00. County board shall allow county super- 
intendent over and above his salary actual and necessary traveling expenses. 
Said superintendent shall annually make report to county clerk relative to 
certification of teachers. Institute instructors shall receive no pay unless 
they hold institute certificates ; no person who is engaged in manufacture of 
textbooks or school supplies, or is agent for same, or is interested in any 
teachers' agency, shall be employed as institute instructor. Each county and 
city superintendent of schools shall annually report deaf and blind children 
to the State school for the deaf and State school for the blind ; like reports 
shall be made to county board of siipervisors or city board of education. To 
be eligible as county superintendent a person shall hold a county superin- 
tendent's certificate, or some higher certificate of qualifications, shall be of good 
moral character, and shall have taught for at least eight months in public 
schools. The teachers' county institute fund shall be under direction of 
3966°— 15 8 



114 STATE LAWS BELATING TO PUBLIC EDUCATION. 

county or district superintendent in defraying expenses of institutes. In- 
stitute appropriation shall be distributed among counties on basis of number 
of teachers employed in territory under supervision of county or district 
superintendent, school term to be not less than seven months except for legal 
cause; county or district superintendent shall annually certify number of 
teachers to State superintendent. County and district superintendents shall 
keep account of expenditures for institute purposes. The county or district 
superintendent may, by and with consent of county board, appoint a deputy 
superintendent, if number of schools under supervision of said superintendent 
shall be not less than 100 ; said deputy shall hold a first-grade county certifi- 
cate or higher, and shall have taught in public schools for at least eight 
months. The judge of the circuit court may remove the county superin- 
tendent from office for good cause after a hearing. County board of educa- 
tion shall fix salary of county and of district superintendent, and allow 
necessary traveling expenses. The county board may divide county having 
over 15,000 inhabitants into two superintendent districts; each such district 
shall be governed by provisions of law applicable to counties, so far as same 
shall apply. County superintendent shall be elected by qualified electors; 
term, two years. 

Any county, excepting those in which county schools of agriculture are 
maintained, may, through the county board, establish and maintain an 
agricultural representative recommended by the dean of Wisconsin School 
of Agriculture. Duties of such representative: To advise with individuals 
• relative to farming methods; aid in development of agriculture and country- 
life conditions; offer courses of instruction; aid in formation of cooperative 
enterprises; promote business methods among farmers; aid in developing 
agricultural teaching in schools; and promote rural development generally. 
County may levy tax to partly pay such representative, such amount to be 
not less than $1,000 annually; such county shall receive $1,000 from State 
annually for such purpose; State aid shall be expended under direction of 
board of regents of State university; in year 1915 such work shall be 
organized in not to exceed 16 counties. Said representatives shall be chosen 
by said board of regents ; said representative shall cooperate with the county 
training school board if there be one, otherwise with county superintendent. 
See also A (cl). County boards; A (d), District boards and officers; B (e). 
State aid for elementary education; E (b), Teachers' certificates, general; 
G (c), County andj local normal schools; G (d). Teachers' institutes and 
summer schools; H (b). School census; H (f), Compulsory attendance; 
O (b). Agricultural schools; S (b). Public-school libraries. 

Wyoming: A county superintendent of schools shall be elected by qualified 
electors; term, two years. Salary: County of first class, $900; second class, 
$750 ; third class, $600 ; fourth class, $500 ; necessary traveling expenses shall 
also be paid. Superintendent shall hold a teacher's certificate of first class or 
higher and shall not teach in any public school ; he shall be a resident of the 
county. Vacancy in office filled by board of county commissioners. General 
duties: To make annual report to State superintendent; distribute blanks 
transmitted by State superintendent; verify certificates of district clerks 
as to number of teachers employed. He shall annually apportion school fund 
to districts, including high-school districts, in proportion to number of 
teachers in district during preceding year. He shall have superintendence 
of public schools and shall visit each at least once in the term ; he may recom- 
mend incompetent teachers for dismissal. Should county superintendent 
fail to make reports as required by law, he shall forfeit $100. Superintendent 



A (d). DISTEICT BOARDS AND OFFICERS. 115 

shall hear and determine all appeals. In county of first, second, or third 
class, he may employ a deputy at $3 per day, but for not more than $150 
annually. 

Classification of counties: First class, counties having an assessed valua- 
tion of more than $12,000,000; second class, $6,000,000 to $12,000'000; third 
class, less than $6,000,000. 

District clerks and high-school district clerks shall annually certify to county 
superintendent number of teachers employed in such district, but credit shall 
not be allowed for teacher having taught less than six months nor where 
average attendance is less than 6 per teacher in grade school or 10 per teacher 
in high school. No required number of pupils for rural school. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; B (e), State aid for elementary education; C (c), Local taxa- 
tion; E (b), Teachers' certificates, general; G (d), Teachers' institutes and 
summer schools; H (b), School census; H (f), Compulsory attendance; 
H (h), Separation of the races; K (b), Free textbooks; L (a), Course of 
study; N (a), High schools. 



A (d) . District, Township, and Municipal Boards and Officers. 

Alabama: Three trustees shall be elected by qualified electors in each district 
on first Saturday in July and quadrennially thereafter ; county superintendent 
shall give notice of election; trustees must be freeholders and householders 
who can read and write; chairman of meeting shall certify result of election 
to county superintendent; a qualified voter may within 10 days contest before 
county superintendent the results of election; trustees elected shall meet 
within 10 days and choose from their number a chairman and a secretary. 
Duties: To take school census; care for school property; nominate teachers 
to county board of education who, on approving, shall contract with teachers ; 
visit schools and make quarterly reports thereon to county superintendent; 
perform such other duties as required by county board. If trustees fail to 
nominate teacher, county board shall nominate and employ. A district having 
graded school for not less than eight months may elect five trustees and 
assume entire control of school, except that reports must be made to county 
superintendent. In municipalities board of education shall have full control 
of separate school district. 

See also A (b2). State officers; A (cl), County boards; A (c2), County 
officers; A (f), Administrative units — districts, etc; D (b), State aid, ap- 
proval of plans; E (b), Teachers' certificates, general; H (b), School cen- 
sus; M (a). Special types of school, general; S (b). Public-school libraries. 

Arizona: Powers and duties of district trustees: To elect a president and a 
clerk from among their number ; prescribe rules not inconsistent with law or 
the rules of the State board of education; segregate pupils of colored race 
from those of white. races; control school property; provide equipment and 
supplies; rent, furnish, repair, and insure school property; build school- 
houses and purchase or sell sites, when directed by vote of ■ the people ; 
employ teachers and other necessary officers and fix their salaries, but no 
relative of a trustee shall be employed except by unanimous vote of the 
board; employ a city superintendent in districts having an average attend- 
ance of 500 or more (such superintendent may be employed by two or more 
districts having a combined average attendance of 500 or more) ; expel pupils 
for misconduct and exclude children under 6 years old; enforce course of 



116 STATE LAWS RELATING TO PUBLIC EDUCATION. 

study and textbooks adopted by State board of education; appoint district 
librarians and enforce rules governing libraries; exclude from schools and 
school libraries literature of a sectarian or partisan character; admit pupils 
from another district on the written permit of trustees of such district; 
appoint a school-census marshal annually; report annually to county super- 
intendent as prescribed by State superintendent; report directly to State 
superintendent when required ; visit and examine every school in the district. 
Board may call meeting of school electors for consultation regarding litiga- 
tion and for other purposes; on petition of 15 per cent of qualified electors 
such meeting must be called ; action of meeting regarding litigation is manda- 
tory on trustees, but in other matters such action is only advisory. Trustees 
may, and on petition of 15 per cent of school electors must, call an election to 
determine (1) location of schoolhouse, (2) purchase or sale of school site or 
schoolhouse, (3) whether transportation shall be provided for children resid- 
ing more than 1 mile from schoolhouse (if majority favor transportation, 
county board of supervisors shall levy a tax in said district to pay for the 
same), (4) whether bonds of the district shall be issued. Only bona fide 
property taxpayers in the district may vote on question of issuing bonds. 
Amount of bonds, including existing indebtedness, shall not exceed 6 per cent 
of value of taxable property of district; county supervisors shall levy a tax 
to pay interest and create a sinking fund; interest shall not exceed 6 per 
cent per annum ; supervisors shall determine time of payment of principal ; 
bonds shall not be sold below par; supervisors, With consent of district trus- 
tees, shall invest sinking fund; on failure of supervisors to niake tax levy, 
State board of equalization shall make it. District trustees must maintain 
school for not less than eight months in the year, and if funds are suflicient 
must maintain them for a longer term ; State and county school moneys shall 
be used exclusively for the payment of teachers' salaries. If, through failure 
of trustees to have census taken, district receives no apportionment of school 
funds, trustees shall be liable for amount which should have been appor- 
tioned. * 

Duties of district clerk: To keep a record of proceedings of school board; 
keep itemized accounts of receipts and expenditures; discharge other duties 
prescribed by board. In districts having an average attendance of 500 or 
more board may employ a clerk at a salary of not exceeding $100 per annum ; 
in districts having a school population of 1,000 or more board may employ a 
clerk at a salary of not exceeding $900. 

See also A (c2), County officers; A (e), School meetings, elections, etc.; 
A (f), Administrative units — districts, etc.; B (d). State taxation for school 
purposes; D (a), Buildings and sites, general; D (e), United States flag in 
schools; H (f). Compulsory attendance; H (g). Child labor; N (a). High 
schools; S (b), Public-school libraries. 

Arkansas: At each annual election held in common-school districts on the 
third Saturday in May the qualified electors shall elect one director for a 
term of three years; judges of election shall determine result and issue 
certificate ; when elected or appointed a director shall forfeit $10 for neglect- 
ing or refusing to serve; vacancy shall be filled at a special election by 
qualified voters, but if district fails to elect within 15 days, county court 
shall fill vacancy. Said directors shall establish separate schools for white 
and colored persons. They shall have charge of the school affairs of the 
district ; shall have the care and custody of school property ; shall purchase 
or lease such school site as may be designated by a majority of the legal 
voters; shall provide a schoolhouse with funds provided by the district for 



A (d). DISTEICT BOARDS AND OFFICEES. 117 

that purpose; shall hire only legally licensed teachers, and shall enter into 
written contract with them. School directors and trustees of public and 
agricultural schools shall not employ as teacher a person related to any 
one of them within the fourth degree, unless petitioned to do so by two- 
thirds of the patrons. Directors may use district funds for insuring school- 
houses. When authorized by a majority of electors, directors may expend 
from common-school fund not exceeding $25 for apparatus approved by 
State superintendent. In counties where textbook uniformity has not been 
voted, directors shall adopt a series of textbooks for a period of three years ; 
they shall see that physiology and hygiene shall be taught in the schools; 
they shall see that elementary agriculture and horticulture is taught; they 
shall visit the schools at least once each term; they shall annually submit 
estimates of expenses of the schools to the district; they shall draw war- 
rants on the county treasurer for the payment of district funds. If a site 
is to be selected or tax to be levied for a schoolhouse, directors shall, in the 
notice for annual meeting, state such fact. The clerk, who shall be one 
of the directors, shall keep a record of the proceedings of the annual meeting 
and shall make a financial statement to such meeting. Directors shall report 
to county clerk so much of the proceedings of the annual meeting as pertains 
to the election of officers and the levy of taxes ; they shall make an annual 
statistical report to the county examiner (or county superintendent). Direc- 
tors may suspend from school any pupil for gross immorality, insubordina- 
tion, or for infectious diseases. County court may on petition of any person 
residing in a district transfer the children or wards of such person to an 
adjoining district for school purposes; such children shall be enumerated in 
the district to which transferred and the district taxes of parent or guardian 
shall be added to the revenues of the district to which children are trans- 
ferred; persons having children transferred shall have the right to vote in 
the district to which transfer is made. Directors shall close schools when 
teachers' examinations are held and during teachers' institutes. 

See also A (e), School meetings, elections, etc.; A (f), Administrative 
units — districts, etc.; H (f), Compulsory attendance. 

California: Except where otherwise provided, every district shall be controlled 
by three trustees; term, three years; vacancies occur under section 996, 
Political Code, or when people fail to elect ; when trustee resigns, resignation 
shall be sent to county superintendent; when new district is formed, old 
trustees residing therein shall continue in office; when joint districts are 
formed, trustees shall be appointed by county superintendents to hold until 
election in April. Boards of education in cities shall be elected under laws 
governing such cities, and their powers shall be as prescribed in such laws, 
except as otherwise provided in this chapter. Powers and duties of school 
trustees and city hoards: To make rules for their own government and 
transact business at regular and special meetings ; control school property 
and pay all moneys received for school purposes to county treasurer; pur- 
chase furniture and apparatus; rent, furnish, repair, and insure school prop- 
erty ; grant use of schoolhouses for community purposes when not inconsistent 
with school purposes ; build schoolhouses or purchase or sell school lots when 
directed by vote of the district ; make in the name of the district conveyance 
of property ; employ principals of schools and, in case of city districts, super- 
intendents and assistants (supervising principals, superintendents, and assist- 
ants may be employed for term of four years) ; employ teachers, janitors, 
and other employees and fix salaries (no employee shall be employed for 



118 STATE LAWS RELATING TO PTJBLIO EDTJCATIOl^. 

longer than one year, provided that after one year teachers shall be con- 
sidered reelected unless given notice to the contrary before June 10; school 
boards may pay teachers by calendar month in 12 installments) ; suspend 
or expel pupils for misconduct ; exclude from schools children under 6 years 
old, except that they may be admitted to kindergartens at 4^ years old and 
to schools for deaf at 3 years old ; enforce course of study and use of text- 
books prescribed by proper authority ; appoint librarians and make rules for 
libraries; exclude from schools and school libraries partisan and sectarian 
literature; keep a register of children applying to be admitted to' school; 
admit children from other districts with consent of trustees of such districts ; 
report annually to county superintendent; report to State superintendent 
when required as to textbooks used; visit every school at least once in each 
term; call meetings to locate schoolhouse or for consideration of other dis- 
trict affairs; let all contracts involving expenditure of more than $200 to 
lowest bidder, except that musical instruments need not be so obtained, and 
old buildings may be repaired by day labor ; give care to health of pupils, 
and where funds are sufficient to employ properly certified persons for such 
work ; provide transportation for pupils where advisable. School board shall 
provide United States flags for schoolhouses and for display in schoolrooms. 
Kindergartens may be established by any school board upon petition of 
parents of 25 or more children 4^ to 6 years old residing within a mile of an 
elementary school ► any school board may establish special classes for five 
or more deaf children 3 to 21 years old. School supplies shall be furnished 
and charges therefor paid out of county school fund. State and county 
funds shall be used only for the support of the schools for eight months; 
at end of year of eight months unexpended balances may be used for out- 
standing claims or carried to next year; if school is run less than eight 
months, such funds shall be reapportioned, except in case of good cause for 
closing school. All of State fund and at least one-half of county fund shall 
be used for paying teachers and may be used for payment of superintendents 
and supervising principals. School boards are liable as such for judgments 
against the district. School boards may establish health and development 
supervision, and for such purpose may employ examining staff of educators 
and physicians. Purposes of supervision: To correct defects of pupils and 
teachers (inspection annually) ; attend to all matters pertaining to school 
hygiene; make special study of retardation and deviation in pupils. Exam- 
iners who are educators shall hold life certificates, and medical examiners 
shall be licensed physicians; both shall hold "health and development cer- 
tificates." School boards shall enforce the provisions of the law prohibiting 
secret societies in the public schools by expulsion if necessary. After all 
obligations against it are discharged, building fund balance shall be trans- 
ferred to regular school fund. 

Poivers of school hoards in cities of fifth class: To establish kindergartens, 
elementary and evening schools; employ superintendent, teachers, janitors, 
etc., and fix their compensation; make and enforce rules and regulations; 
provide lights, water, and incur other incidental expenses; provide and 
furnish schoolhouses; acquire and hold in trust for the city real and per- 
sonal property; improve school lots; determine amount of taxes necessary 
to supplement State and county funds; make regulations for distribution of 
school moneys; discharge legal incumbrances; admit nonresident pupils and 
persons over 21 years old upon payment of tuition fee; prohibit children 
under 6 years old from attending school; establish grades, course of study, 
etc. ; perform such other acts as may be necessary. 



A (d). DISTRICT BOARDS AND OFFICEES. 119 

Taking of illegal fees by a school oflBcer subjects offender to removal 
from office; trial before a court of competent jurisdiction required. 

Clerk. — District trustees shall annually in May elect one of their members 
clerk; if trustees fail to elect and in case of vacancy county superintendent 
shall appoint Duties of clerk: To call meetings of trustees at request of two 
members; keep record of proceedings and account of receipts and expendi- 
tures ; keep records and accounts open to inspection ; do such other duties as 
prescribed by trustees. He shall provide all school supplies provided for by 
law and have general care of school property, under direction of trustees. 

See .also A (b2), State officers; A (c2), County officers; A (e), School 
meetings, elections, etc.; A (f), Administrative units — districts, etc.; C (b), 
Local bonds and indebtedness; D (a), Buildings and sites, general; E (a), 
Certification of teachers, general; F (c), Teachers' pensions; H (f), Compul- 
sory attendance; H (g), Child labor; I (a), Discipline, general; L (a), 
Course of study; N (a), High schools; S (b). School libraries. 
Colorado: District 'boards. — Districts having a school population of 1,000 
or more shall be districts of the first class ; those having 350 to 1,000 shall be 
districts of the second class; those having less than 350 shall be districts of 
the third class. In districts of the first class school board shall consist of 
five members ; term, six years, two or one, as the case requires, being elected 
every two years. In districts of the second and third classes, board shall 
consist of a president, a secretary, and a treasurer; term, three years, one 
being elected each year. After organization, school boards in districts of 
the first and second classes shall have all powers conferred by law on electors 
in districts of the third class. If a director falls to qualify within 20 days, 
county superintendent shall fill vacancy thereby created. In districts of the 
third class, board may at any time, and must when petitioned by 10 legal 
voters, call a meeting of qualified electors who shall include women on the 
same terms as men. Poioers of electors at meetings: To appoint a chairman 
and a secretary in the absence of the regular officers; adjourn from time to 
time; fix site for schoolhouse; order tax for paying teachers, providing sites 
and buildings and school libraries, and for other contingent expenses ; direct 
the sale of school property and the disposition of the proceeds thereof; trans- 
act generally business promoting the cause of education; make rules of 
order for the government of meetings. The president of the board shall pre- 
side at all meetings and sign all orders on county treasurer for the payment 
of district money. Duties of secretary: To keep a record of proceedings: 
countersign all warrants or orders; take annual census of persons 6 to 21 
years old; keep account of school moneys; report annually to county super- 
intendent; report quarterly to school board and render a statement at any 
time required by such board. District treasurer shall countersign all war- 
rants or orders drawn on the county treasurer. Powers of school hoards: 
To employ teachers and other employees and fix their compensation and deter- 
mine the rate of tuition for nonresident pupils; enforce rules and regulations 
of State superintendent, fix the course of study and adopt textbooks: pro- 
vide school furniture, etc. ; rent, repair, and insure schoolhouses ; build or 
remove schoolhouses or sell school lots when directed by vote of the people; 
hold all real and personal property in trust for the district; suspend or 
expel unruly pupils and exclude children under 6 years old; determine 
length of term over and above three months; furnish free textbooks for 
indigent pupils and for all pupils when authorized by a majority vote of the 
district; require all pupils to have suitable books; exclude from schools and 
school libraries all publications of an immoral or pernicious tendency; 



120 STATE LAWS RELATING TO PUBLIC EDUCATION. 

require teachers to conform to the law ; make annual report to county superin- 
tendent as prescribed by State superintendent; report directly to State super- 
intendent when required by him ; permit pupils to attend a more accessible 
school in another district and to arrange for the payment of tuition. A pupil 
residing outside a high-school district may attend high school within the 
county or an adjoining county and the district of his residence shall pay 
tuition not to exceed the average cost per pupil in said high school. Boards 
shall publish annual reports. No officer charged with letting contracts shall 
be in any way interested in a contract, except in his official capacity. 

Appeals. — ^An aggrieved person may within 30 days appeal, in a matter 
of law or fact, from a decision or order of the district school board to 
county superintendent; any person or district board may likewise appeal 
from a decision or order of the county superintendent to the State board 
of education, whose decision shall be final, but neither the county superin- 
tendent nor the State board may render a judgment for money. 

See also A (c2). County officers; A (f), Administrative units — districts, 
etc.; B (a), General State finance and support; C (c). Local taxation: 
D (e). United States fiag in schools; E (b), General certificates; F (b), 
Teachers' salaries; H (c), School year, month, day, etc.; H (f). Compulsory 
attendance; H (g), Child labor; I (e), School fraternities; N (a), High 
schools; U (e), Schools for dependents and delinquents. 
Connecticut: Toicn school officers. — ^Agents of the town deposit funds, high- 
school committees, school visitors, town school committees, and library direc- 
tors shall be voted for by ballot; other town officers shall be appointed by 
the selectmen; plurality vote shall elect officers; terms of officers, one year, 
unless otherwise provided by law. No person shall be ineligible as a member 
of a board of education, board of school visitors, town school committee, 
or district committee by reason of sex. Vacancies in elective offices may be 
filled by election in a legrl town meeting, but until so filled selectmen may 
fill the same. Each town shall at its annual meeting elect a board of school 
visitors to consist of three, six, or nine members as such town may determine ; 
term, three years, one-third being elected every year, but when said board 
consists of three members all shall be elected at the same time for a term of 
three years ; vacancies shall be filled by remaining members until next town 
meeting; in towns holding biennial elections two-thirds of members may be 
elected at one time, as the case requires. In the election of school visitors 
no person shall vote for more than one-half the number to be elected, except 
when the number to be elected is three, five, seven, or nine, in which case 
two, three, four, or five, respectively, may be voted for ; persons receiving the 
highest number of votes shall be elected. School visitors shall annually choose 
from their number a chairman and from the citizens of the town a secretary ; 
they shall prescribe rules for the management, classification, studies, and 
discipline of the schools; shall, subject to State board of education, prescribe 
textbooks; make rules for the school libraries; approve plans for school- 
houses; superintend high and graded schools. The chairman of the board of 
school visitors or of the school committee shall call a meeting of the board 
at least once every six months and may call other meetings. Secretary shall 
keep records, etc., and shall report annually to town meeting and to secre- 
tary of the State board of education; towns and districts from which such 
reports are not received shall forfeit 1 per cent of State apportionment for 
first week of delay, 2 per cent for two weeks, 3 per cent for three weeks, 5 
per cent for four weeks, and 10 per cent for a longer delay. The school 
visitors, town school committee, or board of education shall annually assign 



A (d). DISTRICT BOARDS AInTD OFFICERS. 121 

one or more of their number to visit the schools at least twice during each 
term and report on the condition of the same ; said member shall be the " act- 
ing school visitor." Said board may appoint a person not one of its members 
to be acting school visitor, or superintendent ; any town may fix the compen- 
sation of the acting school visitor or superintendent. Annual town meeting 
may fix compensation of secretary and other acting school visitors, but said 
officers shall receive at least $2 per day for each day employed. Said boards 
may examine and grant certificates to teachers for the schools of their respec- 
tive towns or districts; certificates for grades above the third shall cover 
physiology and hygiene ; certificates for special subjects may be granted. Any 
town, unless otherwise provided, may direct the school visitors to employ the 
teachers for all public schools of the town for such term as it may specify. 
No school visitor or member of a town school committee shall be employed 
as a teacher in the town; such employment vacates the office of visitor or 
committeeman. The selection of school library books and apparatus must 
have the approval of the school visitors. School boards shall annually make 
return to the comptroller the enumeration of children between 4 and 16 
years old, showing the number in school, public or private, in September, 
and the number not in school, with their ages; no town shall receive State 
funds until such report is made. School visitors shall annually report to 
the selectmen; said visitors shall annually report to the secretary of the 
State board of education the names and post-office addresses of district com- 
mittees, and after school opens, the names, etc., of teachers. No board of 
school visitors, town school committee, or board of education shall change 
any textbooks, except by a two-thirds vote of all the members of said board, 
but additional readers may be adopted if furnished free to pupils. School 
boards may require children to be vaccinated before entering school; said 
boards may exclude children under 5 years old. All school officers shall 
preserve books and documents of permanent value and turn them over to 
their successors. 

School committee. — No town shall receive any money from the State for 
any district unless the school therein has been kept for at least 36 weeks, 
but no school need be maintained in any district in which the average at- 
tendance for the preceding year was less than eight. In said schools shall 
be taught reading, spelling, writing, English grammar, geography, arithmetic. 
United States history, ^.nd such other branches, including elementary science 
and manual training, as the school board may prescribe. Schools shall be 
open to all children over 5 years old without regard to race or color, but 
school board may admit children over 4 years old; kindergartens may be 
established for children over 3 years old. State board of education shall 
prepare an outline relating to the duties of citizenship, which shall be 
taught in the public schools. Town may direct school board to employ 
teachers for such terms as it may specify; it may direct that a teacher of 
vocal and instrumental music be employed. Hygiene, including the effects 
of alcohol and narcotics, shall be taught in the public schools above the third 
grade, but this shall not apply to high schools; normal and training schools 
shall give instruction in this subject. Any town may direct the school board 
to purchase textbooks and supplies and loan the same to pupils free of 
charge; on petition of 20 voters, question of furnishing free textbooks shall 
be submitted to voters ; in towns not furnishing free textbooks, acting school 
visitor shall furnish books to pupils whose parents are unable to purchase 
them. Every town shall furnish by transportation or otherwise school 
accommodations, so that every child between 7 and 16 years old can attend 



122 STATE LAWS EELAHKQ TO PUBLIC EDUCATION. 

school as required by law; on Its failure to do so, parent or guardian or 
agent charged with the enforcement of the compulsory-attendance law may 
make complaint and school board shall grant a hearing; an aggrieved party 
may appeal to State board of education, which board may request the proper 
school officer to arrange to enable the parent or guardian to comply with the 
compulsory-attendance law, and if such officer does not take action within 
one month, there shall be a forfeiture of State money of $2.50 per week for 
each child thus deprived of schooling. Except when school districts have 
been abolished and a town school committee has been elected for the entire 
town, the selectmen shall have control of school property. The governor 
shall annually, in the spring, designate an arbor and bird day to be observed 
in the schools; he shall annually designate June 14 as flag day, and such 
day shall be observed in the public schools. The selectmen shall provide each 
school with a United States flag and shall arrange for its display on the 
schoolhouse grounds. At least five days' notice shall be given prior to any 
town meeting, annual or special, or to any meeting of a city, borough, school 
society, school district, or other public community. 

Superintendent. — School committee, board of school visitors, or board of 
education may choose a superintendent of schools, fix his salary, and pre- 
scribe his duties, which shall include those of the acting school visitor. Two 
or more towns together employing more than 30 and not more than 50 
teachers may unite by vote of the school committee, school visitors, or board 
of education and employ a superintendent; such supervision district shall 
continue for a term of three years, at the expiration of which any town may 
withdraw; on proper certificates being made by secretaries of towns con- 
stituting supervision district. State shall pay one-half of superintendent's 
salary, but not exceeding $800 annually. Superintendent shall have had at 
least five years' experience as a teacher or superintendent or must hold a cer- 
tificate of approval by the State board of education. School board of any 
town employing more thiin 20 and not more than 30 teachers may employ 
a superintendent, who must hold a certificate of approval by State board, 
and State shall pay one-half of the salary of said superintendent, but not 
exceeding $800. Any town employing not more than 20 teachers may petition 
the State board of education and said board may appoint and fix the salary 
of a superintendent, whose duties shall include those of acting visitor for 
said town; State board shall pay the salary of said superintendent. Any 
town employing more than 20 teachers and in which there is no superin- 
tendent approved or appointed by the State board, the town meeting may 
vote to instruct its school board to choose a superintendent or request the 
appointment of a supervising agent. 

District committee. — The committee of every district shall give due notice 
of all meetings, may call special meetings, and shall call meetings on the 
written request of one-fifth or of 10 of the legal voters of the district. Duties: 
To provide suitable schoolrooms and furnish the same with fuel; visit the 
schools at least twice each term ; provide textbooks for indigent pupils ; expel 
pupils guilty of "incorrigibly bad cnduct " ; give to the secretary of the 
board of school visitors notice of the opening and closing of the school term ; 
make return of the enumeration of children residing in the district on the 
first day of October each year; make annual statistical report to the secre- 
tary of the board of school visitors. 

See also A (bl), States boards; A (f) Administrative units — districts, etc.: 
B (a), General State finance and support; D (c), Schoolhouses, decoration, 
care, etc.; E (b). General certificates; G (c), County and local normal 



A (d). DISTRICT BOAEDS AITB OFnCEBS. 123 

schools; H (f), Compulsory attendance; J (a), Health, general; N (a), 
High schools; O (a), Industrial education, general; S (b, Public-school 
libraries. 

Delaware: See A (cl), County boards; H (f). Compulsory attendance; H (g), 
Child labor; K (b) Free textbooks. 

Florida: See A (cl), County boards; A (c2), County officers; A (f), Adminis- 
trative units — districts, etc.; K (b), Free textbooks; M (b), Kindergartens. 

Georgia: See A (bl), State boards; A (b2), State officers; A (cl), County 
boards; A (f), Administrative units — districts, etc.; B (e), State aid for ele- 
mentary education; C (b), Local bonds and indebtedness; H (g), Child labor; 
J (c), Vaccination; 0(c), Trade schools. 

Idaho: Board of district trustees shall consist of three members, qualified 
electors ; term, three years, one retiring each year ; elected by qualified voters 
at annual school meeting. School meeting, except in independent districts, 
shall be on third Monday in April ; clerk shall post notice in three public 
places; election of trustees shall be by ballot. Annual meeting shall deter- 
mine if a special tax shall be levied not to exceed 5 mills on the dollar; 
amount of money to be raised shall be determined by ballot; only resident 
freeholders or heads of families shall vote on question of taxation; county 
commissioners shall levy a tax sufficient to raise amount determined by 
district meeting. Meeting shall determine length of school term, which shall 
not be less than five months in a district having less than 20 pupils of school 
age, less than six months in a district having 20 to 75 pupils, less than nine 
months in a district having over 75 pupils; State funds withheld if term is 
shorter than required by law. On failure of meeting to vote necessary tax, 
trustees may levy it. In addition to notice of meeting posted by clerk, county 
superintendent shall publish general notice in newspaper. Trustee shall 
qualify within 15 days after receiving notice of their election. Assessor 
shall assess and collect school taxes as other taxes, but separate accounts 
shall be kept. Board of trustees shall hold regular meetings quarterly and 
may hold special meetings. Duties of trustees: To employ teachers who 
shall hold valid certificates; allow and order paid teachers' salaries; fix 
compensation of clerk ; determine nonresident tuition fees, but a graduate of 
the eighth grade may attend any high school in the county and county super- 
intendent shall transfer such pupil's proportion of school fund ; may discharge 
a teacher for cause ; may not compel teacher to make up time spent attend- 
ing an institute ; have charge of school property and hold real estate in trust ; 
locate and build schoolhouse when directed by vote of the district. No trustee 
shall be pecuniarily interested in a contract made by the board. Trustees 
must furnish all necessaries, as fuel, janitor service, apparatus, etc. At least 
3 per cent of moneys annually appropriated to district, other than independ- 
ent district, shall be applied to maintenance of a school library. Clerk of 
board shall keep record of transactions of district, which shall be open to 
county superintendent; trustees shall report annually to county superintend- 
ent ; trustees shall determine case of disorderly pupil. Clerk shall enumerate 
children between 6 and 21 years old and report result to county superin- 
tendent. No trustee shall vote to elect a relative of his or his immediate 
family as a teacher. Trustees may employ an attorney. Trustees shall pro- 
vide flagpole and United States flag; they may determine whether pupils out- 
side the county may attend school within their district; they shall make 
annual report, which shall be posted in three public places; in independent 
• districts report shall be published in nearest newspaper. Trustees -may desiff- 



124 STATE LAWS RELATING TO PUBLIC EDUCATION. 

nate one of their number to attend a meeting called by county superintendent 
and may pay expenses of such member. 

See also A (bl), State boards; A (b2), State officers; A (c2), County 
officers; A (f), Administrative units — districts, etc.; B (a), General State 
finance and support; F (a), Teachers' contracts, duties, etc.; H (f). Compul- 
sory attendance; H (g), Child labor; J (a), Health, general; L (a), Course 
of study; M (b). Kindergartens,; N (a), High schools; S (b), Public-school 
libraries. 

Illinois: Trustees. — Each congressional township is created a township for 
school purposes; when a fraction of a congressional township contains fewer 
than 200 persons under 21 years old the school trustees, on petition of a 
majority of the adult inhabitants of said fraction, may by agreemnt with 
the trustees of an adjacent township consolidate the territory, funds, and 
other property of said fraction with said adjacent township. The school 
business of a township shall be transacted by three trustees elected by the 
qualified voters; such township shall be a body corporate; where township 
contains three or more school districts no two trustees shall be elected from 
the same district ; township treasurer shall give notice of election, or in case 
of his failure or the failure of the trustees county superintendent shall give 
such notice ; judges of election shall send poll book and certificate of election 
to county superintendent; terms of trustees, three years, one being elected 
each year. Trustees shall elect one of their number president; regular 
meetings shall be held semiannually and special meetings may be held. At 
regular meetings trustees shall apportion school funds to the several dis- 
tricts of the township in proportion to the number of persons under 21 years 
old. Trustees shall make an annual report to the county superintendent; 
any township from which such report is not made shall forfeit its portion 
of the distributive school fund for the next ensuing year; where township 
is divided by one or more county lines, separate statistical reports shall 
be made to superintendent of each county; at each semiannual meeting 
trustees shall examine the books and accounts of township treasurer or other 
township school officer; trustees may receive gifts fo.c schools and libraries 
and shall be invested with all school property; they may on petition of a 
majority of the voters of the district sell unnecessary or unsuitable school 
sites and buildings; they may purchase real estate in satisfaction of a 
judgment or other indebtedness and may sell such real estate in the manner 
prescribed for the sale of the sixteenth section. In a newly organized town- 
ship trustees shall divide the same into convenient districts. They may 
divide a district into two or more districts when petitioned by a majority 
of the voters of the district; they may consolidate two or more districts 
when petitioned by a majority of the voters of each ; they may detach terri- 
tory and add it to an adjoining district when petitioned by a majority of 
the voters of each or by two-thirds of those residing in the territory de- 
scribed in the petition; they may create a new district from parts of two 
or more districts when petitioned by a majority of the voters of each dis- 
trict affected or by two-thirds of those residing within the territory described 
in the petition; they may create a new district by dividing the territory of 
an existing district when petitioned by two-thirds of the voters residing in 
the territory described in the petition. Changes may be made in boundaries 
of districts lying in two or more townships by concurrent action of the several 
boards of trustees of townships in which such district or districts lie, acting 
on petition as prescribed in the foregoing section. In school districts, whether 
operating under this act or a special charter, the request for a change of 



A (d). DISTRICT BOARDS AND OFFICERS. 125 

boundaries may be submitted to the trustees by vote of the people instead of 
by petition. A majority of the voters of a district lying in two or more 
townships may secure the dissolution of such district by petition to the 
trustees of the several townships. If any school district shall for two con- 
secutive years fail to maintain a public school as required by law, the trustees 
of the township or townships shall attach such district to one or more ad- 
joining districts. Any city, township, or district in which schools are man- 
aged under a special act may vote of the qualified electors cease to operate 
under said special act and become a part of the township system ; on petition 
of 50 voters school board shall submit the question to an election and a 
majority vote shall determine; after such change an election shall be held 
to elect school directors or board of education of said district; petitioners 
or legal voters who oppose the change of boundaries of a district may appeal 
from the decision of the township trustees to the county superintendent, 
whose decision shall be final ; if an appeal is taken from a district lying in 
two or more counties, such appeal shall be filed with the superintendent of 
one of said counties and the superintendents of all counties concerned shall 
meet and determine appeal. In case any territory shall be set off from a 
district having a bonded debt, the change not being petitioned by a majority 
of the voters of the district, such original district shall be liable for said 
bonded debt as if not divided. When the trustees of schools shall organize 
a new district, the clerk of such trustees shall call an election in such dis- 
trict to elect three school directors; term of directors three years, one 
being elected each year; said directors shall elect one of their number presi- 
dent and one of their number clerk. When a new district has been formed 
from a part of a district or parts of two or more districts, the trustees of 
the township or townships concerned shall make a distribution of the funds 
in the hands of the treasurer, so that the old and new districts shall receive 
parts of such funds in proportion to the amount of taxes collected next pre- 
ceding such division from the taxable property in the territory composing 
the several districts. When a new district is formed the debts of the old 
districts shall first be deducted and the remaining property shall be appraised 
and each district concerned shall be entitled to its share of the value thereof. 

Treasurer and clerk. — Board of township trustees shall biennially elect a 
township treasurer, who shall be ex officio clerk of the board ; he shall keep a 
record of the proceedings of the board, which shall be open to inspection ; he 
shall give bond in a sum equal to twice the amount of money and effects to 
be handled ; he shall keep his accounts in the manner prescribed by the State 
superintendent, the county superintendent, or the township trustees; he shall 
be the only depository of township and district school funds and effects; he 
shall keep the principal of the township fund loaned at interest of not less 
than 4 nor more than 7 per cent; he shall annually render to the county 
superintendent a statement of the condition of the township fund; he shall 
semiannually submit a statement to the township trustees; he shall, in April 
and July, report to each district or part of district in the township the condi- 
tion of the finances of such district or part of district; he shall pay out no 
funds of a district except on an order of the directors of said district. 

Board of education. — In all school districts organized under any special laws 
and maintaining schools under any general school laws, where there is no 
provision in said special laws for the election of boards of education, there 
shallbe elected in each of said special school districts a board of education to 
consist of seven members; said election shall be held at the same time and 
in the same manner as now provided by general law for the election of boards 



126 STATE LAWS RELATING TO PUBLIC EDUCATION; 

of education in other cases ; said board shall have all the rights, powers, and 
duties of boards of education in cities and towns of 1,000 to 100,000 population. 

Board of directors. — In all districts having a population of less than 1,000 
and not governed by special acts there shall be elected a board of directors 
to consist of three members ; any resident of the district over 21 years old able 
to read and write and not a treasurer or a township trustee shall be eligible 
to membership; term, three years, one being elected each year. Board shall 
elect one of its members president and one clerk ; it shall hold regular meet- 
ings as it may determine, and special meetings may be held on the call of the 
president or two members. Clerk shall keep a record of proceedings, which 
shall be open to inspection by township treasurer. Dtities of directors: To 
make at annual election and to township treasurer a statement of receipts and 
expenditures ; report to county superintendent the names of teachers employed, 
with the beginning and end of their contracts ; provide for necessary revenue ; 
determine, in case of a district composed of parts of two or more townships, 
which township treasurer shall receive the taxes of the district; adopt and 
enforce rules for the government of the schools ; visit and inspect the schools ; 
appoint teachers and fix their salaries; direct what branches of study shall 
be taught and what textbooks shall be used, but books shall not be changed 
oftener than once in four years ; maintain for at least six months a sufficient 
number of schools to accommodate all persons in the district between 6 and 
21 years old ; provide textbooks for children whose parents are unable to buy 
them ; deliver to township treasurer on or before July 7 all teachers' salary 
schedules ; pay no public money to teacher not holding certificate or not having 
complied with the law; have treasurer's report entered upon its records and 
post the same in public. Powers of doard: To provide necessary records; fix 
the clerk's compensation ; dismiss a teacher for cause ; assign pupils to schools 
and admit nonresident pupils and fix their tuition fees ; suspend or expel dis- 
orderly pupils ; provide that children under 12 years old shall not be kept in 
school more than four hours daily ; appropriate school funds for the purchase 
of libraries and apparatus; sell unneeded personal property; grant special 
holidays; have control of school property and grant the use of schoolhouses 
for community purposes ; decide when a site or schoolhouse has become unsuit- 
able, unnecessary, or inconvenient; borrow money and issue bonds as pro- 
vided by law ; furnish each school with a United States flag ; establish classes 
of not fewer than 15 pupils for crippled children between 3 and 21 years old ; 
establish kindergartens for children between 4 and 6 years old when author- 
ized by vote of the district, but teacher must have kindergarten certificate. 
When there is no money in the treasury of the district to pay ordinary ex- 
penses, directors may issue warrants to extent of 75 per cent of taxes to be 
collected later. Directors shall pay teachers monthly. It shall not be lawful 
for directors to purchase or locate a school site or to purchase, build, or move 
a schoolhouse or to levy a tax to extend schools beyond nine months unless 
authorized by vote of the district. Boards of directors shall have the right of 
eminent domain In securing a school site, but no tract of land outside of an 
incorporated city or village or within 40 rods of the owner's residence shall 
be taken without the owner's consent. With written consent of a majority 
of the directors of each district, pupils may be transferred from one district 
to another ; when the number of pupils between 6 and 16 years old in a school 
becomes less than six the directors may transfer such pupils and pay for 
transportation. 

Cities of 1,000 to 100,000 population. — In all districts having a population 
of between 1,000 and 100,000 and not governed by special acts there shall be 



A (d). DISTRICT BOARDS AKD OFFICERS. 127 

elected a board of education, to consist of a president, six members, and three 
additional members for every additional 10,000 inhabitants; but no board 
shall consist of more than 15 members. Incorporated cities and villages, 
except' such as have control of schools by special acts, shall remain parts 
of the townships in which they are situated; president shall be elected an- 
nually, when other members are elected: the election of boards of education 
shall be governed by the provisions relating to the election of boards of di- 
rectors in districts of less than 1,000 population; nominations for president 
and members of board shall be by petition of not less than 10 nor more than 
50 legal voters. Board of education shall have same powers and duties and 
be subject to same limitations as boards of directors, and shall have follow- 
ing additional powers and duties: To establish and support free schools for 
not less than 6 nor more than 10 months each year; repair and furnish 
schoolhouses ; examine teachers supplemental to other examinations and 
employ teachers and fix their salaries; establish schools of dilferent grades; 
buy or lease sites for schoolhouses, but such board may not purchase or locate 
a schoolhouse site or purchase or move a schoolhouse unless authorized to 
do so by majority of votes cast at an election on such question, except that 
if no locality receive a majority, said board may so act ; levy a tax to extend 
schools beyond 10 months in each year when so petitioned by a majority of 
the legal voters; employ a superintendent; divide the district into subdls- 
tricts ; dismiss any teacher for cause ; apportion pupils to the several schools ; 
appoint a secretary; prepare and publish an annual report and program of 
studies; request township trustees to convey any real estate or interest 
therein used for school purposes. 

Cities of over 100,000 population. — Boards of education in cities having over 
100,000 population shall consist of 21 members, appointed by the mayor, with 
the consent of the council ; term, three years, seven being appointed each year ; 
board shall appoint one of its members president, and shall appoint a secretary 
and other necessary employees. Board shall have power, with the concurrence 
of the city council, to erect or purchase schoolhouses and keep the same in re- 
pair; buy or lease sites for schoolhouses and exercise the right of eminent 
domain ; issue bonds for providing sites, buildings, etc., and provide for the pay- 
ment of the same. Powers of hoard: To furnish schools with furniture, ap- 
paratus, etc. ; maintain schools and supply from taxes the inadequacy of the 
school funds for the salaries of teachers; hire buildings or rooms; employ 
teachers and fix their salaries ; prescribe textbooks and the course of study ; 
divide the city into school districts and generally to control the schools ; expel 
pupils for misconduct ; dismis a teacher for cause ; apportion pupils to schools ; 
lease school property and lend moneys belonging to the school fund ; grant the 
use of schoolhouses for community purposes. Duties of J)oard: To control all 
the schools; examine and certificate teachers; visit the schools as often as 
once a month; make rules and regulations; determine how many and what 
class of teachers shall be employed ; have charge of school property ; provide 
fuel and other necessaries for schools; establish and maintain vacation 
schools and playgrounds; inquire into the progress of pupils; report to the 
city council, with recommendations; prepare and publish an annual report. 
Nne of the powers herein conferred shall be exercised except at a regular meet- 
ing. All real estate shall be held in trust by the city for the schools, and 
no sale of the same shall be made except by the city council upon request 
of the school board. All moneys raised by taxation for schools or received 
from the State school fund, or from any other source for school purposes, 
shall be held by the city treasurer for such purpose, subject to the order of 



128 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tlie board of education, upon warrants countersigned by tlie mayor and city 
comptroller or city clerk. Board shall not add to expenditures any amount 
in excess of lawful receipts. 

Common council. — In all cases where by a general or special act the mem- 
bers of the common council of any city have been made ex officio school 
directors or members of boards of education the said directors or members 
of the school board shall hereafter be appointed by the mayor, with the 
consent of the common council; said mayor shall nominate to council one 
member from each ward and one from the city at large, and when confirmed 
such persons appointed shall constitute the board of directors or board of 
education, as the case may be. Said board shall succeed to the rights, 
powers, and duties of the common council as ex officio board of education; 
such school board shall certify to city council the amount of money neces- 
sary to be raised by taxation for school purposes, and said council shall 
cause the same to be levied and collected. 

Any woman over 21 years old, who is otherwise qualified, may hold any 
office under the general or special school laws of this State. Any woman over 
21 years old who is otherwise qualified under the law may vote at an election 
for school officers. 

See also A (b2), State officers; A (c2), County officers; B (b). State school 
lands; (b). Local bonds and indebtedness; (c), Local taxation; F (c). 
Teachers' pensions; H (f). Compulsory attendance; H (g). Child labor; N 
(a), High Schools; U (e), Schools for dependents and delinquents. 

Indiana: Township trustees. — Every township organized in any county is 
declared to be a school township. Women possessing qualifications prescribed 
for men shall be eligible to any office under the general or special school 
laws. The election of township trustee and assessor shall be on Tuesday 
after the first Monday in November, 1914, and every four years thereafter; 
said election shall be by ballot, in boxes separate from those of general elec- 
tion. The common council of each city and the board of trustees of each 
incorporated town shall at regular meetings elect three school trustees ; term 
of trustees, three years, one being elected each year. One trustee shall be 
elected president, one secretary, and one treasurer. Trustees shall receive 
such compensation as said council or board of trustees may fix. This act, 
relative to the appointment of school trustees, shall be mandatory upon those 
incoporated towns wherein the school corporations have been abandoned; it 
shall not apply to cities of over 50,000 inhabitants. General duties : To have 
charge of schools of their respective townships, towns, and cities; employ 
teachers; establish a sufficient number of schools and provide necessary 
buildings, furniture, etc. They may establish a graded high school or the 
trustees of two or more school corporations may unite and establish such a 
school ; any school trustee may, in lieu of establishing a high school for his 
township, transfer high-school pupils to another school corporation. When 
the taxable property of any township not having a high school shall exceed 
$600,000, and for two years there have been eight or more graduates of the 
elementary schools of said township, the trustee thereof may establish a high 
school; when a majority of persons having charge of children of school age 
in such a township shall so petition, said trustee must establish such a school. 
Trustees of school corporations shall maintain school for at least six months 
in each year and shall authorize a tax levy for the same. Said trustees shall 
have charge of all school property of the corporation except the congressional 
township school lands, which lands shall be under the control of the trustees 
of the civil township (distinguished from school township). Each town- 



A (d). DISTKICT BOAEDS AND OFFICEES. 129 

ship and incorporated city or town is declared a municipal corporation for 
school purposes. Trustees shall keep a record of their proceedings and 
accounts of all school funds, distinguishing between " special school revenue " 
belonging to the township and " revenue for tuition," which is a State fund 
and must be used for tuition only. Trustees of any city or incorporated 
town shall pay over to the council or trustees of said city or town any surplus 
special school revenue to be used in paying indebtedness incurred for buildings 
and grounds. Trustees of incorporated towns and cities may employ a super- 
intendent of schools; they shall annually make to the county superintendent 
a statistical and financial report ; on failure of any trustee or trustees to make 
statistical or financial report or report of enumeration, county superintendent 
shall notify auditor, who shall withhold $25 from the next apportionment to 
said corporation. Trustee neglecting duty may forfeit $10 and when refusing 
or failing to serve after election shall forfeit $5. Books and accounts of any 
trustees shall call an election to determine the question of establishing a joint 
auditor, or county commissioners. School trustees of townships, towns, and 
cities shall annually take or cause to be taken an enumeration of all unmar- 
ried persons between 6 and 21 years old residing in the township, town, or 
city, but such persons transferred to other corporations for school purposes 
shall not be enumerated and such persons transferred from other corpora- 
tions shall be enumerated ; enumeration shall be reported annually to county 
superintendent. When 25 legal voters of a town or city of the fifth class and 
25 such voters of the township but residing outside of said town or city shall 
petition the trustees of said town or city and the township trustee, said 
trustees shall call an election to determine the question of establishing a joint 
graded school or a joint high school. 

Advisory 'board. — ^At the time of the election of township trustee the voters 
of the township shall elect an advisory board to consist of three freeholders 
and qualified voters ; term of members, four years. At its annual meeting said 
board shall consider the various estimates of township expenditures and may 
reject any of the same. When estimates are approved said board shall deter- 
mine and fix rates of taxation. Contracts let for schoolhouses, etc., must 
have the approval of said board. 

Trustees in cities. — ^Any city having between 15.000 and 55,000 inhabitants 
is declared a school corporation separate and distinct from the civil corpora- 
tion, and board of school trustees shall be vested with the control of the 
common schools. General school laws not inconsistent herewith shall apply 
to said city. Trustees may borrow money and issue bonds to buy grounds 
and erect buildings for a high school and a manual-training school; bonds 
shall not exceed $125,000 in amount. Trustees shall levy a tax to create a 
sinking fund and pay interest on said bonds, but tax levy for all purposes 
except for tuition, library, and compulsory-education purposes shall not exceed 
50 cents on each $100 and a poll of $1. 

Trustees in cities. — The government of the common schools in cities of be- 
tween 55,000 and 63,000 inhabitants shall be vested in a board of five school 
trustees; qualifications required of trustees similar to those of school com- 
missioners of cities of over 100,000 inhabitants ; compensation, $500 each per 
annum ; elected from city at large by qualified voters ; term, four years ; each 
candidate shall be proposed in writing by not fewer than 200 legal voters. 

See also A (c2). County ofiicers; A (e), School meetings, elections, etc.; 

A (f), Administration units— districts, etc.; B (a). General State finance and 

support; C (b), Local bonds and indebtedness; D (a), Buildings and sites, 

general; D (e) United States flag in schools; F (a), Teachers' contracts, 

3966°— 15 9 



130 STATE LAWS BELATING TO PUBLIC EDUCATION. 

duties, etc.; F (c), Teachers' pensions; H (e), Consolidation of districts, etc.; 
H (f), Compulsory attendance; J (b), Medical inspection; K (c), Uniformity 
of textbooks; M (d), Vacation schools, playgrounds, etc.; N (a), High schools; 
O (a), Industrial education, general; S (b), Public-school libraries. 

Iowa: Board of directors shall meet annually and organize by electing one of 
its number president and a person not a member secretary. A treasurer shall 
be elected in like manner, except that in cities and towns treasurer shall be 
elected by vote of the people. Secretary and treasurer shall each give bond. 
Secretary shall keep a record of the proceedings of the board and of reports 
and shall countersign all warrants drawn by the president upon the county 
treasurer; he shall give notice of special meetings of voters; he shall 
annually register the name, sex, and age of every person between 5 and 21 
years old residing in the corporation and also the name of the parent or 
guardian; he shall make an annual statistical report to the county superin- 
tendent ; he shall certify to board of supervisors the amount fixed by directors 
as needed for the contingent and teachers' fund and amount of schoolhouse 
tax fixed by voters. The treasurer shall receive all moneys belonging to the 
school corporation and shall pay the same out only on the order of the presi- 
dent countersigned by the secretary ; he shall keep a separate account of each 
fund and report to board when required. Vacancies in officers or members 
of school board shall be filled by the board. The board shall prescribe a 
course of study, make rules for the government of the schools, and have the 
care of the school property. Board may fix sites for schoolhouses, determine 
number of schools to be conducted, and fix length of term beyond tliat re- 
quired by law. Every school shall be free to all residents of the corporation 
who are between 5 and 21 years old and each school shall continue at least 
24 weeks, unless county superintendent shall authorize a shorter term. Board 
may rent a room and employ a teacher when there are 10 children for whose 
accommodation there is no schoolhouse; when children reside at an unrea- 
sonable distance from their own school, board may contract with another 
corporation for their tuition ; when there will be any saving of expense board 
may pay for the transportation of pupils. Instruction shall be given in 
physiology and hygiene with special reference to the effects of alcoholic 
drinks and narcotics upon the human system. Board may establish high 
schools or union graded schools and prescribe a course of study therefor sub- 
ject to the approval of the State superintendent; it may select a person to 
have general supervision of the schools of the district. Board may establish 
kindergartens to be paid for in the same manner as other grades and de- 
partments; kindergarten teachers must hold certificates granted upon ex- 
amination by county superintendent. Board shall carry into effect instruc- 
tions of annual meeting on matters subject to control of votors ; it shall elect 
and contract with teachers, but may permit subdirector to employ teacher for 
his subdistrict. Board shall not erect a schoolhouse without first securing 
county superintendent's approval of plans; it shall advertise for bids for 
the construction of any building costing more than $300. Board shall audit 
all claims against the corporation before they are paid ; it shall from time to 
time examine the books of the treasurer and shall report annually to the 
meeting of the voters showing receipts and expenditures; it shall publish 
prior to each annual meeting of voters a financial statement and estimate 
of amount of money needed for ensuing year; it shall provide for visiting 
the schools by one or more of its members. Board may dismiss a teacher 
or expel a pupil for cause; it may confer upon a teacher, principal, or super- 
intendent the authority to dismiss a pupil temporarily. The contingent 



A (d). DISTEICT BOARDS AND OFFICERS. 131 

fund may be used for insuring buildings, apparatus, ordinary contingent 
expenses, and for free textboolis for indigent pupils. Board may authorize 
ttie director of each subdistrict to make contracts for the purchase of fuel, 
the repair and furnishing of schoolhouses, and other matters necessary for 
the good of the schools, but such contracts must have the approval of the 
president of the board. Each director shall annually make a list of the 
heads of families and of the number and sex of all persons of school age and 
shall report the same to the secretary of the school township. Board shall 
cause to be set out on each school site 12 or more shade trees if such trees 
are not already growing. Every teacher must have a certificate from an 
ofiicer authorized to issue the same. Each teacher must keep a register of 
attendance of pupils and at the close of school must file the same in the office 
of the secretary. 

See also A (c2), County officers; A (f), Administrative units — districts, 
C (b), Local bonds and indebtedness; C (c), Local taxation; H (e). Con- 
solidation of districts, etc.; H (f). Compulsory attendance; I (e), School 
fraternities; K (c), Uniformity of textbooks; S (b), Public-school libraries; 
U (b). Wrongs to children. 

Kansas: The officers of a school district shall be a director, clerk, and treas- 
urer ; term, three years, one being elected each year ; officer may be removed 
by court for neglect of duty and county superintendent shall fill vacancy. 
Director shall preside at all meetings and sign all orders; clerk shall keep 
record of meetings and draw all orders ; clerk shall make to annual meeting 
a statistical report which shall be forwarded to county superintendent. 
Poivers of Ijoard: To provide site and schoolhouse w^hen directed by voters; 
sell school property when directed by A^oters; make rules for district library 
and appoint a librarian; have charge of school property and allow use of 
schoolhouse for community purposes; contract with qualified teachers, fix 
salaries, and in conjunction with county superintendent dismiss teachers for 
cause; no husband, wife, son, or daughter of a member of board shall be em- 
ployed as a teacher. Teacher shall keep record of enroFment, attendance, etc., 
and report same to district clerk at end of term. Board may suspend immoral 
or disorderly pupil, but such pupil may appeal to county superintendent. 
Board shall visit each school at least once a term. Board shall annually 
certify to county commissioners amount by them determined to be necessary 
to maintain schools, and said commissioners shall levy tax sufficient to raise 
such amount in the district, but not to exceed 4^ mills, unless a higher levy 
is voted by qualified voters. In case judgment is obtained against any dis- 
trict, school board shall levy a tax to pay the same. 

See also A (b2), State officers; A (c2). County officers; A (f). Administra- 
tive units — districts, etc.; B (c), Permanent State school funds; C (b), 
Local bonds and indebtedness; D (e). United States flag in schools; E (b), 
Teachers' certificates, general; F (c). Teachers' pensions; H (e), Consolida- 
tion of districts, etc.; H (f). Compulsory attendance; H (g). Child labor; 
M (b). Kindergartens; M (c), Evening schools; N (a), High schools; O (a), 
Industrial education, general. 

Kentucky: Each city of the second class shall constitute a single school dis- 
trict and the government of school property therein shall be vested in a board 
of five trustees, known as the board of education. They shall be a body 
corporate and shall have corporate powers. (Their powers and duties are 
substantially the same as those given to the board of education of cities of 
the first class, changes being made here and there to adapt the law to the size 
of the city in which it is to be executed, but the changes are changes In 



132 STATE LAWS RELATING TO PUBLIC EDUCATION. 

degree and not in general character, and many paragraphs of the two laws 
are the same. The more important changes are that in cities of the second 
class the business director performs also the duties of the secretary-treasurer ; 
funds on deposit in one bank instead of two ; the tax rate is fixed at 30 cents 
on the hundred dollars, which the general council may raise to 40 cents; 
school improvement bonds, not to exceed $250,000, may be voted. ) 

Public schools in cities of the third class shall be maintained for children 
6 to 20 years old under control of a board of education consisting of two 
trustees from each ward; they shall have the same qualifications as council- 
men; shall be a body politic and corporate with the usual powers; may sell 
school property and reinvest the same; select textbooks; prescribe courses 
of study ; hold examinations and determine qualifications of officers and teach- 
ers ; establish high schools ; fix grade of public schools and prescribe rules for 
transfer ; establish kindergartens and manual-training schools ; make reports ; 
ascertain amount of money necessary to maintain schools, and general council 
shall make necessary levy not to exceed 50 cents on the hundred dollars; shall 
provide separate schools for white and colored ; no member shall be interested 
in any contract or textbook ; the board shall elect its own treasurer ; it shall 
control school funds of the city, which shall be paid only on order of the 
board; it shall have the power to establish a public-school library out of any 
funds coming into its hands except those received from taxation; it shall 
have power to purchase textbooks for indigent children and to admit non- 
resident children to the schools and collect tuition fees. 

There shall be maintained in cities of the fourth class a system of public 
schools for children between 6 and 20 years old; rules and regulations gov- 
erning their establishment and conduct in cities of fourth class essentially 
same as in cities of third class, except that in matters pertaining to real 
estate board of education must have concurrence of the city council. Also, 
any city of the fourth class shall constitute one common-school district and 
the State superintendent shall pay every year to the white board of educa- 
tion the amount per capita for each white child of pupil age, and in like man- 
ner to the colored board of education; any city of the fourth class may by 
ordnance separate its system of graded free schools into a graded free white 
common school and a graded free colored common school ; each shall be main- 
tained by its pro rata ; no taxes raised from property or poll of any white 
person or corporation shall be used for support of colored schools ; nor shall tax 
or poll of any colored person be used for white schools ; city shall fix maximum 
of tax and poll; after systems have been established as here provided for 
they shall be maintained, managed, and controlled as provided for by gen- 
eral law; board of education for city shall convey property used for white 
pupils to board of trustees for graded free white common schools and property 
of colored schools to board of colored trustees ; either whites or colored may 
then vote on proposition to abolish the white or colored graded common 
school therein existing, each race to vote on its own schools only; board 
of council of city shall have power to collect tax of not exceeding 50 cents 
for maintenance of public schools or erection of public-school buildings; this 
limitation shall not apply where a bonded indebtedness has been incurred for 
construction, improvement, or acquisition of school buildings or property, and 
where such indebtedness has been incurred there may be levied, in addition, a 
tax sufficient to pay the interest and provide a sinking fund. 

See also A (b2), State officers; A (c2), County officers; A (e) School meet- 
ings, elections, etc.; A (f), Administrative units — districts, etc.; F (c). 
Teachers' pensions; H (f), Compulsory attendance; H (g). Child labor; 
K (c), Uniformity of textbooks; S (b), Public-school libraries. 



A (d). DISTRICT BOAEDS AISTD OFFICEBS. 133 

Louisiana: Management of public schools of parish of Orleans, property 
thereof, course of study, and textbooks to be used therein shall be vested in 
school board of said parish, to consist of five members divided into groups 
of three and two; one group elected every two years to serve four years; 
election of members shall be nonpartisan ; members shall be elected at large ; 
board shall be a body corporate ; vacancies for unexpired term of one year or 
less shall be filled by governor, others by special election ; secretary shall not 
be member of board. Board shall elect superintendent, term four years, and 
assistant superintendents, also other officers, clerks, and assistants; secretary 
of board shall make annual report to State superintendent. Other poivers, 
duties, and rights of hoard: To fix salaries of officers, teachers, and other em- 
ployes ; keep expenses within school income ; examine teachers ; elect teachers 
in order of merit; hold monthly meetings; declare position of any member 
vacant for cause ; may maintain evening schools ; may maintain one or more 
normal schools ; expend not less than $2,000 annually for schoolbooks for cer- 
tain chaildren; make enumeration of educable children. Teachers now em- 
ployed shall be permanent employees, unless dismissed for good cause; new 
teachers shall be elected annually for three years, after which they shall 
become permanent employees; certificates shall be valid for five years, but 
teachers in service shall not be required to take future examinations. Super- 
intendent of said parish aid in organizing schools therein, in improving 
instruction, in examining teachers, in examination of pupils, and in other ways 
for welfare of schools ; shall make monthly report to parish board, and annual 
printed report to governor. State board, State supeintendent, and to common 
council of city of New Orleans. Treasurer of city of New Orleans shall ex 
officio be treasurer of parish board ; shall give bond In sum of $50,000 ; shall 
receive as school treasurer $1,500 per year. Common council of city of New 
Orleans shall annually make up budget of school expenses. 

See also A (cl), County boards; D (a). Buildings and sites, general; F (c). 
Teachers' pensions; H (g), Child labor; Q (f), Other technical and profes- 
sional schools. 

Maine: School committee. — Every town shall at its annual meeting elect by 
ballot a superintending school committee of three members; no person is in- 
eligible on account of sex ; term three years, one member retiring each year ; 
by election by board vacancies may be filled until next annual meeting; no 
member shall be a public-school teacher in said town ; the provisions of this 
section relating to election of school committees shall not apply to special- 
chartered cities nor to towns, cities, and incorporated districts authorized by 
law to choose boards otherwise ; town failing to elect committee shall forfeit 
not less than $30 nor more than $200; committee shall serve without pay 
unless otherwise voted by town ; town shall fix salary of superintendent, which 
shall not be less than $2 per day. 

School committee. — Management of schools shall devolve upon school com- 
mittee, which shall annually elect a superintendent who shall not be a mem- 
ber of committee ; superintendent may be dismissed for cause ; provision as to 
employment of superintendent shall not apply to cities nor to towns author- 
ized by law to choose superintendents otherwise. Duties of committee: To 
direct general course of instruction and select a uniform system of textbooks, 
no selection to be made for less than five years except by vote of the town ; 
make provision for instruction in physiology and hygiene; dismiss teachers 
for cause ; expel disorderly pupil, if found necessary for " peace and useful- 
ness " of school; exclude, if deemed expedient, persons not vaccinated; 



134 STATE LAWS EELATING TO PTJBLIC ETfTTCATIOl^. 

prescribe tuition fees of persons in territory ceded to the United States; 
determine which school each pupil shall attend. 

Siiperintendcnt. — Superintendent's duties : He shall be secretary of school 
committee ; issue vouchers showing correctness of bills ; employ teachers, sub- 
ject to approval of school committee ; report annually to committee names and 
ages of persons between 5 and 21 years old ; report annually to State super- 
intendent; have general supervision of the public schools. Any town failing 
to make report to State superintendent may forfeit portion of State funds. 

See also A (b2), State officers; A (f), Administrative units — districts, etc.; 
D (c). Care, sanitation, etc., of schoolhouses ; H (f), Compulsory attendance; 
H (g), Child labor; I (e). School fraternities; J (a). Health, general; J (b), 
Medical inspection; N (a), High schools; O (a), Industrial education, gen- 
eral. 

Maryland: Board of district school trustees shall be composed of three per- 
sons ; shall be appointed by county school commissioners ; shall organize ; 
when they appoint a principal teacher, he shall be ex officio secretary to the 
board of district trustees. Board of district school trustees shall have care 
of all houses and lands intended for school purposes, also furniture, appa- 
ratus, and other school property; they shall attend to all repairs; employ 
a principal teacher, subje<!t to approval of county board; exercise a general 
supervision over their respective schools; shall provide suitable and con- 
venient water-closets, not less than two for each school when both sexes are 
in attendance, with separate means of access for each ; shall keep these " out- 
houses in clean, comfortable, and healthful condition." No schoolhouse 
shall be used for any other purpose than public-school purposes and school 
district meetings unless by consent of county board ; when 25 citizens of the 
district petition, it may be used for nonpartisan, civic, social, or recreational 
activities ; when citizens of community are organized into " a nonpartisan, 
nonsectarian, nonexclusive association," they may have use of school build- 
ings; persons making such application shall be responsible; shall p'ace 
schoolhouse in as clean a condition as they found it. New districts may be 
formed provided they do not contain less than 35 voters; if members of 
board neglect or refuse to act, their places shall be declared vacant. 

See also A (cl). County boards; A (f). Compulsory attendance; H (b). 
School census; H (g). Child labor; P (a). Higher institutions, general. 

Massachusetts: School committee. — The town shall at its annual meeting or 
at a meeting held in the same month in which annual meeting occurs choose 
members of the school committee; said committee shall consist of any num- 
ber of persons divisible by 3 which the town has decided to elect, one-third 
thereof to be elected annually ; term, three years.* If a town fails or neglects 
to choose such committee, an election at a subsequent meeting shall be valid. 
Women shall be eligible as overseers of the poor and members of school 
committee ; election of school committee shall be by ballot ; members of said 
committee shall be sworn; in case of vacancy in school committee remaining 
members, together with selectmen of the town, shall fill such vacancy by 
ballot, and the person so elected or appointed shall serve until the next annual 
meeting or until another is chosen and qualified. 

Duties and poivers of the school committee: To appoint a secretary, who 
shall keep a record of the proceedings of said committee; have charge of 
all pubhc schools; make regulations governing evening schools; select and 
contract with teachers; examine teachers or accept in lieu of such examina- 
tion diplomas of graduates of the State normal schools. A certificate of 
qualification shall be filed by every public-school teacher with the proper 



A (d). DISTRICT BOAEDS AlTD OFFICERS. 135 

official of a city or town before siicli teacher shall receive any wages from 
such city or town. In every public school having an average of 50 pupils 
one or more female assistants shall be employed, unless the town votes 
otherwise. The school committee may dismiss any teacher, and he shall 
receive no compensation for services rendered after such dismissal. Said 
committee may elect a teacher who has served in the public schools of its 
city or town for not less than a year to serve as such at the pleasure of the 
committee. If there is no superintendent of schools, the school committee 
or one or more of its members shall visit all the public schools in its town 
once during the opening week and once during the closing two weeks of such 
schools, and also once a month. The school committee shall prescribe books 
and courses of study and exercises for the public schools. Such exercises 
may include calisthenics, gymnastics, and military drill; but no instructors 
shall be employed therefor except by a two-thirds vote of the committee. No 
pupil shall be required to take part in any military exercise when the same 
shall be opposed by the parents or guardian of such pupil or if injurious to 
the health of such pupil. The school committee shall, at the expense of 
the town, purchase textbooks and other school supplies and loan the same 
free of charge to public-school pupils. Upon vote of said committee pupils 
may purchase textbooks at cost and may, upon graduating from the grammar 
school and upon application to the school committee, be permitted to acquire 
the permanent ownership of such textbooks. A change of textbooks may be 
made by a two-thirds vote of the whole school committee, due notice of such 
Intended change having been given. In union districts and towns which vote 
to authorize the school committee to receive compensation members of such 
committees shall receive $2.50 per day for time actually spent in performance 
of duties and such additional compensation as town may allow. No 
member of a school committee shall be eligible to any supervisory or teach- 
ing position over which he as committeeman has control. 

Superintendent. — The school committee of a city or town which is not 
within a union for the employment of a superintendent shall, at the expense 
of the city or town, employ a superintendent of schools ; compensation of 
said superintendent shall not be less than $1.50 for each day of actual 
service. Two or more towns may, by a vote of each, form a district for 
purpose of employing a superintendent; such superintendent shall be annu- 
ally appointed by a joint committee composed of the chairman and secre- 
tary of the school committee of each of towns in said district, who shall 
determine the relative amount of service to be performed by him in each 
town, fix his salary, apportion the amount thereof to be paid by the sev- 
eral towns, and certify same to each town treasurer. The school committees 
of two or more towns, the valuation of each of which is less than $2,500,000, 
and the aggregate number of schools in all of which is not more than 50 
nor less than 25, and the school committees of four or more towns the 
valuation of each of which does not exceed $2,500,000, without reference to 
the minimum limit in the aggregate number of schools aforesaid, shall form 
a union for purpose of employing a superintendent of schools; the school 
committees of such towns shall be a joint committee, ,but any committee 
consisting of more than three members shall be represWted on the joint 
committee by its chairman and two members, chosen by said committee; 
said union shall not be dissolved except by vote of majority of towns con- 
stituting the same and the consent of the State board, nor shall it be dis- 
solved for the reason that the valuation of any one of the towns has in- 
creased so as to exceed $2,500,000, nor for the reason that the number of 
schools shall have increased beyond 50 or, in a union of less than four 



136 STATE LAWS EELATING TO PUBLIC EDUCATION. 

towns, shall have decreased below 25. The superintendent of a union shall 
be employed for a term of three years, and his salary shall not be reduced 
during his term ; said superintendent must possess a certificate from the 
State board; said superintendent may be removed from oflace by a two- 
thirds vote of the full membership of the joint committee. When the chair- 
man and secretary of such joint committee certify to the auditor of accounts 
under oath that a union has been efifected, that the towns, in addition to 
an amount equal to the average of the total amount paid or to the amount 
paid for each child by the several towns for schools during the three years 
then last preceding, unitedly have appropriated and raised by taxation not 
less than $750 for the support of a superintendent of schools, and that a 
superintendent has been employed for one year, a warrant shall, upon ap- 
proval of the certificate by the State board, be drawn upon the treasurer 
and receiver general for the payment of $1,250, three-fifths of which shall 
be paid for salary of superintendent and two-fifths of which shall be ap- 
portioned and distributed to the towns forming such union on the basis 
of the amount appropriated and expended for a superintendent in such 
towns for the preceding year, and shall be paid for salaries of teachers 
employed in the public schools therein ; there shall be annually appropriated 
by the State an amojint suflQcient to carry out these provisions. Towns 
whose valuation exceeds $2,500,000 may participate in a union in the same 
manner as towns of less valuation, except that State aid to such union 
shall be paid only to the towns of such less valuation and then in propor- 
tion to the amounts such towns paid for support of a superintendent dur- 
ing the preceding year; if the valuation of a town in a union shall increase 
so as to exceed $3,500,000, such increase shall have the same effect as if 
valuation of said town had exceeded $2,500,000 at time of formation of 
such union. The State board may form or readjust unions to include a 
town which is otherwise unable to comply with law; said board may allow 
the formation of union with less than 25 schools. The State board, in 
case of any union in which any part of superintendent's salary is paid by 
the State, shall determine the qualifications, by examination or otherwise, 
of candidates for position of superintendent of schools. Powers and duties 
of superintendent of schools: To supervise public schools under direction 
of school committee; be executive officer of school committee; keep records 
and make reports; recommend teachers to school committee; recommend 
textbooks and courses of study to school committee. 

Reports. — The commissioner of education- shall send out school census forms, 
the school registers, forms for committee returns, the annual report of State 
board of education, and his own annual report as soon as they are ready for 
distribution, to the chairman of the School committee of every city and town, 
who shall deliver them to the several proper officials, and shall send to com- 
missioner list of private schools in the city or town and the names of their 
principals; the State board may annually expend for printing registers and 
forms such sums as shall be appropriated by the legislature, payable out of 
the State treasury. The school committee of each city and town shall annu- 
ally take a census of children between 5 and 7 years old, between 7 and 14 
years old, between 14 and 16 years old, and of all minors over 16 years old 
who can not read and write simple English sentences; whoever, in control 
of such minor, withholds information from committee or makes a false state- 
ment relative thereto shall be fined not less than $50. The chairman of each 
school committee shall annually transmit to the commissioner of education 
a certificate containing the census, number of persons in average attendance 
the year preceding, receipts and expenditures, evidence of maintenance of 



A (d). DISTRICT BOARDS AITD OTTICERS. 137 

schools for proper length of time, and evidence of maintenance of high 
schools. School committees shall cause school registers to be kept in all 
public schools; said committees shall annually publish a report of their 
public schools. A town whose report does not reach the commissioner by- 
August 15 shall forfeit 10 per cent of income of school fund; if not by 
September 1, the town's share of said income shall be added to the principal 
of the school fund; a town or city whose report does not reach the commis- 
sioner by September 1 shall forfeit to school fund $200. A town which has 
forfeited any part of income of school fund through failure of its school 
committee relative to reports may withhold the compensation of said com- 
mittee. The several teachers shall faithfully keep registers and return same 
to the school committee; no teacher shall receive salary for the last two 
weeks of school until the register, properly kept, is so returned. 

The school committee of the city of Boston may appoint one or more per- 
sons to represent the city at congresses, conventions, and at other meetings 
held to consider questions of concern to public schools; said committee may 
annually appropriate an amount not exceeding $1,000 for such purpose. 

See also A (bl), State boards; B (c), 'Permanent State school funds; 
C (c), Local taxation; D (a), Buildings and sites, general; D (e), United 
States flag in schools; F (a), Teachers' contracts, duties, etc.; F (c), Teach- 
ers' pensions; H (f), Compulsory attendance; H (g), Child labor; J (a), 
Health, general; L (a), Course of Study; L (1), Other special subjects; 
M (c), Evening schools; M (d), Vacation schools, playgrounds, etc.; N (a), 
High schools; O (a), Industrial education, general; O (c), Trade schools; 
0(d), Continuation schools; U (e), Schools for dependents and delinquents. 

Michigan: District 'board. — At the first meeting in each district there shall be 
elected a moderator for three years ; a director for two years ; and a treasurer 
for one year ; thereafter each such, oflacer or his successor shall be elected for 
a term of three years. Said officers shall constitute the district board. Any 
qualifitxi voter who owns property assessed in the district shall be eligible to 
hold any of said offices; no member of a district board shall be agent for 
school books or apparatus; no member of said board shall be personally 
interested, directly or indirectly, in any contract with the district; within 
10 days after election each officer shall file with the director his acceptance 
and a certificate that he is qualified to hold such office. Meetings of the 
board may be held after 24 hours' notice by either member. When directed 
by qualified voters, board shall provide sites and buildings and dispose of 
property. District board may vote necessary taxes for the regular running 
expenses of the school, which shall include furnishings, care of property, 
teachers' wages, water supply, premium of treasurer's bond, transportation 
of pupils, record books and blanks, and all necessary apparatus and ma- 
terials; taxes for services of district officers in districts having fewer than 
50 children shall not exceed $25 in amount ; between 50 and 100 children, $50 ; 
amount to be determined by qualified voters. Board shall annually report 
to township clerk amount of taxes voted by electors and levied by board. 
Beard shall apply all school moneys according to law ; no part of the primary- 
school fund (State fund) shall be used for any purpose except for teachers' 
wages and the tuition and transportation of pupils; no school money shall 
be used for sectarian purposes. Board shall make a financial report to each 
annual meeting. Board shall hire and contract with teachers holding legal 
certificates, which contract shall require keeping of records of attendance, 
etc. Board shall provide a water supply for pupils and shall have care of 
school property, except when district votes custody of the same to director; 



138 STATE LAWS RELATING TO PUBLIC EDUCATION. 

shall provide books for indigent children ; shall open schoolhouses for public 
meetings unless otherwise directed by vote of the district. In addition to 
other subjects required, physioogy and hygiene, with special reference to the 
effects of narcotics and alcoholic drinks, shall be taught in the public schools ; 
textbooks on such subject must first have the approval of the State board 
of education. Textbooks adopted by any school board shall not be changed 
within five years except by consent of a majority of the qualified voters; 
district board may furnish textbooks to indigent pupils. Board may expel 
disobedient pupils; misdemeanor to disturb a school. All persons resident 
in any school district and over 5 years old shall have an equal right to at- 
tend school therein ; no separate school or department shall be kept for any 
persons on account of race or color. School board may admit nonresident 
pupils on payment of tuition not to exceed 15 per cent more than average cost 
per pupil ; children cared for by county shall be admitted to the nearest 
school on same terms as other nonresident pupils. Duties of moderator: 
To preside at meetings of district and of board; countersign all orders and 
warrants drawn by the director; cause action to be brought on treasurer's 
bond in case of breach; perform other duties required by law. Duties of 
director: To act as clerk of district and board ; give required notice of meet- 
ings; draw warrants on township treasurer for moneys due the district and 
orders for the disbursement of district funds ; draw and sign contracts with 
teachers when directed by board; provide the necessary appendages for the 
schoolhouse and keep the same in good condition; keep account of expenses 
incurred by him, which account shall be audited by the moderator and 
treasurer ; present at each annual meeting an estimate of necessary expenses 
to be incurred by himself; preserve and file copies of all reports; perform 
any other duties required by law. It shall be the duty of school boards and 
boards of education to cause to be made annually in their respective dis- 
tricts or cities a census of all persons between 5 and 20 years old,, except 
children in reformatories and prisons, children in charitable institutions who 
do not regularly attend school, Indians who do not attend school, and 
orphans in charitable institutions whose parents at the time of death did 
not reside in the city or district. Persons giving enumerators false infor- 
mation or enumerator making a careless or false enumeration shall be guilty 
of a misdemeanor. The director shall annually make and deliver to the town- 
ship clerk to be delivered to the board of school inspectors a statistical re- 
port. Duties of treasurer: To give official bond in amount equal to money to 
come into his hands, but if voters at annual meeting shall designate a bank 
as depository, treasurer shall not be liable for funds deposited in said bank ; 
pay lawful orders of the director; keep account of sources from which 
moneys are received and persons to whom paid; report at the close of the 
year to district boards ; appear in all suits for or against the district, except 
when he is interested adversely to the district; settle with board at the 
close of his term ; perform other duties required by law. 

Boards in cities. — The board of education of every city of 250,000 or more 
which comprises a single school district shall consist of seven school inspec- 
tors elected at large by the qualified electors; term, six years, two or three 
as the case requires being elected every two years; names of nominees shall 
be placed on ballots separate from those for other officers and no party 
designation shall be used. The nomination and election of inspectors shall 
be conducted as nearly as possible as now provided by law for the nomi- 
nation and election of city officers in said cities. This act shall not take 
effect until approved by a majority of the qualified electors voting thereon. 



A (d). DISTRICT BOARDS AWD OFFICEltS. 139 

Township clerk. — ^The township clerk shall receive reports of school direc- 
tors and shall annually make a statistical report to the State superintendent 
through county commissioners of schools; where township is organized as 
a township district or a fractional township district the board of education 
thereof shall, in August, make such report; county commissioner of schools 
shall annually transmit to township clerks and secretaries of boards of educa- 
tion a complete list of legally qualified teachers of the county, and said clerks 
or secretaries shall compare the same with the list of the teachers em- 
ployed to ascertain if all employed are qualified ; district employing a teacher 
not qualified shall receive no part of the State fund. Township clerk shall 
make or cause to be made a map of his township, showing school-district 
boundaries. Township clerk shall annually make and deliver to the super- 
visor of the township a certified copy of all statements on file in his office of 
moneys proposed to be raised in each district or township district for 
school purposes. On receiving notice from the county treasurer of the 
amount of money apportioned to his township, clerk shall apportion the same 
to districts in accordance with the statement from the State superintendent; 
he shall also apportion to districts moneys raised by towQship tax. 

Meeting of school officers. — Each county commissioner of schools shall at 
least once a year call a meeting of the school officers of his county; each 
director or secretary of each school board or board of education shall attend 
and other members of boards may attend. Each director, secretary, or one 
representative of the district shall receive $2 per day and actual traveling 
expenses while attending. Meeting is in charge of superintendent of public 
instrucrion or his representative. 

See also A (b2), State officers; A (c2), County officers; A (f), Adminis- 
trative units — districts, etc.; C (b), Local bonds and indebtedness; G (c). 
County and local normal schools; H (f), Compulsory attendance; K (c), 
Uniformity of textbooks; M (b), Kindergartens; N (a), High schools; S (b), 
Public-school libraries; T (b). Schools for the deaf. 

Minnesota: Board of trustees. — The control of common and independent dis- 
tricts shall be vested in a board of trustees ; term of office, three years. The 
school board of each common-school district shall consists of a chairman, a 
treasurer, and a clerk; compensation of trustees in districts containing 10 
or more townships shall be fixed by the legal voters of such districts. School 
board of each independent district shall be composed of six directors, two 
elected each year; term, three years; vacancies shall be filled by remaining 
members until next annual meeting. A majority of board shall constitute a 
quorum, but no contract shall be made except at a meeting of the board, of 
which all members have had legal notice. The school board shall, when 
authorized by voters, acquire sites, construct and equip buildings, have the 
right of eminent domain (sites in cities, where practicable, shall contain 
one block; sites outside of cities, 2 acres) ; purchase, sell, and exchange 
school supplies >> provide proper outhouses ; improve school grounds, procure 
insurance on school property, and make repairs; when necessary, lease 
rooms for school purposes; employ and contract with teachers; provide for 
care of schoolhouses ; provide for payment of just school claims; adopt and 
provide free textbooks, when directed by a vote of the district; defray ex- 
penses of board, including $3 per day and mileage; prosecute and defend 
actions by or against district. School board may also provide for admission 
of nonresident pupils and those above school age and fix tuition of such 
pupils ; alter, establish, or discontinue such grades of schools as they may 
deem expedient; upon a petition of a majority of legal voters, authorize the 



140 9TATE LAWS RELATING' TO PUBLIC EDTTCATIOK. 

use of schoolbouses for other purposes; provide transportation of pupils 
living more than one-half mile from schoolhouse; rules for protection of 
school property; acquire sites for agricultural schools. Members of boards 
in independent or consolidated districts shall be peace officers. No contract 
for labor or other expenditure shall be made by board for amounts over $500 
without advertising for bids. Boards may arrange for transfer of pupils to 
other districts. Boards of every common-school district shall submit to 
annual meeting an estimate of expenses for coming year for five months of 
school, or increased term, and tax shall be levied for the same. Special 
duties of independent district boards shall be to make rules for government 
of such boards and to provide tax levy for school purposes. Such boards may 
also establish and maintain evening schools for persons over 10 years old 
unable to attend day schools and receive State aid for same; establish 
kindergartens for children above 4 and under 6 years old; receive bequests 
for school purposes; remove for proper cause any member of board. The 
superintendent of schools in independent and special districts shall super- 
vise schools of such districts and make reports to State superintendent. 
Board shall fix compensation of school officials. Chairman of common-school 
district board shall not receive more than $8 per year ; clerk shall keep full 
record of school affairs ; compensation of clerk shall be 2 per cent of funds 
disbursed by him, not to exceed $6 per year, unless otherwise voted by 
electors of district, but not to exceed $50 per year. Treasurer in common 
district shall issue Interest-bearing orders for accounts, rate 6 per cent, for 
which school funds stall be found insufficient. Treasurer shall give bond 
in sum equal to twice the amount of money likely to pass through his hands 
in any one year. Treasurer in common-school district shall receive as compen- 
sation not more than $25 per year. In special districts board may appoint 
clerk, not a board member, and fix his compensation. State attorney general 
shall give opinions on school laws when requested by State superintendent. 
School boards may select depositories for school funds, but in such cases 
treasurer of board shall not be liable in case of bankruptcy of such deposi- 
tories. All interest on school funds deposited shall become property of dis- 
trict. The county board of education for unorganized territory in each 
county shall provide educational facilities for children in such territory; 
such board shall be composed of chairman of board of county commissioners, 
county superintendent of schools, and county treasurer, ex officio; board 
may authorize clerk to county superintendent at $60 per month; chairman 
of board may receive for actual services no more than $400 per year ; treas- 
urer shall receive li per cent and clerk 1 per cent of cash disbursements; 
this section as to salaries shall not apply to counties having a population of 
more than 100,000; board shall meet at least once each month. Districts 
containing more than 10 tovniships shall publish proceedings of school 
boards. The State public examiner shall, at least once a year, examine 
accounts of districts containing 10 or more townships, districts paying cost 
of such examination. Each member of board in common-school districts 
having 10 or more townships stall receive as annual compensation $200 
where such district contains 30 public schools, $400 where districts contain 
81 but less than 61 public schools, $600 where district contains 61 but less 
than 91 public schools, $800 for districts containing over 91 schools. In 
districts maintaining less than 30 public schools and supporting a high 
school compensation of board members stall be fixed at annual meeting. 
In addition to salaries board members shall be paid actual and necessary 
traveling expenses, but maximum shall be $150 for 30 schools or less, $300 



A (d). DISTRICT BOARDS AND OFFICERS. 141 

for 30 to 60 schools, $450 for 60 to 90 schools, $500 for more than 90 schools. 
A tax shall be levied, as other taxes are levied, for salaries and expenses of 
board members. 

Board of trustees. — ^Any board member who shall make any discrimination 
whatever in the case of any person entitled to admission to public schools on 
account of race, color, nationality, or social position shall forfeit to aggrevied 
person $50 for each offense. Any treasurer who shall use money applicab-e 
for teachers' wages for other purposes shall be personally liable to such 
teachers; any district making anj' discrimination in the classification of its 
pupils on the basis of race, color, social position, or nationality shall forfeit its 
share of apportioned school funds during the period of such discrimination. 
Any person accepting a position as board member and neglecting or refusing 
to serve shall forfeit for each offense $10; any school clerk failing to make 
any required report shall forfeit not less than $5 nor more than $50; any 
clerk who shall illegally draw an order, any officer who shall attest the same, 
and any treasurer who shall knowingly pay the same shall each forfeit to 
the district twice the amount of such order; clerk failing to keep accounts 
properly shall forfeit $10 for each offense ; any county auditor failing to make 
apportionment report to State superintendent shall forfeit $50 to county school 
fund; any county superintendent who fails to make reports to auditor and 
State superintendent shall forfeit for each offense $50. No person under 18 
years old, and no minor in any school, college, or university, shall use to- 
bacco in any form in any public place ; no person shall furnish tobacco to a 
minor, nor shall any persons aHow such minors to smoke in their places of 
business. Any person who shall willfully injure school property shall be 
guilty of a misdemeanor, and in addition to penalty of imprisonment may be 
required to pay treble damages for injury done. Any person who sha.l in- 
troduce upon, or have in his possession upon, or in any school ground or 
school building any alcoholic liquor, except for laboratory purposes, shall be 
guilty of a disdemeanor. The use of public drinking cups shall be un'.awful. 

Miscellaneous. — The public examiner shall, at the request of the county 
commissioners and at least once in each year, examine the books and accounts 
of school officials, and report the same to the county auditor ; county attorney 
shall examine such reports and take action against any officials violating the 
law; the examiners may employ assistant examiners at $5 per day and ex- 
penses ; all school officials shall deliver to examiner books and accounts upon 
request. In any city of 20,000 or more inhabitants, it shall be unlawful to 
use any basement for grade school purposes, but such basement may be used 
for domestic science, manual training, or physical culture. 

See also A (b2). State officers; A (c2), County officers; A (e). School meet- 
ings, elections, etc.; B (e). State aid for elementary education; H (f). Com- 
pulsory attendance; K (c), Uniformity of textbooks. 

Mississippi: There shall be three trustees for each school district chosen for 
three years, one being selected each year; they shall be elected by school 
patrons except in separate school districts on first Saturday in May; county 
superintendent shall fill vacancies by appointment; trustees shall organize 
and elect teacher on or before July 15; if trustees fail to elect or teacher 
fails to qualify, county superintendent shall appoint ; trustees shall scrutinize 
list of educable children who attend school to see that no outsiders are in the 
list; enumeration reported to be a guide in fixing teacher's salary; trustees 
may suspend or expel pupils ; visit schools ; arbitrate disputes ; protect school 
property. 



142 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Powers and duties of separate school district trustees: To prescribe and 
enforce rules; manage and control school property; enforce course of study 
and use of textbooks ; appoint librarians and govern school libraries ; exclude 
from libraries publications sectarian, partisan, denominational, or immoral in 
character ; suspend or expel pupils ; visit schools and equalize terms ; furnish 
furniture; elect superintendents and principals and prescribe powers and 
duties; elect teachers, fix salaries, etc.; require records to be kept and make 
reports ; determine amounts required for support of public school and submit to 
proper authorities careful estimate of whole amount to be received from State 
and county and amount required from municipality for above purpose. Schools 
of such district shall be under five trustees to be elected in April by mayor and 
aldermen or in manner prescribed by board of mayor and aldermen ; term of 
oflice three years, two being chosen each year for two years and one in third 
year ; in unincorporated districts term of office shall be three years ; all trustees 
have power to exclude children of filthy or vicious habits or those suffering 
from contagious or infectious diseases ; trustees shall not vote for persons as 
teachers who are related by blood or marriage or who are dependent on them. 

See also A (c2), County officers ; A (f ), Administrative units — districts, etc. ; 
F (a). Teachers' contracts, duties, etc.; H (c), School year, month, day, etc.; 
H (e). Consolidation of districts, etc.; K (a), Textbooks and supplies, gen- 
eral; K (c), Uniformity of textbooks. 

Missouri: The board of directors shall have the care of school property and 
shall provide necessary apparatus and supplies ; shall have janitorial work 
done at the expense of the district ; shall not allow the schoolhouse used for 
religious, literary, or other purposes, or for the meeting of any farmer or 
labor organization, secret or otherwise, except when demanded by a majority 
of voters of the district. The board may make needful rules for the govern- 
ment of schools; may suspend a pupil for cause and admit nonresident 
pupils and fix tuition fees, but orphans, children bound as apprentices, chil- 
dren having only one living parent, and children whose parents do not con- 
tribute to their support may attend in any district in which they may have a 
permanent or temporary home. Any nonresident paying a school tax in a 
district may send his children to school in said district and shall receive on 
amount charged for tuition credit equal to tax paid. It shall be unlawful for 
any child to attend a public school while afflicted with, or likely to com- 
municate, a contagious or infectious disease; teacher or board of directors 
may require any child to be examined by a physician. Board shall contract 
with teachers; certificates of teachers shall be filed with the clerk of the 
district; neither party to such contract shall suspend or dismiss the school 
without the consent of the other party; the board shall have no power to 
dismiss a teacher, but if teacher's certificate be revoked contract is annulled, 
or if teacher fails to comply with contract salary may be withheld. The board 
shall annually cause to be made an enumeration of all persons in the dis- 
trict between 6 and 20 years old; a census of blind and deaf children shall 
be taken separately; any district failing to make such enumeration shall 
forfeit its portion of the public funds for the ensuing year ; any city of over 
50,000 population may make such enumeration once in every four years; 
county clerks shall certify, respectively, to the superintendents of the school 
for the deaf and the school for the blind the names of deaf and blind 
persons enumerated. Board may provide gratuitous education for persons 
between 5 and 6 and over 20 years old, but none of the State public fund 
may be used for such purpose. The board of directors of each district shall 
annually forward to the county clerk an estimate of the amount of funds 



(d) 



DISTEICT BOARDS AND OFFICERS. 143 



necessary to sustain the schools for the time required by law, or when a longer 
term has been voted at the annual meeting, together with other amounts for 
buildings, bonds, etc. When a majority of the taxpaying voters of a district 
shall select a site for a schoolhouse, library, office, or playground, and shall 
authorize the purchase of the same, the board of education in any city, town, 
or consolidated district may acquire the same by condemnation proceedings. 
Separate schools shall be established for white and colored children, and no 
colored child shall attend a white common school or white child a colored 
school. When there are in any district 15 or more colored children the board 
of directors thereof shall maintain a school for said children, the length of 
term, advantages, and privileges of which shall be the same as for other 
schools; when the average attendance is less than 8 board may discon- 
tinue such school for 6 months; when 2 or more adjoining districts contain 
fewer than 25 colored children a joint colored school may be maintained; 
when fewer than 15 colored children reside in any district they may attend 
another colored school of the county, and the board of directors of their dis- 
trict shall pay for their tuition. The board of any district may, or when 
petitioned by 5 taxpaying voters shall, submit to qualified electors the ques- 
tion of increasing the tax rate for maintaining schools ; majority of taxpayers 
voting at election shall determine the rate within the limits prescribed by the 
constitution ; board may, or on petition of 10 taxpayers shall, submit to qual- 
ified electors the question of increasing the tax for buildings, sites, repairs, 
etc. ; two-thirds majority of taxpayers voting at election shall determine the 
rate within constitutional limits. Special school meetings for the transaction 
of business authorized by this chapter, and not restricted to the annual 
meeting or otherwise provided for, shall be called by the board on petition 
of a majority of the qualified voters of the district. School moneys shall 
be expended only for the purpose for which levied and collected. The income 
from State, county, and township funds shall be expended only for teachers' 
salaries. It is a misdemeanor for any person to enter any school to teach 
therein unless such person has executed the teacher's contract required by 
law, and is the lawful holder of a teacher's certificate; any director who 
shall encourage any person in such unlawful conduct shall be guilty of a 
misdemeanor. The title of all school property shall vest in the district. 

The county superintendent shall annually call together the presidents of 
school boards and the clerks of school districts of the county for the con- 
sideration of school questions; said officers shall attend such conventions 
and shall be entitled to receive from their districts $1.50 per day and expenses, 
but for not exceeding two days. 

See also A (b2). State officers; A (c2). County officers; A (f), Adminis- 
trative units — districts, etc.; C (a). Local finance and support, general; 
C (b). Local bonds and indebtedness; H (e). Consolidation of districts, etc.; 
H (f). Compulsory attendance; H (g), Child labor; K (b). Free textbooks; 
K (c), Uniformity of textbooks; M (c). Evening schools; S (b). Public- 
school libraries. 

Montana: Trustees. — Number of trustees in districts of first class, seven; sec- 
ond class, five; third class, three. Annual election of trustees on first Satur- 
day in April. In districts of second and third classes, nominations for trus- 
tee shall be filed with clerk five days before election, and trustees shall be 
chosen by ballot of qualified electors. In districts of first class nominations 
for trustee shall be made at public meeting held at least 10 days before elec- 
tion and attended by at least 20 electors, and such nomination shall be certi- 



144 STATE LAWS EELATING TO PUBLIC EDUCATION. 

fled to district clerk at least eight days before election; board of trustees 
shall call election to be held at least 30 days before time and clerk shall post 
notices at least 15 days beforehand. Term of office of trustee shall be three 
years, except as otherwise provided by law ; county superintendent shall fill va- 
cancies until next election ; trustee may be removed by court of competent juris- 
diction. When office of clerk becomes vacant, trustees shall fill vacancy and no- 
tify county superintendent. Trustees shall be so elected that terms of a majority 
shall not expire in any one year. Expenses of election shall be paid out of school 
funds of district. Trustee of district of first class having population of 20,000 
or more shall give bond for $10,000 and shall be entitled to $4 for each meet- 
ing attended, but not exceeding one meeting a week. Poivers of trustees: To 
"receive, hold, and convey property in the name of the district; establish a 
high school, employ principal and teachers therefor, etc.; close their school 
when for the best interests, and pay transportation and tuition fees of pupils 
to other districts ; maintain schools outside of regular school hours ; transfer 
school funds to pay tuition of pupils belonging In their district, but attending 
school in another ; call special election to determine question of issuing bonds. 
Duties of school hoards: To prescribe rules not inconsistent with law or those 
prescribed by State superintendent ; employ teachers and other employees and 
fix and order paid their wages; determine rate of tuition of nonresident 
pupils ; enforce rules of State superintendent ; provide schools with furniture 
and equipment ; acquire sites, build schoolhouses, etc., but in districts of third 
class such authority must be conferred by vote of district ; suspend or expel 
disorderly pupils and exclude children under 6 years old when interest of 
school requires it ; provide books, clothing, and medical aid for indigent chil- 
dren ; require pupils to be furnished with suitable books ; make annual report 
to county superintendent ; report to State superintendent when instructed by 
him ; determine what branches, in addition to those required by law, shall be 
taught, but county superintendent must approve in districts of third class; 
visit each school at least once in a term ; provide separate and sanitary 
privies or outhouses for different sexes ; cause American flag to be displayed. 
No member of a board shall have pecuniary interest in a contract made by 
board ; board shall advertise for bids on all contracts for $250 or more. 

Superintendent. — In districts of first and second classes, trustees may- 
appoint a superintendent of schools for term of not exceeding three years; 
salary fixed by trustees. After second successive employment, he shall be 
deemed reemployed from term to term of three years, unless school board 
gives notice to contrary before February 1 of last year of employment. 
Superintendents must hold State certificate of highest grade from some State 
or be a graduate of a reputable university, college, or normal school and 
shall have taught at least five years. 

Clerk. — Duties of district clerk: To attend meetings of board and keep 
records. Keep accounts of receipts and expenditures ; take annually a census 
of children between 6 and 21 years old and a separate census of children 
under 6 years old; make annual financial report. 

See also A (c2), County officers; A (f) Administrative units — districts, etc.; 
B (a). General State finance and support; C (b). Local bonds and indebted- 
ness; F (a), Teachers' contracts, duties, etc.; G (d), Teachers' institutes and 
summer schools; H (f). Compulsory attendance; I (e). School fraternities; 
K (c), Uniformity of textbooks; S (b). Public-school libraries; U. (e). 
Schools for dependents and delinquents. 

Nebraska: District officers. — Voters shall elect a moderator, a director, and a 
treasurer, in rotation; term, three years. When new district is organized 



A (d). DISTEICT BOAKDS AND OFFICERS. 145 

and officers elected at any otlier time tlian at an annual meeting, intervening 
time until next annual election sliall constitute first year in term of such 
officers. Within 10 days after their election, officers shall file written ac- 
ceptances with the director. Every district shall be deemed duly organized 
when any two of the officers elected at first meeting shall have filed accept- 
ances. In case a district shall fail to organize, county superintendent shall 
give notice and proceed to call organization meeting. In cases when county 
superintendent shall form districts and where no election for school officers 
shall be held , county superintendent shall appoint such officers, who shall file 
acceptances. Every district shall be considered duly organized when it shall 
have exercised franchises and privileges of district for one year. District 
officers appointed to fill vacancies shall hold office until beginning of next 
school year; officers elected at a special meeting shall serve for remainder 
of unexpired term. No person holding a district office shall be employed to 
teach in such district unless upon a petition signed by two-thirds of voters 
of district; contract of such officer shall be made by the other two. In case 
of disputed district accounts county superintendent shall adjudicate the 
same and shall apply to the courts if necessary. 

District l)oard. — Moderator, director, and treasurer shall constitute the 
district board, and two members shall constitute a quorum for transaction 
of business; two members may call a meeting, but all members shall have 
due notice of the same. Immediately after annual meeting, board shall 
certify tax levy to county clerk and county superintendent, who shall direct 
the collection of such tax levy. Board shall have general care of schools; 
cause pupils to be taught in such branches and classified in such grades as 
have been adopted by board with consent of county superintendent ; cause a 
record of pupils' progress to be kept; attend meetings called by county 
superintendent. Board may admit nonresident pupils, fix rate of tuition, 
and collect same in advance, but this does not apply to nonresident pupils 
specifically permitted to attend without charge; may suspend or expel any 
pupil for just cause, but suspension shall not extend beyond the close of the 
term. Board shall purchase or lease site for schoolhouse and shall build, hire, 
or purchase the schoolhouse out of funds provided for such purpose, and 
make sale of school property when lawfully directed to do so. District shall 
not build a stone or brick schoolhouse upon any site without having first 
obtained a title in fee to the same; and shall not build a frame schoolhouse 
on any site for which they have not a title in fee without the privilege of 
moving the same when lawfully directed by the voters of the district. Board 
shall apply all moneys in accordance with laws regulating the same, as 
directed by district, but no money apportioned to a district shall be used 
for any other purpose than that of teachers' salaries; and no part thereof 
shall be paid to any teacher who shall not have received a teacher's certifi- 
cate prior to commencement of his or her school. Board shall have care and 
custody of school property, except so far as the same shall be confided to 
custody of director ; shall fill any vacancy occurring in their number, but in 
case of failure to so fill a vacancy, voters at a special meeting shall do so. 
When by division of a district only one board member is left in the old 
district, county superintendent shall fill vacant offices, appointees to hold 
until their successors are elected. No school officer shall be a party to any 
school contract except in his official capacity as board member. Board shall 
maintain in sanitary manner at least two separate water-closets or privies 
for each school. The school board or school trustees of every district may 
set aside from general funds the sum of 10 cents for each census child, the 
3966°— 15 10 



146 STATE LAWS RELATING TO PUBLIC EDUCATION. 

same to be known as district library fund, and such fund shall be invested 
by board or trustees in suitable library books. Board or trustees shall pro- 
vide for the care of school libraries and prescribe rules therefor; but such 
provisions for library shall be inoperative if board or trustees shall appro- 
priate $300 annually toward support of free public library. 

The moderator's powers and duties shall be to preside at all meetings; 
countersign all orders and warrants; administer oath to director and treas- 
urer of district. In case moderator is absent from meeting electors may 
choose a temporary moderator. If any person conducts himself in a dis- 
orderly manner at a district meeting he shall be ejected from such meeting ; a 
person so conducting himself and who refuses to leave meeting upon being 
so requested shall, on conviction, be fined $20. District treasurer shall give 
bond in sum of $500; said treasurer shall receive all money due his district 
from the county treasurer and pay the same out on the order of the director 
countersigned by the moderator; treasurer shall keep accurate account of 
funds received and disbursed and all vouchers therefor ; treasurer shall appear 
for or against the district when any action shall be brought by or against the 
district, except when he is interested adversely, whereupon director shall 
appear for district. The director shall be clerk of board ; he shall keep a 
record of business of district ; he shall, with consent and advice of moderator 
and treasurer, or one of them, or under their direction if he shall not concur, 
execute written contracts with teachers and specify wages of such teachers; 
director shall make reports to county superintendent. Teachers' contracts 
made before the annual meeting in order to be legal must be signed by two 
board members whose terms of office do not expire with the school year in 
which such contract is made ; no contract with a teacher shall be valid unless 
agreed to by all members of board or by two members who are not related 
within the fourth degree to such teacher. Within 10 days previous to annual 
meeting director of each district shall take a census of school children of his 
district; in cities of the first and second classes 30 days shall be allowed for 
taking census. Director shall, with concurrence of moderator and treasurer, 
or either, provide necessary appendages for schoolhouse and other incidental 
expenses, and such accounts shall be audited by moderator and treasurer, 
and upon their order same shall be paid ; shall present at each annual meet- 
ing an estimate of amounts to be expended during ensuing year for school 
expenses and officers' salaries, and submit a report of the previous year's 
school business, not no tax shall be voted at any special meeting; director 
shall give notice of all school meetings ; shall draw and sign all school orders. 
Director shall annually report to county superintendent number of children 
between 5 and 21 years old, and shall file a report within 10 days after 
annual meeting with county superintendent showing all required facts con- 
cerning the school or schools of the district. Director shall furnish to the 
annual meeting a statement of the aggregate assessed valuation of all property 
in the district and the amount of taxes to be collected on such property. 

See also A (b2), State officers; A (e), School meetings, elections, etc.; 
A (f). Administrative units — districts, etc.; C (b), Local bonds and indebted- 
ness; H (f), Compulsory attendance; K (b). Free textbooks; N (a), High 
schools. 

Nevada: Each board of trustees is hereby created a body corporate. School 
districts having 1,500 or more census children shall have five trustees; other 
districts, three ; for districts having 1,500 or more census children, two trus- 
tees for four years and one for two years shall be elected every two years ; in 
other districts, one for four years and one for two years; election inspectors 



A (d). DISTRICT BOARDS AND OFFICERS. 147 

shall receive no compensation except tliat of $4 per day in districts of first 
class; only a resident of a district and one whose name appears upon registry 
list shall vote, but any citizen of United States residing in State six months 
and school district 30 days may be registered for such election ; trustees may 
have voting list prepared at cost of 5 cents per name ; candidates for trustee 
shall file names with county clerk; special elections may be held to supply 
vacancies on board of trustees, otherwise deputy superintendent shall supply 
vacancies. Board of trustees shall elect one member president and one secre- 
tary ; secretary in districts of 300 to 1,000 school population may receive sal- 
ary not to exceed $10 per month, and in districts over 1,000 such children, $50 
per month; secretary shall keep record of all school business. A majority 
vote of boards of trustees shall be necessary to transact business; boards shall 
meet at least once each month. Poivers and duties of hoards of trustees: To 
buy or sell school property upon vote of electors of district, but in districts of 
less than 10 electors deputy superintendent shall first approve; build, equip, 
and repair schoolhouses upon vote of electors, but repairs in first-class dis- 
tricts may be made without such vote, and in other districts without such vote 
when amount is below $500; submit all building plans to deputy superin- 
tendent, whose approval shall be obtained for the same; change location of 
schools, but in districts of less than 10 electors deputy superintendent shall 
first approve ; call meetings of electors to vote on school matters ; manage and 
control school property, turning all school funds into county treasury to 
credit of their districts ; cause to be erected two separate suitable privies for 
each school ; prescribe and enforce rules ; insure school property ; employ and 
determine salaries of teachers, but there shall be no discrimination against 
female teachers; give orders on county auditors for teachers' salaries; pro- 
vide at least six months of free school ; extend term to eight months where 
feasible; administer all oaths pertaining to teachers, census marshals, and 
school trustees for any district, but city superintendents may administer oath 
to teachers in first-class districts; classify schools and to divide them into 
suitable departments; suspend or expel pupils with advice of teachers and 
deputy superintendent; enforce prescribed courses of study and textbooks; 
make, with approval of State superintendent, arrangements for the transfer 
of pupils ; visit every school in their district at least once in each term — ^this 
clause applying to every member ; make annual report to deputy superintendent ; 
enforce needful sanitary regulations. No trustee shall be pecuniarily inter- 
ested in any contract made by board of trustees. County boards in control of 
high schools shall have same powers as are given to district school trustees. 

See also A (b2). State officers; A (f), Administrative units — districts, etc.; 
G (c). County and local normal schools; H (b), School census; H (f), Com- 
pulsory attendance; K (b). Free textbooks; N (a). High schools. 

New Hampshire: District hoard. — Board of every district shall provide schools 
that will give pupils as nearly equal advantages as may be practicable ; a por- 
tion of school money, not exceeding 25 per cent, may be used for conveying 
pupils to and from school. Board shall employ teachers, provide fuel, and 
shall make repairs not to exceed 5 per cent of school money ; teachers may be 
dismissed for cause, but not until after a fair hearing ; district shall be liable 
for full salary of any teacher dismissed contrary to law. Board may prescribe 
rules and regulations for conduct of schools ; shall prescribe study of physiol- 
ogy and hygiene, humane treatment of lower animals, Constitution of the 
United States and of State of New Hampshire, and may prescribe algebra, 
geometry, surveying, bookkeeping, philosophy, chemistry, natural history, and 
other suitable studies. Board shall purchase textbooks and other supplies and 



148 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

loan the same free of charge to pupils ; books may be sold at cost to persons 
desiring to purchase them; a United States flag, to cost no more than $10, 
shall be purchased by board for each school. No sectarian or political book 
shall be introduced into the public schools. Every teacher shall be furnished 
with a blank register, and board shall visit each school in district at least 
t\^ice in each term. The State superintendent shall cause to be held, at such 
times and places as he may designate, examinations for teachers; examina- 
tions shall test professional as V7ell as scholastic ability ; due notice shall be 
given of such examinations; a certificate shall be given to those passing 
required examinations; certificates shall be either probationary or perma- 
nent, and shall indicate gi'ade of school in which holder may teach; State 
superintendent may issue without examination certificate to any person who 
has taught in the public schools of State for three years. A list of certified 
teachers shall be kept on file in office of State superintendent for information 
of school committees. A sum not exceeding $300 may be annually expended 
from institute fund for carrying out foregoing provisions. State superin- 
tendent and his deputy shall have authority to enforce attendance and child- 
labor laws, having for that purpose powers as truant officers; expenses in- 
curred thereby shall be paid as allowed and audited by governor and council. 
Teachers shall make entries in school register and return same to school 
board; $20 of teacher's salary shall be withheld until register shall be thus 
returned. Boards shall submit annual reports to State superintendent; fail- 
ure to comply herewith shall be punishable by fine of not more than $50. If 
any public officer willfully neglects his duties, he shall forfeit sum not exceed- 
ing $30. Boards shall appoint truant officers ; same shall hold office for one 
year, but may be removed for cause. Selectmen shall annually assess tax to 
pay salaries of board and truant officers. Truant officers shall enforce law 
relating to truants and children of school age not attending school and with- 
out lawful occupation ; shall have authority to place in school children found 
employed contrary to law or violating compulsory attendance laws. In ab- 
sence of express contract, six hours shall constitute school day, five days a 
week, and four weeks a school month. Truant officers or agents shall an- 
nually in September take full census of children between 5 and 16 years old 
and report same to school boards. Teachers may attend institutes not exceed- 
ing one day in any term; time so spent to be counted as service to district. 
Thanksgiving Day and Fast Day, Labor Day, Washington's Birthday, Memo- 
rial Day, Independence Day, New Year's Day, 12th day of October, and 
Christmas Day shall be legal holidays, and when falling on Sunday the fol- 
lowing day shall be observed as a holiday. School board shall have same 
superintendence over evening schools as over other schools. 

Superintendent. — ^A school district may require the school board to appoint 
a superintendent of schools, may prescribe his duties, fix his compensation, 
and raise money to pay such compensation. Two or more districts may, by 
a vote of each, form a district for purposes of employing a superintendent 
therein; such superintendent shall be appointed by a joint committee com- 
posed of boards of such districts, who shall determine relative amount of 
service to be devoted to each district by superintendent, and fix part of his 
salary to be paid by each district. Any district which shall unite with one 
or more districts to form a supervisory district, which shall employ as super- 
intendent at an annual salary a person holding a permanent State teachers' 
certificate, when same shall be certified to State treasurer, shall receive one- 
half its apportioned share of said salary from State; this provision for State 
aid shall not apply to cities. Supervisory districts of less than three towns 



A (d). DISTEICT BOAEDS AND OFFICERS. 149 

shall employ not fewer than 20 nor more than 60 teachers. Any district may 
withdraw from a joint supervisory district at the expiration of the contract 
made with the superintendent of such joint district. 

See also A (b2), State officers; A (e), School meetings, elections, etc.; 
O (b), Local bonds and indebtedness; C (c), Local taxation; D (a), Build 
ings and sites, general; H (f), Compulsory attendance; J (b), Medical in- 
spection; N (a), High schools; U (e), Schools for dependents and delinquents. 

New Jersey: All boards of education of the various school districts of the 
State shall constitute a " State federation of district boards of education " ; 
each such board shall annually select a member of said board as a delegate 
to said federation. Said federation may investigate subjects relating to 
education, and it shall encourage and aid movements for improvement of 
educational affairs in the State; may establish by-laws; district boards may 
pay expenses of delegates, and may appropriate annually sum not exceeding 
$10 each for dues to said federation. 

In each school district there shall be a custodian of school moneys. Said 
custodian shall pay out such moneys only on orders signed by president and 
district clerk or secretary of district board; shall keep record of sums re- 
ceived and disbursed; shall make annual fiscal report to district board and 
to county superintendent. The custodian of municipal funds, or the collector 
when designated by school board, shall be custodian of school funds; when- 
ever district shall contain more than one municipality, school board may 
appoint a person as custodian ; school board shall fix compensation of said 
custodian; collector or treasurer of each municipality shall pay over to said 
custodian amounts levied and collected for school purposes; when there are 
no funds in treasury to pay orders, such orders shall bear legal rate of 
interest until funds become available; said custodian shall forfeit $10 for 
each day's delinquency in making required reports. 

Any person in public office who shall solicit or receive anything of value 
for his vote, shall be guilty of a misdemeanor ; any person officially connected 
with any institution supported wholly or in part by public funds, and having 
an interest in furnishing supplies or in making contracts for such institution, 
shall be guilty of a misdemeanor ; any person who shall bribe a public officer 
shall be guilty of a misdemeanor; any public official or public board making 
disbursements or incurring obligations in excess of appropriations shall be 
guilty of a misdemeanor. 

Employees of boards of education receiving less than $1,200 annually shall 
be compensated for injuries received while in such service. 

See also A (b2), State officers; A (c2). County officers; A (f), Adminis- 
trative units — districts, etc.; B (d), State taxation for school purposes; 
C (a), Local finance and support, general; D (a). Buildings and sites, gen- 
eral; D (e). United States flag in schools; E (b). Teachers' certificates, gen- 
eral; F (a). Teachers' contracts, duties, etc.; F (c), Teachers' pensions; 
G (b). State normal schools; H (a), School population and attendance, gen- 
eral; H (b), School census; H (d). School holidays; H (e). Consolidation of 
districts, etc.; H (f), Compulsory attendance; J (b). Medical inspection; 
K (b). Free textbooks; L (i). Manual and industrial education; M (b), 
Kindergartens; M (c), Evening schools; O (a), Industrial education, general; 
U (e), Schools for dependents and delinquents. 

New Mexico: Rural-district hoards. — Board of directors in each rural district 
shall be composed of three members elected by legal voters, one elected each 
year; term, three years; said board shall elect a chairman and a clerk 
from their own number ; two directors shall constitute a quorum ; in case of 



150 STATE LAWS RELATING TO PUBLIC EDUCATION. 

vacancy in board of directors, the county superintendent shall fill such vacancy 
until the next election. Directors shall have the care and keeping of school 
property, and are authorized to open the schoolhouses for the use of religious, 
political, literary, scientific, mechanical, agricultural, and industrial societies. 
Duties: To issue no warrants or certificates of indebtedness of the school dis- 
trict in excess of amount of le\T for one year, but any order when presented 
to and not paid by treasurer shall draw 6 per cent interest per year; have 
general control of schools in their districts, subject to supervision of county 
superintendent; annually make census of unmarried persons between 5 and 
21 years old and forward same to county superintendent. All resident un- 
married persons between 5 and 21 years old shall be entitled to attend the 
schools of their districts. The clerks of school boards shall annually make 
full reports to county superintendents. Any director who shall willfully re- 
fuse or fail to make any required report or perform the duties of his office 
shall be deemed guilty of a misdemeanor. Clerk of said board shall receive 
$1.50 for each 100 names or fraction thereof of children enumerated; any 
enumerator making fake enumeration shall be fined not less than $10 nor 
more than $50, such fine to be paid into school-district fund. School directors 
and boards of education shall annually make an estimate of amount of funds 
needed for their districts for ensuing year and certify the same to the county 
commissioners of their respective counties; said county commissioners shall 
levy a tax on the taxable property in each such district to produce the amount 
of the estimate; in case county commissioners disapprove said estimate or 
directors fail to make the same, the county commissioners shall levy such tax 
as they may deem necessary for school purposes, but such levies in districts 
other than incorporated cities, towns, and villages shall not exceed 20 mills; 
county commissioners shall annually levy a county tax of 3 mills for a 
general county school fund. Any surplus in the sinking fund of a district 
may be used by the directors in building additional schoolhouses or enlarging 
present buildings. Directors shall have no interest in any school contract. 
Women possessing the qualifications required of male electors shall be eligible 
to hold office of school director. 

City 'boards. — The board of education in an incorporated city shall consist 
of five members elected at large, elected in groups of two and three in odd- 
numbered years. The election of said board shall conform to the laws ap- 
plicable to election of officers of incorporated cities, except that no registration 
shall be required. Boards of education in incorporated towns and villages 
shall consist of five members elected at large from such town or village in 
groups of two and three in odd-numbered years. Manner of holding such 
election shall be the same as in incorporated cities. Said board shall have 
control over schools and school property of said town or village, the terri- 
tory attached thereto for school purposes, and the school district of which said 
town or village before incorporation was a part. Such board shall have like 
powers and privileges and be subject to like duties and requirements as in- 
corporated cities. No member of school board shall be a member of council 
or town trustees; nor shall any member of council or town trustees be a 
member of the board of education. Board shall fill any vacancy which may 
occur in their body; but any vacancy occurring more than 10 days previous 
to the annual election and having an unexpired term of one year shall be 
filled at the first annual election thereafter. Duties of board: To elect their 
own officers, except the treasurer; make their own rules and regulations; 
organize and maintain a system of graded schools; establish a high school 
when educational interests of city demand the same; exercise sole control 



A (d). DISTEICT BOAKDS AND OFFICERS. 151 

over schools and school property. Board shall elect a clerk, who shall re- 
ceive snch compensation as said board shall determine. Treasurer of city 
shall be ex officio treasurer of board of education. Said treasurer shall give 
bond and shall deposit school funds in some bank designated by board. 
Such bank shall give bond and shall pay interest on monthly average bal- 
ances. Said treasurer shall attend board meetings when so required, shall 
prepare monthly reports for board, and shall pay out school moneys only 
upon a warrant signed by president of board and countersigned by the clerk. 
Said treasurer shall receive from board for his services $50 per year. No 
board member shall receive any compensation for his services. Clerk shall 
keep account of proceedings of board and shall give bond in sum of $1,000. 
Board of education shall annually levy a tax for support of schools not to 
exceed 5 mills on the dollar of taxable property, which levy shall be ap- 
proved by the city council or town trustees; and when so approved the 
clerk of the board shall certify the same to the county clerk, who shall see 
to the collection of the same. Board shall hold monthly meetings and may 
hold special, meetings ; shall make an annual report, which shall be published 
and copies thereof sent to county and State superintendents. No expendi- 
ture greater than $200 shall be made except by written contract, and no 
expenditure of more than $500 for erecting buildings or making improvements 
shall be made except by competitive bid. No sectarian doctrine shall be 
taught in the public schools. Public-school property shall be exempt from 
taxation. Board of education may issue, upon a vote of the people, bonds 
to purchase school sites or to erect school buildings or to fund any bonded 
indebtedness for school purposes of city and town. Such bonds shall run for 
not less than 20 nor more than 30 years, bear interest at rate of no more 
than 6 per cent per annum, and shall be sold at not less than par. Each 
such bond shall be for a sum not less than $50. A tax levy shall be made for 
paying interest on and creating a sinking fund for such bonds; but there 
shall be no levy for sinking fund until 10 years after the issue of such bonds 
if they be for 20 years and 20 years after the issue if they be for 30 years; 
and the levy in any one year shall not exceed 5 mills on the dollar for such 
sinking fund, and the total levy in any one year shall not exceed 10 mills 
on the dollar for all purposes. The levy for interest on such bonds shall not 
exceed in any one year amount required to pay annual interest. Such bonds 
shall constitute a lien against school property. Clerk of board shall register 
bonds. Board members shall take oath of affirmation. School property shall 
not be transferred by school boards except upon the petition of a majority of 
electors of district. The title of unsold public lands in cities and towns 
shall be vested in the boards of education thereof and shall be used for 
public-school purposes. Such lands shall be sold at not less than the value 
set thereon by the board of appraisers appointed for the purpose. School 
boards shall be bodies corporate. Territory contiguous to a city or town 
may be attached thereto for school purposes upon a petition of a majority of 
electors of such territory and the approval of said city or town. Such at- 
tached territory shall be subject to taxation for school purposes as is the 
city or town, and said territory shall be entitled to all of the school privileges 
of the city or town. No board member shall be interested in any school con- 
tract except in his official capacity. District superintendents in districts 
consisting of incorporated cities or towns shall be employed for a term not 
to exceed two years. 

See also A (f). Administrative units — districts, etc.; C (b), Local bonds 
and indebtedness; C (c), Local taxation; D (e), United States flag in 



152 STATE LAWS EELATING TO PUBLIC EDUCATION. 

schools; E (b), Teachers' certificates, general; G (d), Teachers' institutes 
and summer schools; H (f), Compulsory attendance; N (a), High schools; 
T (b), Schools for the deaf. 

New York : Board of education. — The board of education of every city or union 
free-school district shall be a body corporate. In union free districts not 
coterminous with incorporated cities or villages there shall be elected by the 
district meeting not less than three nor more than nine trustees ; said trustees 
shall be divided into three classes, one class elected each year, to serve three 
years; said trustees shall constitute board of education of such district. In 
union free-school districts coterminous with incorporated cities or villages 
said trustees shall be elected by separate ballot at the charter elections. In 
union free districts not coterminous with incorporated cities or villages, and 
containing over 300 children of school age, the annual district meeting may by 
a majority vote set aside the Wednesday following such meeting as day for 
election of trustees, all qualified electors being eligible to vote ; in such elec- 
tions plurality vote shall elect. All disputes arising out of any district elec- 
tion shall be referred to commissioner of education, and his decision shall be 
final ; said commissioner may order a new election. The board of education 
in a new district where union free-school district containing two incorporated 
villages is divided shall consist of six members, elected in groups of two, one 
group each year; term three years. The number of members of board in a 
union free district coterminous with an incorporated city or village may be 
increased not to exceed nine or decreased to not fewer than three by a major- 
ity vote of the district, election for same to be called by board upon petition 
of at least 15 resident taxpayers; the number of board members in other 
union free districts may be increased not to exceed nine or decreased to not 
fewer than three by a majority vote of electors present and voting at an 
annual meeting, but due notice of such proposition shall be given, and board 
shall, upon petition of at least 15 voters of such district, include said proposi- 
tion in notice of annual meeting. Commissioner of education may for good 
cause remove any board member from office. Poivers and duties of hoards of 
education in union free districts: To adopt rules and by-laws for their gov- 
ernment; establish rules and regulations for control of schools; prescribe 
course of study, regulate admission of pupils, and provide for transfers of 
pupils from one class to another ; prescribe and furnish textbooks ; make pro- 
vision for instruction in physiology and hygiene; purchase sites for school 
purposes and construct buildings thereon when so instructed by the district; 
purchase furniture and apparatus for schools and purchase implements, sup- 
plies, and apparatus for agricultural, athletic, playground, and social-center 
purposes when authorized by the district ;" hire rooms for school purposes; 
insure school property ; have care and custody of school property ; sell or ex 
change school property when authorized by the district ; take and hold for use 
of schools any gift made therefor; establish in schools such departments as 
may be needed, and tuition fees for nonresident pupils; provide school sup- 
plies; appoint librarians; employ teachers and other employees for schools; 
fill any vacancy in said board until next annual election of trustees ; remove 
any member of their board for cause, but not until such member has been 
heard; provide suitable w^ater-closets ; borrow money in anticipation of taxes 
remaining uncollected and issue certificates therefor, to be paid within current 
fiscal year or within nine months thereafter, at rate of interest not to exceed 
6 per cent; raise taxes for supplementing State appropriation for teachers' 
salaries; provide for medical inspection of schools. Board of education of 
each school district and of each city may maintain free night schools; may 



A (d). DISTKICT BOARDS AND OFFICERS. 153 

provide free kindergartens for children between ages of 4 and 6 years. 
In any union district having 5,000 population or more, board may appoint a 
superintendent of schools, prescribe his duties, and fix his compensation. Said 
board shall meet at least once in each quarter; shall appoint one or more 
committees to visit and report on schools; all board meetings, except execu- 
tive sessions, shall be open to the public. No board shall incur a district 
liability in excess of district authorization, except when specially authorized 
by law so to do. A separate account shall be kept of moneys paid into the 
treasury of any city or village for use of public schools of such city or union 
free district coterminous with such village; such moneys shall be paid out 
only on drafts drawn by president of board, countersigned by secretary or 
clerk, and such drafts must first be authorized by the board; school moneys 
in other union free districts shall be paid to school treasurers thereof and 
paid out as in aforesaid union free districts. Boards shall have powers and 
privileges of trustees in common-school districts which are not specifically 
provided herein and not inconsistent with provisions herein made. By a 
majority vote of electors a union free district may adopt an academy within 
such district as the academic department of such district, if consent of trus- 
tees of academy be gained; property of such academy may be leased by dis- 
trict; said board may, with approval of commissioner of education, contract 
with such academy for instruction of pupils of academic grade residing in 
district. If in any dissolved district there shall exist an academy so adopted, 
such academy shall, upon request of a majority of surviving resident former 
trustees or stockholders of such academy, be transferred to said trustees or 
stockholders. The board of education shall keep record of its proceedings, 
and shall annually, prior to annual meeting, publish the fiscal report of the 
district ; said board shall make reports, as required, to commissioner of educa- 
tion ; said board shall present to annual meeting an estimate of expenses for 
schools for ensuing year. Board of education may, if inhabitants shall neglect 
or refuse to levy taxes as estimated for salaries of teachers and for contingent 
expenses, levy a tax for same; any dispute as to what shall constitute con- 
tingent expenses may be referred to commissioner of education, whose deci- 
sion shall be final. The corporate authorities of any incorporated city or vil- 
large shall levy a tax to raise the estimated amount for teachers' salaries and 
contingent expenses as certified by the board of education, and shall levy such 
other taxes for school purposes as may be required by law. 

Trustees. — The sole trustee or the trustees of a school district shall con- 
stitute a corporate board; the sole trustee of a district shall have same 
powers and duties as a board of three trustees; vacancies shall be filled 
by vote of the district. Powers and duties of trustees: To call needed special 
meetings; give due notice of meetings; make out tax list of every school 
district tax; purchase or lease school sites, and purchase, lease, or build 
schoolhouses as a district meeting may authorize ; have the custody and 
safekeeping of school property; insure school property; employ teachers and 
other employees; establish rules for schools; prescribe course of studies; 
collect district taxes for school purposes ; keep school property in good con- 
dition; establish sufficient number of schools; make full annual report to 
commissioner of education and to the district. Any trustee who shall will- 
fully fail to make required reports shall forfeit his office. Trustees shall 
not draw any order for salary of any teacher in excess of funds belonging 
to district. No trustee shall be interested in any contract which he makes 
in behalf of the district. 

Superintendent. — The territory formerly embraced in the school commis- 
sioner districts, outside of cities and of districts of 5.000 population or more 



154 STATE LAWS RELATING TO PUBLIC EDUCATION. 

which employ a superintendent of schools, shall be organized and divided 
into supervisory districts; no town shall be divided in the formation of such 
district; the territory of each such district shall be compact and con- 
tiguous; such districts shall contain as nearly the same extent of territory 
and number of school districts as practicable. In counties containing two or 
more supervisory districts, the school commissioners of commissioner districts 
and the supervisors of towns are directed to meet and form said supervisory 
districts. Two school directors shall be elected for each town at general 
election, elected in rotation, to serve five years; each such director shall 
talie oath of office, and shall receive $2 per day for each day's service and 
traveling expenses to be paid by town board. School directors of the towns 
composing a supervisory district shall elect the superintendent therefor; 
result of such election shall be certified to commissioner of education by the 
county clerk. To be eligible to office of district superintendent a person 
must be at least 21 years old, a citizen of the United States, and a resident 
of the State, may or may not be a resident of the district, but must reside 
in the county containing such district after his election, may be of either 
sex, shall possess a teaching certificate valid as a license to teach in the 
schools of the State, and shall pass an examination in supervision of courses 
in agriculture as prescribed by commissioner of education; said super- 
intendent shall take oath of office; term of office, five years. Salary of dis- 
trict superintendent shall be $1,200 per year, payable by the commissioner 
of education, and may be increased by vote of the supervisors of the towns 
composing such district, such increase to be raised by tax levy ; the district 
superintendent shall be allowed expenses, not to exceed $300 per year on 
audit, paid by commissioner of education. For good cause, commissioner of 
education may remove any district sui^erintendent. Said superintendent 
shall not be interested, except as author, in any book, or in any kind of 
school supplies, or in any school contract, or in any teachers' agency; nor 
shall he receive any favor for his influence. Said superintendent shall devote 
his entire time to duties of his office, Poivers and duties of district super- 
intendent: To see that bouncaries of school districts are properly described 
in the official records ; assemble teachers for conference ; inspect and report 
on training classes; hold meetings of trustees and other school officers; 
direct trustees of any district to make needed alterations or repairs; 
examine and license teachers, and conduct such other examinations as com- 
missioner of education may direct; revoke, for good cause, any teacher's 
certificate ; take affidavits and administer oaths ; take and report to com- 
missioner of education under direction of said commissioner testimony in 
a case on appeal; perform such other duties as may be required by com- 
missioner of education. In addition to duties hereinbefore provided, said 
superintendent shall be subject to all the duties and responsibilities with 
which a school commissioner is charged by law. Appeals from acts of dis- 
trict superintendent may be taken to the commissioner of education. 

The board of supervisors is authorized to pay expenses incurred for 
printing and office supplies of district superintendents, to be a county charge. 

Trustees. — Each school district shall have from one to three trustees, as the 
district determines, a clerk, a collector, and, if the district so determines, a 
treasurer ; a union free district shall have from three to nine trustees, as dis- 
trict shall determine; every district officer must be able to read and write and 
must be a legal voter of district ; no school commissioner or supervisor shall 
be eligible to office of trustee or member of board of education, and no trustee 
or member of board of education and no trustee can hold office of district 



(d) 



DISTEICT BOARDS AND OFFICERS. 165 



clerk, collector, treasurer, or librarian; any officer removed from office shall 
not be eligible for any other office within period of one year ; not more than one 
member of a family shall be member of same school board ; in districts hav- 
ing three or more trustees, term of office shall be three years; having one 
trustee, term one year; term of office of all other officers shall be one year; 
all district officers shall be elected by ballot; district clerk shall notify per- 
sons of their election to school offices unless such persons are present at 
meeting; unless within five days after receiving such notice a person shall 
refuse such office, he shall be deemed to have accepted the same ; any trustee 
who absents himself from three successive meetings of the board without 
good excuse thereby vacates his office. Any person elected to a school district 
office and being qualified for same who shall refuse to serve shall forfeit $5 ; 
any such person who shall refuse to serve after accepting the office shall vacate 
such office and forfeit $10 ; the district superintendent may accept the resigna- 
tion of such officer, whereupon no penalty is imposed; forfeitures shall go to 
the school district. If a vacancy in office of trustee is not filled by election 
within 30 days, the district superintendent may fill the same; a vacancy in 
office of trustee of a union free district may be filled by special election called 
by commissioner of education ; vacancies filled by election shall be for re- 
mainder of term ; if filled by appointment, for time until regular election ; 
trustees may fill vacancies in offices of clerk, collector, or treasurer. 

Duties of district clerk: To record proceedings of school meetings; give 
notice of all school meetings; notify school officers of their election; notify 
trustees of any resignations; attend meetings of trustees when notified. 
D'uties of district treasurer: To be custodian of school funds ; give required 
bond; pay out money only on order of trustees. Collector shall give bond and 
shall disburse teachers' fund when there is no treasurer. In every union free 
school district board of education may appoint one of their number, or some 
other qualified voter who is not a teacher, to act as clerk, at a salary fixed by 
annual meeting; board may fix such salary if meeting shall fail so to do; 
said board shall also appoint a treasurer and a collector in such districts 
where district is not coterminous with an incorporated village or city. The 
collector shall forfeit to the district any moneys not collected when such 
failure shall be due to his neglect. 

Duties of town clerks: To keep records of common schools; record certifi- 
cates of apportionment of school moneys; notify trustees of school districts 
of filing of such certificate; receive reports of school-district trustees and 
transmit such reports to commissioner of education; furnish to the super- 
intendent of the supervisory district names and addresses of the school-dis- 
trict officers as reported to him by district clerks; distribute to school 
trustees books, blanks, and circulars received from commissioner of educa- 
tion or district superintendent ; receive from the supervisor, and keep record 
of, account of receipts and disbursements of school moneys required to be 
submitted to town auditors, together with action of such auditors thereon, 
and send copy of same to commissioner of education; record descriptions of 
school districts; act, when legally required, in erection or alteration of a 
school district; preserve records of dissolved districts; perform any other 
duty required under the law. The necessary expenses of a town clerk shall 
be a town charge. 

Duties of supervisors: To disburse teachers' fund upon order of trustees, 
but shall turn over such funds to the district treasurer when such official 
has been elected, or to bonded district collector when there shall be no 
treasurer; pay over school money to treasurer of union free district upon 
order of school board of such district; keep account of all moneys received 



156 STATE LAWS RELATING TO PIJBLlC EDUCATION. 

and disbursed, and annually lay same before town board or board of town 
auditors ; make fiscal report to town clerk ; sue for and recover all penalties 
and forfeitures as required of bim by law; erect or alter a school district 
when legally required; take and hold gospel and school lots of their respec- 
tive towns; sell such lots when authorized by the town; invest proceeds of 
such sales in loans on unencumbered property of the value of double the 
amount loaned; purchase property so mortgaged upon a foreclosure and 
hold or convey the same; apply rents and profits of such property to sup- 
port of schools; render financial report of sales, loans, and rents of such 
lands to the town board annually. On division of any town, gospel and school 
lands shall be sold and proceeds apportioned between towns interested 
therein; proceeds of such sales shall be paid to supervisors of said towns; 
supervisors shall give bond in sum double the amount of such moneys held; 
if supervisor shall refuse to give such bond he shall be guilty of a mis- 
demeanor, and court may appoint some other person to keep such moneys in 
trust. Each supervisor shall annually make a report to the district super- 
intendent of schools of the supervisory district in which the town is situated. 
The supervisor of each town shall be paid a fee of 1 per cent on all school 
moneys paid out by him. 

See also A (b2), State officers; A (e), School meetings, elections, etc.; 
A (f), Administrative units — districts, etc.; B (a), General State finance and 
support; (a). Local finance and support, general; C (b), Local bonds and 
indebtedness; C (c). Local taxation; D (a). Buildings and sites, general; 
D (e), United States fiag in schools; E (b), Teachers' certificates, general; 
F (c). Teachers' pensions; H (b), School census; H (f), Compulsory attend- 
ance; H (g), Child labor; H (h), Separation of the races; J (b). Medical 
inspection; J (c), Vaccination; L (1), Other special subjects; O (a). Indus- 
trial education, general; S (b), Public-school libraries. 

North Carolina: County board of education shall appoint for each township 
a school committee of three persons ; term of members, three years, one being 
appointed each year ; vacancies filled by county board ; compensation, $1 per 
day each for not exceeding four days per annum. In lieu of a township com- 
mittee, county board may appoint a committee of three for each district 
school. Powers and duties of committee: To keep record of proceedings; have 
care and custody of school property, with power to control same for school 
purposes ; report to county superintendent number and value of schoolhouses ; 
furnish teacher at opening of school a copy of census furnished county super- 
intendent ; report number of persons between 12 and 21 years old who can not 
read and write and also persons between 6 and 21 who are deaf or blind; 
report receipts and expenditures ; purchase supplies to value of not exceeding 
$25 for each school, but with approval of county board. Committee may con- 
tract with private school, conducted for at least six months and not sectarian 
or denominational, to give instruction in public-school studies to persons of 
school age, and may pay tuition out of public funds ; teacher must have first- 
grade certificate and must make reports required of other teachers; all chil- 
dren between 6 and 21 shall be admitted free, but charge may be made for the 
higher branches not prescribed by law for the common schools. 

Women shall be eligible to serve on committees for rural and graded schools, 
boards of trustees of State schools and colleges for women, and subtextbook 
commission. 

See also A (b2), State officers; A (cl). County boards; C (a), Local finance 
and support, genial; F (a), Teachers' contracts, duties, etc.; H (f), Com- 
pulsory attendance. 



A (d). DISTRICT BOARDS AND OFFICERS. 157 

North Dakota: Three school directors shall be elected for each common-school 
district; term, three years, one being elected each year. Treasurer shall be 
elected for two years. County superintendent shall give notice of and 
appoint election officers for first election in a new district. All qualified 
voters and all women over 21 years old who otherwise possess the qualifica- 
tions of male voters, may vote at school elections and hold school offices, but 
county superintendent must possess educational qualifications required by law. 
Clerk of the district shall notify officers elected and, within 10 days, shall send 
names of officers to county superintendent. 

School board shall annually elect one of its members president and a person 
not a member clerk. Regular meetings -in January, April, July, and October ; 
special meetings on call of president or two members ; majority a quorum ; 
each member shall receive $8 per annum, less $2 for each regular meeting 
which he fails to attend; in a district maintaining a graded school of three 
or more departments board shall meet monthly and each member shall receive 
$1 for each regular meeting. Clerk shall receive not exceeding $50 per 
annum and additional pay for taking school census. District school treasurer 
shall give bond for at least twice the amount of funds to come into his hands ; 
he shall pay no warrant unless the same is signed by the president and coun- 
tersigned by the clerk; he shall receive not less than $5 nor more than $25 
per annum. Powers and duties of common-school district hoards: To have 
control and management of schools and school property ; locate and maintain 
schools; make necessary repairs and furnish fuel and other supplies, which 
supplies must have approval of county superintendent; appropriate each 
year not less than $10 nor more than $25 for a school library. Board shall 
have control and care of school library and may appoint a librarian. Board 
shall employ all teachers of the district, and may dismiss them for cause; 
teachers shall be holders of valid certificates or permits to teach; holder of 
valid certificate shall receive not less than $45 per month. Board may admit 
pupils from other districts and from unorganized territory; it may send 
pupils to other districts and pay for their tuition and transportation. It 
may suspend or expel insubordinate or disobedient pupils. Subject to approval 
of county superintendent, board may determine what branches shall be taught 
in addition to those required by law. Board may levy a tax for school pur- 
poses of not exceeding 30 mills on the dollar. It may permit schoolhouses 
to be used for community purposes, but district shall be at no expense for 
the same, and no furniture fastened to the floor shall be removed. Board 
may, and when petitioned by one-third of the voters of the district shall, 
call an election to determine the question of selection, purchase, exchange, 
or sale of a school site or the erection, removal, or sale of a schoolhouse; 
a majority vote shall determine, but a two-thirds vote shall be necessary to 
remove a schoolhouse. When it is proposed to erect a schoolhouse in a com- 
mon-school district, school board shall consult with county superintendent and 
superintendent of health as to plans; State superintendent shall furnish 
plans for schoolhouses of one and two rooms. District board may acquire a 
school site of not less than 2 nor more than 5 acres, and when necessary 
may take the same by condemnation proceedings. On petition of parents 
or guardians of nine or more children residing 2^ miles or more from a school, 
district board shall provide a school for such children; but this provision 
shall not apply to districts consolidated as herein provided. District boards 
shall fix beginning and ending of school term, but no school shall be taught 
less than seven months; when for 10 days average attendance is less than 
four, board may discontinue school. The district board may, and when 
petitioned by one-third of the legal voters shall, call an election to determine 



158 STATE LAWS RELATING TO PUBLIC EDUCATION. 

the question of paying transportation of pupils to scliools already estab- 
lished, or of consolidating two or more schools and transporting children to 
a central school ; majority vote shall determine. If a majority of the patrons 
of a school averaging eight or more pupils in daily attendance for three 
months immediately preceding shall petition to continue school for an addi- 
tional time, board shall continue such school if funds are available. In any 
district containing four or more schools and having 60 or more children of 
school age, board may, and when petitioned by 10 or more voters shall, 
call an election to determine the question of establishing a high school; 
majority vote shall determine; voters shall also determine site and provide 
for building; term, not less than four months. Two or more districts may 
unite to establish a high school or graded school by vote of a majority of 
voters of each district; such school shall be controlled by the joint boards 
of the districts and maintained by the districts in proportion to property 
valuation. District board shall annually cause an enumeration to be made 
of all unmarried persons between 6 and 21 years old, and of all deaf, blind, 
and feeble-minded persons between 5 and 25 years old ; copies of enumeration 
of deaf, blind, and feeble-minded shall be furnished by county superintendent 
to superintendents of schools for deaf, blind, and feeble-minded, respectively. 
District clerk shall report annually to county superintendent. School money 
shall not be expended for the support of any school in which the English 
language is not the medium of instruction. Fire escapes shall be attached 
to each story above the first of all schoolhouses ; school boards shall plant 
trees and shrubs on school grounds. Where stock is permitted to run at 
large, a fence (not barbed wire) shall be built around the school grounds. 

In each city not organized under general law or under a special act the 
board of education shall consist of seven members elected at large; term, 
three years. 

See also A (b2), State officers; A (c2). County officers; A (f). Adminis- 
trative units — districts, etc.; C (c). Local taxation; D (a), Buildings and 
sites, general; F (c), Teachers' pensions; H (g). Child labor; J (b). Medical 
inspection; K (b), Free textbooks; M (b). Kindergartens. 
Ohio: Board of education. — Every board member shall take oath of office. The 
board of each city, village, or rural district shall organize by electing one 
member president, one vice president, and a person who may or may not be 
a member of board shall be elected clerk ; president and vice president shall 
serve for term of one year, and the clerk for term not to exceed two years. 
Once each year all members of village and rural districts within any county 
district shall meet to discuss educational matters, such meeting to be called 
by county superintendent. Remaining members of a board may fill any 
vacancy by a majority vote. The board of. each school district shall be a 
body corporate. Boards shall make rules and regulations for its government 
and government of its employees and the pupils. A special meeting of a 
board may be called by the president or clerk thereof or by any two mem- 
bers by serving written notice; majority, a quorum. Clerk shall keep a 
record of proceedings of board. A board may accept bequests, gifts, or 
endowments for school purposes. When a board decides to dispose of school 
property exceeding $3,000 in value the same shall be done by auction upon 
due notice, but such property may be sold to any municipality or trustees of 
school library in which such real estate is situated upon conditions as may 
be agreed upon. No board member shall have any pecuniary interest in any 
contract of the board. Exchanges for mutual benefit may be made by a 
municipal corporation and a school board of real estate. Property vested in 



A (d). DISTEICT BOARDS AND OFFICERS. 159 

any school board shall be exempt from taxation and from sale on execution 
or other writ or order in the nature of an execution. Process in all suits 
against a school board shall be by summons, served by leaving a copy with 
president or clerk thereof. In city districts city solicitor shall be legal 
adviser and attorney of school board ; in county districts prosecuting attorney 
of county shall be legal adviser and attorney of school boards therein; no 
additional compensation shall be allowed such officers for such services. 

City school hoards. — In city school districts containing less than 50,000 
persons the school board shall consist of not less than three nor more than 
five members, elected at large by qualified electors; in such districts con- 
taining between 50,000 and 150,000 persons, not less than two nor more than 
seven members elected at large, and of not less than two nor more than 12 
members elected from subdistricts by qualified electors of their respective sub- 
districts; in cities of 150,000 persons or more, not less than five nor more 
than seven members elected at large by qualified electors. Cities containing 
population of 50,000 to 150,000 shall be divided into a number of subdistricts 
equal to the number of members of school board to be elected from such sub- 
districts ; such subdistricts shall be as nearly equal in population as possible, 
and shall be composed of adjacent and compact territory as practicable. The 
term of office of members of city school boards shall be four years. If num- 
ber of members of city school board to be elected at large be even, one half 
thereof shall be elected in the year preceding and remaining half in the year 
following the calendar year divisible by four ; in such number be odd, one-half 
of the remainder, after diminishing the number by one, shall be elected in 
the year preceding, and the remaining number shall be elected in year fol- 
lowing the calendar year divisible by four; all members to be elected from 
odd-numbered subdistricts shall be elected at one and the same election, and 
all members from even-numbered subdistricts shall be elected at the alternate 
election. Electors residing in territory attached to any city for school pur- 
poses shall be entitled to vote in school elections of such city; an elector re- 
siding in a city, but not in the city school district of such city, shall not be 
entitled to vote in said city school district. If a petition signed by 10 per cent 
of the electors in any district be filed with clerk of school board, asking that; 
question of number of board members and organization of said board be sub- 
mitted to electors of the district, the school board of such district shall sub- 
mit such question to the electors thereof. 

Clerks. — The clerk of the board of education shall give bond; shall pre- 
pare annual financial statement and statistical report and transmit same to 
county auditor ; but in districts having a superintendent of schools statistical 
report shall be made by the superintendent; except in city districts, the 
clerk shall, prior to elections, post financial statement at polling places. 
County auditor shall furnish a suitable blank book to clerks for keeping ac- 
counts. Board of education of each district shall fix compensation of its 
clerk. When a depository has been provided for the school moneys of a dis- 
trict, as authorized by law, board shall dispense with a treasurer, and the 
clerk shall discharge duties of the treasurer. 

Records and reports. — Boards of education shall require all teachers and 
superintendents to keep school records in such manner that they may be en- 
abled to make required reports ; said boards may require teachers and super- 
intendents to make special reports; said boards, in cities, shall publish an- 
nually a report of condition and administration of the schools, and include a 
financial statement. No teacher shall receive pay until he files required 
reports. 



160 STATE LAWS RELATING TO PUBLIC EDUCATION. 

See also A (b2), State officers; A (cl), County boards; A (e), School meet- 
ings, elections, etc.; A (f), Administrative units— districts, etc.; C (e), Local 
taxation; D (a), Buildings and sites, general; E (b), Teachers' certificates, 
general; F (c), Teachers' pensions; G (b), State normal schools; G (d), 
Teachers' institutes and summer schools; H (b), School census; H (f), Com- 
pulsory attendance; L (j), Agriculture; P (a), Higher institutions, general; 
S (b), Public-school libraries; T (b), Schools for the deaf. 

Oklahoma: District school board shall consist of a director, clerk, and member, 
elected annally in rotation, to serve three years; no person shall be eligible 
to serve on district board unless he can read and write the English lan- 
guage and shall be a legal voter of district; board officers shall take oath; 
every person elected on school board who shall neglect or refuse, without 
good cause, to qualify within 20 days, or neglects or refuses to perform his duty 
after qualifying, shall forfeit his office. Director shall preside at meetings, 
sign orders drawn by clerk, and appear for district in suits of district, unless 
otherwise ordered by voters. Clerk shall keep all records and post required 
notices, shall draw and countersign all warrants. Board shall prepare and 
submit report to annual meeting. Clerk shall report to county clerk and 
county assessor names of persons in district liable to pay taxes; shall report 
name and address of district officer elected at annual meeting to county 
superintendent. Records of board shall be open to inspection of county 
superintendent and taxpayers of district. Board shall build, rent, or pur- 
chase schoolhouses, and purchase or lease site for same, by order of voters; 
shall have care of school property ; may admit nonresident pupils under cer- 
tain conditions. Board shall contract with teachers ; such teachers shall not 
be related to officers of the board; teachers must hold county certificates; 
teachers shall forfeit salaries when schoolhouse is destroyed and quarters 
can not be secured. Board shall provide school supplies. School property 
shall be exempt from taxation and forced sale. Teachers may suspend 
pupils for good cause, not to extend beyond current quarter of the term; 
any pupil so suspended may appeal to board. Board shall furnish registers 
and report cards. Any member of board, or custodian of district funds, who 
shall violate any of provisions herein made, shall be guilty of a misdemeanor ; 
any fines thereby collected shall be paid into county common-school fund. 
Board shall levy a tax on district to pay any judgment obtained against the 
district. Any schoolhouse located on the property of any settler may be re- 
moved therefrom, but if settler shall convey 1 acre of such land, upon which 
schoolhouse is situated, to the district, said schoolhouse shall not be removed. 
Board may build, purchase, or rent school buildings by order of electors; a 
tax not to exceed 3 mills may be levied for rental; an additional tax of 5 
mills may be levied for building or purchase purposes if 3-mill levy is not 
sufficient to pay for same within period of 10 years. No member of board 
shall be interested in any contracts of such board. County treasurer shall 
be custodian of district school funds; public funds of any district shall be 
disbursed only in payment of legal warrants or orders, bonds, and interest 
coupons. County treasurer shall make annual report to district boards. 
When any district shall have outstanding warrants, and no fund to pay same, 
treasurer may pay same out of other district funds in amount not to exceed 
50 per cent of total tax levy of district for fiscal year, but such warrants shall 
not be purchased for more than par and accrued interest. 

See also A (b2), State officers; A (c2). County officers; A (f). Adminis- 
trative units— districts, etc.; C (a). Local finance and support, general; C (c). 
Local taxation; F (a), Teachers' contracts, duties, etc.; H (e), Consolidation 



A (d). DISTRICT BOARDS AND OFFICERS. 161 

Of districts, etc.; H (li), Sepamtiou of the races; I (e), Scliool fraternities; 
K (c), Uniformity of textbooks; M (b), Kindergartens. 

Oregon: District "boards. — ^A meeting of a district school board may be called 
by one member serving at least 24 hours' notice on the other two members 
and the clerk. Duties of board: To authorize the clerk to call special meet- 
ings ; admit to school free all persons between 6 and 21 years old residing in 
the district and other persons on such terms as district may direct; visit 
schools from time to time, and may expel refractory pupils; suppress all 
secret societies in the school ; audit claims against the. district ; furnish fuel, 
supplies, and apparatus, but not to exceed 15 per cent of the county and 
Irreducible school funds appoi tioned to the district shall be expended for 
this purpose. Said board may, and when petitioned by one-third of the 
voters of the district shall call a meeting to vote on the question of the 
selection, purchase, exchange, or sale of a school site, or the erection, re- 
moval, or sale of a schoWhouse; majority of the voters present and voting 
shall determine, except that two-thirds majority shall be necessary to remove 
a schoolhouse; when so authorized, board shall provide site, building, fur- 
niture, and equipment, and when authorized by district may levy a tax of 
not over 5 per cent of the taxable property or issue bonds as provided by 
law. When authorized by voters, board may issue evidences of indebtedness 
of not over 5 per cent of taxable property and may levy tax to pay principal 
and interest. No member of board shall have any pecuniary interest in the 
erection of schoolhouses, or heating, ventilating, furnishing, or repairing the 
same. Warrants shall be drawn only when authorized by vote of the dis- 
trict; board may authorize the payment of teachers' salaries at the end of 
each month. Any duty imposed upon the board as a body must be per- 
formed at a regular or special meeting. Board shall not contract with 
teacher who is related by blood or marriage within the third degree to any 
member thereof, unless all members so vote. Board shall have entire con- 
trol of the schools, but in districts of second and third classes the course 
of study prescribed by the State board of education shall be used and any 
such district failing or refusing to use said course shall forfeit 25 per cent 
of the county school fund. In order that pupils may be admitted, parents 
or guardians shall provide textbooks prescribed by law. When directed by 
the district, board shall loan textbooks to indigent pupils; or when not 
directed by district, board shall loan said books to indigent pupils if clerk 
reports that parents or guardians are unable to purchase such books. Any 
board may contract with the board of another district for the admission of 
pupils into the schools of such other district. Board may dismiss a teacher 
only for good cause and the material reason shall be spread upon the 
minutes; teacher dismissed may appeal to county superintendent and thence 
to the State superintendent; or for breach of contract either teacher or 
board shall have the ordinary legal remedies. Board may prevent the 
attendance of any teacher or pupil on account of any contagious disease 
and may prohibit the attendance of any unvaccinated child who has not 
had smallpox; board may exclude any vermin-infected or insanitary pupil 
and may require the city or county health officer to examine such pupils. 
It is a misdemeanor to deface or damage school property and directors shall 
prosecute such offenses. The board may, unless the district votes to the 
contrary, allow the use of the schoolhouse for community purposes, but no 
cost to the district shall be thus incurred ; no dancing shall be allowed, nor 
shall any furniture be removed. The school board may when authorized by 
vote of the district, establish and maintain kindergartens for children over 

. 3966°— 15 ^11 



162 STATE LAWS EELATING TO PUBLIC EDUCATION. 

4 years old. The board shall, when directed by vote of the district, provide 
transportation for pupils residing 2 miles or more from the schoolhouse 
by the nearest traveled road, and may provide transportation for those 
living a shorter distance; in lieu of transportation board of pupils may be 
paid when the same may be had at expense equal to or less than the cost 
of transportation. When directed by vote of the district, school board shall 
suspend the school and arrange with another district for the instruction of 
pupils of such district and may pay for the transportation of pupils. Board 
shall provide each public schoolhouse with a United States flag. The direc- 
tors of any district of the second class may provide continuation evening 
schools. 

Clerks. — The district-school clerk shall give bond for at least double the 
amount of school moneys that shall come into his hands. He shall keep a 
record of all proceedings of the district and the board of directors. He shall 
report annually to the district, and a copy of such report shall be forwarded 
to the county superintendent. He shall take the annual census of persons be- 
tween 4 and 20 years old, together with names and addresses of parents or 
guardians. Within 10 days after taking such census he shall report the same 
to the county superintendent, who may make corrections, subject to appeal to 
the county district boundary board ; clerk shall also enumerate the name, age, 
and address of every deaf and blind person in the district. Clerk shall report 
annually to county clerk and to county superintendent the amount of tax 
levied for school purposes in his district; he shall transmit to county superin- 
tendent annually the names of district officers. He shall receive the school 
monej^s apportioned to the district. In first and second class districts clerks 
shall receive pay as fixed by the board ; in third-class districts between $5 and 
$25 per annum. 

See also A (b2), State officers; A (c2), County officers; A (e). School meet- 
ings, elections, etc.; A (f). Administrative units — districts, etc.; B (e), State 
aid for elementary education ; C ( b ) , Local bonds and indebtedness ; E ( b ) , 
Teachers' certificates, general; F (c), Teachers' pensions; H (f). Compulsory 
attendance; K (b), Free textbooks; K (c). Uniformity of textbooks; N (a), 
High shools; S (b), Public-school libraries; T (b). Schools for the deaf. 

Pennsylvania: School directors. — Public-school systems shall be administered 
by a board of school directors in each school district. In each district of 
first class, board of 15 directors shall be appointed by judges of court of 
common pleas, 5 appointed every two years, term six years ; in second class, 9 
directors shall be elected at large by qualified voters, 3 elected every two 
years, term six years; in third class, 7 directors shall be elected at large, 
elected in rotation in groups of 2, 2, and 3, term six years; in fourth class, 5 
directors shall be elected at large, elected in rotation, in groups of 2, 2, and 1, 
term six years. Any citizen of good moral character, 21 years old or over, 
and resident of a district for one year, is eligible for position of director 
therein ; but any person holding the office of mayor, chief burgess, county 
commissioner, district attorney, city, borough, or township treasurer, city 
councilman, township commissioner, road supervisor, tax collector, comp- 
troller, auditor, or constable shall not be eligible as a school director. In 
case of vacancy in board of directors of first-class district, position shall be 
filled by court of common pleas ; in second, third, and fourth same shall be 
filled by a majority of remaining members, to serve until following municipal 
election, when successor shall be regularly elected for remainder of unex- 
pired term. Court of common pleas shall, upon petition of 10 or more resi- 
dent taxpayers, fill vacancies for unexpired terms if not filled within 30 days 



A (d). DISTRICT BOARDS AND OFFICERS. 163 

by foregoing method of procedure. School directors shall serve without pay, 
except as otherwise provided, and shall take oath of office. 

Directors' associations. — The school directors, in every county having a 
county superintendent, shall be called together annually by county superin- 
tendent to consider subjects pertaining to the welfare of schools; county com- 
missioners shall provide a suitable place for such convention. Each school 
director shall receive $2 per day and mileage at rate of 3 cents for attending 
such convention, but not for more than two days. Convention shall elect a 
president, two vice presidents, a secretary, and a treasurer, these constituting 
executive committee. The school directors' association shall elect one of the 
county institute auditors. It shall be the duty of the county, district, and. 
assistant county and district superintendent to attend said annual conventions, 
and they shall be members ex officio of the executive committee, but shall 
have no vote in selecting assistant county superintendents. County treasurer 
shall pay to treasurer of the association, out of county funds, expenses of 
such convention, but total shall not exceed $200 per year. 

PoiDcrs and duties. — Board of school directors shall establish, equip, and 
maintain in their respective districts a sufficient number of elementary public 
schools to educate all persons between 6 and 21 years old; may establish, 
equip, and maintain following additional schools or departments for the edu- 
cation and recreation of persons residing in said districts, and such addi- 
tional schools shall be a part' of the public-school system : High schools, 
manual training schools, vocational schools, domestic science schools, agri- 
cultural schools, evening schools, kindergartens, libraries, museums, reading 
rooms, gymnasiums, playgrounds, schools for blind, deaf and dumb, and men- 
tally deficient ; truant schools, parental schools, schools for adults and public 
lectures, but no pupil shall be refused admission to such additional schools 
on account of receiving training in other than public schools. Directors shall 
have authority to levy and collect taxes in addition to State appropriation, 
to establish, enlarge, equip, furnish, and maintain schools or departments 
herein provided, or to pay school indebtedness. The affirmative vote of a 
majority of all members of board of directors in every district, duly recorded, 
showing how each member voted, shall be required in order to take action on 
the following subjects : Fixing length of school terms ; adopting textbooks ; 
appointing or dismissing district superintendents, assistant district superin- 
tendents, associate superintendents, principals, and teachers; appointing tax 
collectors and other appointees ; assessing and levying taxes ; purchasing, sell- 
ing, or condemning land ; locating new buildings or changing the location of 
old buildings; dismissing a teacher after a hearing; creating or increasing 
any indebtedness ; adopting courses of study ; establishing additional schools 
or departments ; designating depositories for school funds ; entering into con- 
tracts of any kind where amount involved exceeds $100; fixing salaries of 
officers, teachers, or other appointees of board of school directors. Directors 
may adopt and enforce rules and regulations for management of school affairs 
and conduct of all of those connected with schools ; shall, in districts of first 
and second class, and may, in third and fourth, make rules regulating ath- 
letics and other student activities; shall visit and supervise schools, except 
in cases where supervisory officials are employed. 

In districts of first class the school year shall begin on the 1st day of Janu- 
ary ; in all others on first Monday of July. In districts of first class directors 
shall elect president and vice president from their number, and secretary who 
is not a member; shall elect city treasurer as school treasurer. In districts 
of second class secretary and treasurer shall not be members of board; in 



164 STATE LAWS RELATING TO PUBLIC EDUCATION. 

third and fourtli they may be members; same person shall not be secretary 
and treasurer of any board. Board may appoint solicitors and employees and 
lix their salaries. All boards shall meet at least once every two months. 
President shall issue orders on the treasurer for approved bills ; in districts of 
first class boards may direct any member to approve bills; boards shall ap- 
prove all bills before they are paid. Secretary shall keep record of all board 
proceedings ; shall prepare and sign orders on treasurer after board's ap- 
proval ; shall attest execution of deeds, contracts, and reports ; shall report to 
State board of education and to State superintendent; shall be custodian of 
all papers and records ; shall keep accounts with tax receivers and treasurer ; 
shall give bond ; may receive compensation for services. Treasurer shall 
deposit funds in name of district and make monthly reports to secretary and 
to controller, if any; shall furnish bond; shall make annual settlement and 
board; shall receive compensation as board may determine, but in districts of 
second, third, and fourth classes no more than 2 per cent of amount paid out 
on orde rs. 

See also A (b2). State officers; A (c2), County officers; A (f). Administra- 
tive units — districts, etc.; C (a), Local finance and support, general; D (a), 
Buildings and sites, general; E (b). Teachers' certificates, general; F (a), 
Teachers' contracts, duties, etc.; F (c), Teachers' pensions; G (b), State 
normal schools; G (d), Teachers' institutes and summer schools; H (c), 
School year, month, day, etc.; H (f), Compulsory attendance; J (b). Medical 
inspection; K (a), Textbooks and supplies, general; N (a). High schools; 
O (a), Industrial education, general; S (b). Public-school libraries; T (b), 
Schools for the deaf. 
Rhode Island: Poivers and duties of each scJiool committee: To have care and 
control of public-school interests, subject to commissioner of public schools; 
choose a chairman and clerk ; hold meetings quarterly ; locate schoolhouses ; 
require instruction in physiology and hygiene, with special reference to 
effects of alcoholic liquors and narcotics; visit and inspect each school at 
least twice in each term ; make rules and regulations for conduct of schools, 
for introduction and use of textbooks and works of reference, for instruc- 
tion, and for courses of study, under direction of commissioner of public 
schools; select teachers, and elect superintendent in towns not united for 
employment of such superintendent, and draw orders for payment of same; 
submit annual report to commissioner of public schools and to the town; 
purchase, at public expense, textbooks and supplies, to be loaned to pupils 
free of charge; purchase United States flag for each schoolhouse and cause 
same to be properly displayed ; cause Grand Army flag day to be observed. 
Committees may arrange for transfer of pupils to other towns ; may reserve 
annually out of public funds a sum not exceeding $40 to defray expense of 
printing their annual report ; may suspend pupils for cause. A change may 
be made in textbooks by vote of two-thirds of whole school committee; in 
city of Providence, by majority of such committee, notice of same having been 
given. No change in any textbook shall be made oftener than once in three 
years, unless by consent of State board of education. Subject to rules of 
school committee, books removed from use may be distributed to pupils; 
textbooks may by purchase become property of pupils using them. Addi- 
tional poioers and duties: To cause the annual school census to be taken; 
approve private schools for attendance of pupils subject to compulsory at- 
tendance law ; provide high-school instruction ; appoint truant officers ; issue 
age and employment certificates; provide open-air schools; appoint school 
physicians and provide medical inspection. 



A (d). DISTRICT BOAEDS AND OFFICERS. 165 

No person shall be excluded from school on account of race or color, or 
for being over 15 years old, nor except by force of some general regulation 
applicable to all persons alike. Any school officer who violates any of the 
requirements of his office shall be fined not exceeding $500 or be imprisoned 
not exceeding six months. Any school receiving aid from the State, either 
by direct grant or exemption from taxation, shall be subject to inspection by 
any proper school official. No person shall keep any nuisance within 100 
feet of any schoolhouse or of any inclosure of any school yard. In the 
cities of Providence and Cranston school committee shall have charge of all 
affairs of schools, except those of expenditures for school sites and improve- 
ment, repair and construction of schoolhouses, which shall be in charge of the 
city council. No school official shall have any pecuniary interest in the 
introduction of any book, map, or chart in the public schools ; no person shall 
offer any favor whatever to any such official as an inducement for his influ- 
ence. Tuition in town and city public schools is free to residents thereof; 
all public schools of the State, including State normal school, shall be open to 
children of soldiers and sailors of the State who died, in the service of the 
United States during the Civil War, or were discharged from service on 
account of disease or wounds contracted in said service, without any cost or 
expense to such children when in school for taxes or other charges for pur- 
poses of public education. No person shall be permitted to attend any public 
school who does not possess a vaccination certificate or certificate from a 
reputable physician that vaccination is dangerous to such pupil. Every per- 
son violating any provision of this chapter shall be fined not exceeding $50 
or be imprisoned not exceeding 80 days. 

Every person who shall hold office shall, upon leaving the same, deliver all 
records and moneys of such office to his successor, or if there be no successor, 
to the secretary of state; violation of this provision shall constitute a mis- 
demeanor. 

No person in public or private employ, or public official, shall corruptly 
accept or give, or obtain or agree to accept or give, or attempt to obtain for 
any other person or give, any gift or consideration for his favor or disfavor ; 
any violation of these provisions shall constitute a misdemeanor. No flags 
or emblems of foreign countries shall be displayed upon public buildings and 
schoolhouses, except upon public buildings as a mark of respect for some 
foreign visitor. 

See also A (bl), State boards; A (b2). State officers; A (f), Administrative 
units — districts, etc.; D (a), Buildings and sites, general; H (e), Consolida- 
tion of districts, etc.; H (f). Compulsory attendance; H (g). Child labor; 
J (b). Medical inspection ; N (a). High schools; S (b), Public-school libraries; 
T (f), Tuberculous children. 
South Carolina: The county board of education shall appoint for each district 
three school trustees for a term of two years, but this provision shall not 
affect the manner of selection of trustees in special or graded school districts 
organized under special acts. In special districts having a population of not 
less than 5,000 and in which boards are not fixed by law qualified electors 
may elect a board of nine trustees ; term, six years, three being elected every 
two years. District trustees shall take the control of district schools, subject 
to the* direction of county board. Trustees may sell school property with the 
consent of the county board. Each teacher shall report monthly to the board 
of trustees. Warrants drawn by boards of trustees shall not be paid without 
approval of county superintendent ; no trustee shall receive pay as a teacher. 
Powers and duties of the trustees: To provide schoolhouses and make the 



166 STATE LAWS EELATING TO PUBLIC EDUCATIOlSr. 

same comfortable; employ and discharge teachers and impose upon them 
examinations additional to those required for State or county certificate; 
suspend or dismiss pupils ; call meetings of the qualified electors of the dis- 
trict ; control and care for school property ; visit schools from time to time. 

See also A (cl), County boards; A (f), Administrative units — districts, 
etc.; B (e), State aid for elementary education; N(a), Hi-gh schools. 
South Dakota: The district school board shall consist of a chairman, a clerk, 
and a treasurer elected at the annual district meeting ; term, three years, one 
member being elected each year. Electors at annual meeting may instruct 
board as to branches to be taught in addition to those required by law, time 
of holding school, amount of tax levy, the repair and furnishing of school- 
house, the election or removal of a schoolhouse, or any other matter per- 
taining to the schools, and said board shall carry out such instructions, 
county superintendent. He shall annually take and file with the county super- 
Treasurer and secretary shall give bond ; county superintendent shall institute 
suit for breach of the same. Board shall hold three regular meetings each 
year, and majority may call special meetings. On petition of five legal voters 
clerk shall call a special meeting of voters. Clerk shall report annually to 
county superintendent. He shall annually take and file with the county super- 
intendent a census of all persons in his district between 6 and 21 years old ; 
said superintendent may order a new census when the census reported by 
clerk is found insufiicient, false, or fraudulent ; said superintendent shall annu- 
ally report the census of each district in his county to the commissioner of 
school and public lands, who shall apportion the school funds thereon. Dis- 
trict treasurer shall pay no warrant except when signed by clerk and coun- 
tersigned by chairman ; warrants presented for payment when there is no 
money in the treasury shall bear 7 per cent interest until treasurer gives 
notice that he will pay the same. Compensation of officers: Chairman, $5 per 
annum; secretary, $5 for each school or department; treasurer, $5 for each 
school or department, but not exceeding $25 per annum. 

The school board shall have the general management of the schools and 
care and control of school property. On petition of persons in charge of seven 
or more children of school age residing not less than 3 miles from the 
nearest school, the school board shall provide a school for such children. 
Parents of children residing 2i miles or more from school shall receive for 
transportation of children a specified sum per day per pupil, said sum in- 
creasing as the distance increases, but this provision shall be only for 
actual attendance, and no money shall be expended under this section for the 
transportation of pupils having finished the eighth grade; district shall ex- 
pend annually not exceeding $800 for this purpose. When children of school 
age reside in unorganized territory the county commissioners shall provide 
school accommodations for such children by paying for transportation and 
tuition or may pay for such children's board. District school board shall 
make necessary repairs and furnish fuel and supplies. Said board shall em- 
ploy teachers, and may dismiss a teacher for cause; in any school district 
containing one or more townships, except in a city, town, or village of more 
than 50 inhabitants, when three-fourths of the parents or guardians of 
children of school age petition for the employment of a particular teacher 
the board shall employ said teacher, but not at an increased salary and not 
unless teacher holds a valid certificate. Board may admit nonresident pupils 
and shall assign pupils within the district to schools. Board may close a 
school and combine it with another in the district, but three-fourths of the 
patrons thereof may appeal to county superintendent. Any party dissatisfied 



A (d). DISTKICT BOARDS AND OFFICERS. 167 

with a decision of the school board may, on giving bond to cover costs, appeal 
to the circuit court, which shall adjudicate the cause, but appeal shall lie to 
supreme court. Board may make rules for the schools and suspend or expel 
a disorderly pupil. Said board may levy a tax of not exceeding 20 mills on 
the dollar. A schoolhouse may be removed by a majority vote of the district, 
but in a district having only one schoolhouse a two-thirds majority shall be 
necessary, except to remove the house to the center of the district. If a 
district fails to levy a tax to run its schools at least six months, the county 
commissioners shall levy a tax in said district for such purpose. When 
directed by the voters the board shall provide a site and schoolhouse or re- 
move or sell the same. A district may acquire a school site of not exceed- 
ing 2 acres; such site may be acquired by condemnation proceedings; State 
may sell a site from the corner of a subdivision of common-school or en- 
dowment lands. County commissioners shall levy a tax of $1 on each elector 
in the county, which shall .be distributed to school corporations on the basis 
of school population. District treasurer shall make annual settlement with 
the school board and shall transmit a statement to the county superintendent. 
Misdemeanor for any clerk or treasurer to make a false report or to 
mutilate or destroy his records or accounts; misdemeanor for any district 
oflacer to fail to make required report. The clerk shall before July 20 each 
year certify the tax levied in his district to the county auditor. All moneys 
apportioned to the district by county superintendent, and all moneys received 
from district tax for tuition purposes, shall constitute the " tuition fund " ; 
moneys received from other sources shall constitute the " general fund." All 
reports and records of district ofiflcers and proceedings of the district meeting 
shall be subject to review by the county superintendent. All books, papers, 
etc., pertaining to the schools shall be open to inspection by the chairman of 
the board and by the State and county superintendents. District boards 
shall plant trees about the schoolhouse, and where stock runs at large a 
fence shall be built about the school grounds. 

See also A (b2), State officers; A (c2), County officers; A (f), Administra- 
tive units — districts, etc.; C (b), Local bonds and indebtedness; H (f). Com- 
pulsory attendance; H (g), Child labor; N (a), High schools; S (b). Public- 
school libraries; T (b). Schools for the deaf. 

Tennessee: In each civil district an "advisory board" shall be elected bi- 
ennially by qualified voters. Duties of advisory hoard: To visit schools, keep 
school property in repair, and see that fuel, etc., are supplied; make recom- 
mendations to county board as to teachers to be employed : report annually to 
county board ; have secretary take school census annually, but in a city or 
town constituting a separate school system board of education shall have 
enumeration made; suspend and dismiss pupils subject to appeal to county 
board ; issue orders on county board for not exceeding $10. 

See also A (b2). State officers; A (cl). County boards; A (c2). County 
officers; A (f). Administrative units — districts, etc.; H (f), Compulsory 
attendance; K (c), Uniformity of textbooks. 

Texas: Board of trustees of common-school district shtll be composed of three 
members elected by qualified voters; term, two years, one being elected one 
year and two the next year; trustee must have resided in district at least six 
months and must be able to read and write; county superintendent shall fill 
vacancies; county superintendent may institute proceedings in court to re- 
move trustee who, in his opinion, is not qualified. Board of trustees shall be 
a body corporate. Trustees shall have management and control of schools; 
they may employ teachers and dismiss them, but dismissed teacher may ap- 



168 STATE LAWS RELATING TO PUBLIC EDUCATION. 

peal to county and State superintendents. Duties of trustees: To determine 
number and location of schools and when they shall open and close; con- 
tract with teachers; approve teachers' vouchers and all other claims against 
the district, but no deficiency shall be created in school fund. Contracts with 
teachers must have approval of county superintendent. When average attend- 
ance exceeds 35 trustees may employ assistant teacher and an additional 
teacher may be employed for every additional 35 pupils or fraction thereof 
greater than 15. In special tax districts trustees may increase salaries of 
teachers and the school age and may run schools longer than six months. 
Amount contracted to pay teacher shall be paid on check drawn by majority 
of trustees on county treasurer and approved by county superintendent. 

Board of trustees in towns and cities shall consist of seven members; 
three appointed one year and four the following year by city or town council, 
but on petition of 25 per cent of qualified voters election shall be ordered by 
mayor to determine whether said seven trustees shall be elected by vote of 
people; in other independent districts county judge shall order first election 
for seven trustees and thereafter trustees shall order such election. City or 
town voting special tax may prescribe additional studies and extend school 
age to 21 years, but State and county apportionment shall still be made on 
basis of census of children between 7 and 17. Trustees of city or town or 
independent district may elect a superintendent for not to exceed two years. 
School officers and teachers shall not be agents for or othei-wise interested in 
sale of textbooks. 

See also A (b2), State officers; A (c2), County officers; A (f), Adminis- 
trative units — districts, etc.; C (c). Local taxation; D (a), Buildings and 
sites, general; E (b). Teachers' certificates, general; F (b), Teachers' sala- 
ries; H (b), School census; L (a), Course of study; M (b), Kindergartens. 

Utah: Except in cities of first and second classes, qualified voters shall- elect 
three district trustees for terms of three years, one being elected annually ; 
one member shall be chairman, one secretary, and one treasurer. Trustees 
shall call elections to elect trustee, fix tax rate, and determine whether bonds 
shall be issued; voter shall be a taxpayer in district; vacancy shall be filled 
by remaining members, but if two vacancies occur at once county commission- 
ers shall fill them. 

Powers of school hoard. — To have control of district schools and care and 
control of school property; may order tax not exceeding 10 mills on the 
dollar to be raised to pay current expenses and purchase textbooks; may 
establish school libraries and set aside 15 cents per capita of school popula- 
tion to purchase books and magazines, but this section shall not apply to 
cities of first and second classes ; shall keep school property in repair and fur- 
nish fuel and supplies; shall furnish and loan free of charge textbooks and 
supplies to all pupils, except to those of high schools; shall employ teachers 
and may dismiss them for cause, but no contract with teacher shall extend 
beyond following 30th of June; may admit pupils from other districts and fix 
tuition charges or send resident i)upils to other districts ; may permit school- 
house to be used for other than school purposes when schools are not in 
session. When they deem it necessary, or when petitioned by one-fourth of 
the resident taxpayers, board shall call a meeting of voters to determine ques- 
tion of selection, purchase, exchange, or sale of a schoolhouse site or the 
erection, removal, purchase, exchange, or sale of a schoolhouse, or for pay- 
ment of teachers' salaries or for current expenses ; majority shall determine, 
but two-thirds vote shall be required for removal of schoolhouse. Except in 
cities of first and second classes, no schoolhouse or addition thereto costing 



A (d). DISTRICT BOARDS AND OFFICERS. 169 

$1,000 or more sliall be erected without approval of plans by commission com- 
posed of State superintendent, secretary of State board of health, and an 
architect appointed by the governor. On petition of persons having charge 
of 15 or more children of school age residing 2 miles or more from school- 
house, board may organize and maintain a school for such children. Board 
shall determine when school shall open and close; when average attendance 
is less than 8 for 20 consecutive days, school may be discontinued. Board 
shall cause the clerk annually to take the census of all persons between 6 and 
18 years of age and report to county superintendent. They shall cause shade 
trees to be set out on school grounds and shall keep outhouses in sanitary 
condition ; they shall make an annual financial report to district meeting and 
shall file said report and such other reports rps State superintendent may 
require with county superintendent. All trustees of schools supported wholly 
or in part by the State shall include physiology and hygiene in courses given. 
In normal schools and in all public schools begiuning with the eighth grade, 
a course of Instruction in sanitation and the prevention of disease shall be 
given. 

See also A (b2). State oflScers; A (f), Administrative units — districts, 
etc.; C (b), Local bonds and indebtedness; F (c), Teachers' pensions; H (f). 
Compulsory attendance; H (g), Child labor; J (b), Medical inspection; 
K (c), Uniformity of textbooks; M (b). Kindergartens; N (a), High schools; 
U (c), Juvenile courts. 

Vermont: A town having 25 and less than 30 schools may, and a town having 
30 or more public schools shall, employ a superintendent for his full time, 
except as hereinafter provided ; a town employing a superintendent may be 
considered a union; an incorporated school district shall be considered a 
town for purposes of this chapter. Two or more neighboring towns having 
aggregate of not less than 25 nor more than 50 schools may form a union 
for employing a superintendent ; joint committee for such union shall con- 
sist of not more than three directors from each town. Duties of joint com- 
mittee: To appoint its officers; hold annual meeting; adopt by-laws; elect 
superintendent of schools for one-year term, apportion his service among the 
towns on basis of number of schools, fix his salary and apportion same 
among towns on basis of their grand lists (property valuation) and certify 
such apportionments to town treasurers. Towns forming such union shall 
have no other superintendent of schools. Such union shall not be dissolved 
because number of schools shall fall below 25, nor within period of three 
years, except by two-thirds vote of all school directors forming such union ; 
and shall not be dissolved at expiration of three years except by majority 
vote of all such directors. Towns forming a union, and raising at least 
$1,250 annually for salary of superintendent of such union, shall receive 
$1,000 from the State, such amount to be apportioned among the towns on 
basis of their grand lists; a further sum equal to one-half of superintend- 
ent's salary above $1,250 and not exceeding $1,800 shall in like manner be 
appropriated and apportioned to such towns, the same not to exceed $300; 
town treasurer shall place such sums to credit of school funds. If the 
superintendent of a town, which individually constitutes a union, spends part 
time in teaching, the town shall receive from the State a part of $1,000 
proportionate to that spent in supervision, such amount not to exceed $500. 
Union superintendents elected by joint committees shall devote entire time 
to supervision, shall hold, or shall have held, a first-grade certificate or its 
equivalent, shall have taught at least 50 weeks, shall be or become a resident 
of one of towns of the union ; may be removed from office for cause. Duties 



170 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

of union superintendent: To conduct teachers' examinations under direction 
of superintendent of education; meet annually with said superintendent; 
make reports to said superintendent when required and make annual 
report to directors of the towns of the union; direct work of pupils and 
teachers; advise with school boards in regard to employment of teachers; 
prescribe purchase of school books and supplies and supervise their distribu- 
tion; dismiss teachers for cause; perform other duties pertaining to his 
office. The annual meeting of union superintendents shall be considered a 
summer school if in session for no less than five consecutive days; expenses 
of meeting and traveling expenses of said superintendents shall be allowed 
by State, By a majority vote of school directors of all towns forming a 
union, union may be dissolved if towns join unions already formed or unite 
in forming new unions ; by a like vote one or more towns may be released 
from union if such towns join other unions or unite in forming unions; 
remaining towns shall continue in existence as a union if number of schools 
does not fall below 25, and towns may be added to unions if number of 
schools shall not exceed 50. Any five or more towns having less than 25 
schools may organize a union for supervision purposes. A town or union 
superintendent shall annually certify to superintendent of education facts 
relative to teachers. 

Board of school directors of a town or incorporated school district not in a 
union shall annually appoint and fix compensation of a superintendent of 
schools and certify such action to town clerk. Such superintendent shall serve 
for one year; may be removed for good cause. Duties: To visit schools at 
least once each term, note method of instruction and government, and advise 
with teachers ; inspect school property, supplies, apparatus, and books, and 
report condition of same to school board; may dismiss teachers for good 
cause ; submit annual report to school board, and such report may be printed 
by said board at expense of town. 

See also A (bl). State boards; A (b2), State officers; A (f), Administra- 
tive units — districts, etc.; C (c), Local taxation; D (e), United States flag in 
schools; E (b), Teachers' certificates, general; F (c), Teachers' pensions; 
G (c). County and local normal schools; H (f), Compulsory attendance; 
H (g), Child labor; I (e). School fraternities; J (b), Medical inspection; 
K (b), Free textbooks; L (a), Course of study; M (b), Kindergartens; 
M (c). Evening schools; N (a), Iligh schools; T (b), Schools for the deaf. 

Virginia: Division siiperintendent. — The State board of education shall every 
four years, subject to confirmation by the senate, appoint a superintendent 
of schools for each county or city or county and city created a school division 
by said board; no officer of a city, town, or county shall be eligible to the 
office of division superintendent of schools of such city, town, or county, or 
the clerk of the school board thereof, but this provision shall not apply to 
towns of less than 1,000 inhabitants. Salary, $40 for each 1,000 inhabitants 
of the division up to 10,000; $25 for each additional 1,000 inhabitants up to 
30,000; $15 for each 1,000 inhabitants above 30,000; these amounts shall be 
paid by the State, but local authorities may supplement them ; in no case 
shall pay of superintendent from State funds be less than $200. The powers 
and duties of division superintendents shall be as prescribed by State board 
of education. 

Powers and duties of district l)oards of school trustees: (1) To enforce the 
school laws and make rules for the government of the schools; (2) employ 
teachers and dismiss them, subject to appeal to the county trustee electoral 
board, but no teacher employed shall be the brother, sister, wife, son, or 



A *(cl). DISTRICT BOAEDS AND OFFICERS. 171 

daughter of any member of tlie board; (3) suspend or expel pupils for cause; 
(4) provide textbooks for indigent children; (5) see that school census is 
taken; (6) hold regular meetings as prescribed by the State board of educa- 
tion; (7) call meetings of the people; (8) make annual estimate to county 
school board of amount of money needed in the district during the next year 
for schoolhouses, textbooks, appliances, and other necessary expenses; (9) 
provide schoolhouses, furniture, and appliances, and control the same; (10) 
visit the schools from time to time; (11) provide for the pay of teachers 
and other necessary expenses, so far as the same are under the control of 
the district; (12) examine all claims against the district and pay the same 
when approved; (13) perform duties prescribed by the State board of educa- 
tion; (14) report on matters required by the division superintendent and 
make an annual report. County, city, or district school boards may make 
appropriations to nonsectarian schools of manual, industrial, or technical 
training or to any school owned or controlled by such county, city, town, or 
district; said boards may provide for manual, industrial, or other special 
training in the public schools. 

See also A (bl), State boards; A (cl). County boards; A (c2). County 
officers; A (f). Administrative units — districts, etc.; B (a), General State 
finance and support; C (b), Local bonds and indebtedness; D (a). Buildings 
and sites, general; D (b). State aid, approval of plans; D (c). Care, sanita- 
tion, etc., of schoolhouses; F (c), Teachers' pensions; G (b). State normal 
schools; G (d). Teachers' institutes and summer schools; H (a). School 
population and attendance, general; H (b). School census; H (f), Compul- 
sory attendance; H (g), Child labor; J (a), Health, general; N (a). High 
schools; Q (b), Agricultural colleges; S (b), Public-school libraries. 
Washington: Directors of school districts shall be elected at regular annual 
elections ; no person shall be eligible who can not read and write the English 
language. Poioers and duties of directors: To employ, for not more than one 
year, teachers, and fix, alter, allow, and order paid their salaries ; enforce 
rules and regulations of superintendent of public instruction and State board 
of education; rent, repair, furnish, and insure schoolhouses, and employ 
janitors, laborers, and mechanics; see that schoolhouses and premises are 
kept in proper condition; have control of school property; suspend or expel 
pupils for cause ; provide, when advisable, free textbooks and supplies to be 
loaned to pupils ; require adopted books to be used in schools ; authorize 
use of schoolhouse for proper public meetings ; provide, when advisable, free 
transportation of pupils; establish and maintain evening schools; procure 
and display a United States flag upon schoolhouses. Judgments against a 
school district shall be paid out of proper school funds belonging to district. 
Directors of any district may admit aliults and nonresident pupils to schools, 
and may charge tuition for such attendance. Directors may make by-laws 
. not inconsistent with provisions of law. Directors of each district may buy 
or sell school property when directed by the district so to do ; said directors, 
in name of the district, may transact all business for maintaining school and 
protecting interests of the district. Directors shall have no pecuniary interest 
in any contract of the district ; shall not contract any indebtedness in excess 
of income of district, unless authorized by a vote of electors of district. 
Directors shall take oath of office. District officers shall place their signa- 
tures on file with county auditor. Directors may condemn land for school 
site, not to exceed 5 acres in area ; shall in districts of third class, submit 
plans and specifications of proposed schoolhouses to county superintendent 
for his approval. 



172 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Board of directors in districts of first class (cities of first and second 
classes) sliall consist of five members, elected by qualified electors of the dis- 
trict, to serve three years; persons elected directors shall take oath of office 
within 10 days, otherwise offices shall be considered vacant; secretary of 
board of directors shall not be a member of said board; said board shall 
appoint and fix salary of secretary ; a majority vote of entire board shall be 
required to elect superintendent, teachers, and other employees of district. 
Secretary shall keep records of board meetings ; may be directed to purchase 
school supplies and shall also act as superintendent of buildings; shall make 
such reports as board may require. Board shall meet monthly and may hold 
special meetings; meetings shall be public unless otherwise specified. Board 
may fill vacancies in its body, valid until next election. Board may compel 
attendance of its members ; any member absent from four consecutive regular 
meetings of board, without valid excuse, shall thereby vacate his office. All 
school accounts shall be audited by auditing committee of board; no ex- 
penditure greater than $300 shall be made except upon written contract after 
inviting competitive bids. Powers of l)oard in addition to general poioers dele- 
gated to all hoards of directors: To employ city superintendent for term not 
exceeding three years, fix his duties and compensation, and dismiss him for 
cause ; prescribe course of studies not inconsistent with that prepared by State 
board of education; make necessary by-laws; adopt rules and regulations, 
and establish and maintain such special schools and departments as may be 
needed ; employ, and for cause dismiss, teachers and janitors ; determine time 
over and above eight months that school shall be taught; employ all officers 
and employees needed in administration of schools ; employ and fix compensa- 
tion of one or more assistant city superintendents and supervisors ; maintain 
shop and repair department; provide free textbooks and supplies to pupils 
when so ordered by vote of electors, or if free textbooks are not voted, supply 
same to indigent pupils; require pupils to be vaccinated, unless vaccination 
shall be injurious to children; require bonds of district officers; prohibit 
secret fraternities and sororities among students ; appoint a school physician. 
Said board shall annually cause a census to be taken of all persons between 
the ages of 5 and 21 years. Said board may sell any school property no longer 
required for school purposes if same shall be less than $2,000 in value; if 
value exceeds $2,000, vote of district shall be required to make such sale. 
Board of directors shall annually submit to county commissioners an esti- 
mate, in addition to State and county funds, of funds to be raised by taxation 
for school purposes ; such estimate shall include amounts required for support 
of schools, purchase of sites, erection and furnishing of schoolhouses, payment 
of interest on bonds, and creation of sinking fund for payment of indebted- 
ness, if any ; county commissioners shall levy and collect necessary funds, but 
for purchase of sites and erection of schoolhouses in district of first class in 
cities having population of 50,000 or less, an amount not exceeding $50,000 may 
be so levied annually ; in cities having population greater than 50,000 and less 
than 100,000, a sum not exceeding $100,000 annually ; in cities of population of 
100,000 to 200,000, a sum not exceeding $200,000 annually, and for every addi- 
tional 50,000 of population beyond 200,000 a further sum of $50,000 annually ; 
when any greater expenditure is required the question must be submitted to 
electors at election called for the purpose. The tax levied for school purposes 
In districts of first class shall not in any year exceed 1 per cent of assessed 
value of property, except by vote of the electors ; no levy shall exceed 2 per 
cent of assessed taxable property. 



A (d). DISTRICT BOARDS AND OFFICERS. 173 

Boards of directors of school districts of second class shall consist of three 
members, elected by ballot by electors ; term, three years ; vacancies in such 
board shall be filled by joint action of county superintendent and remaining 
members of board until next election; persons elected directors shall take 
oath of office within 10 days after election, otherwise such offices shall be 
deemed vacant ; clerk shall be elected by such board and may or may not be 
member of board. Regular meetings of said board shall be held monthly; 
special meetings may be called by chairman or any two members. Powers 
and duties of such hoat'd in addition to general powers and duties of hoards 
of directors: To provide such materials, supplies, apparatus, and libraries 
as may be required. Said board shall, annually, submit to county commis- 
sioners an estimate of funds needed for all school purposes, and said commis- 
sioners shall levy and collect such amount; such amount shall ngt exceed in 
any year 1 per cent of assessed taxable property of district, except by vote 
of electors; no tax, however, shall exceed in any year 2 per cent of assessed 
valuation ; in case said board shall fail to make such estimate, county super- 
intendent shall so do. Said board shall build or remove schoolhouses, pur- 
chase or sell sites when directed by vote of district so to do; but no school- 
house built on a site selected by majority of electors shall be removed except 
by a two-thirds vote of electors, and no site upon which no schoolhouse has 
been built, selected by such majority, shall be changed except by such two- 
thirds vote. Said board shall elect a superintendent or principal, who shall 
hold a valid certificate; term may be one or two years as determined by 
board. In districts of second class minimum school term shall be six months. 

Boards of directors of districts of third class shall consist of three directors 
elected by ballot by electors of district; term, three years; county superin- 
tendent shall fill any vacancy on said board until next election; directors 
shall take oath of office within 10 days of election, otherwise office shall be 
deemed vacant ; clerk of board shall be member thereof. Regular meetings 
of board shall be held monthly, and special meetings may be called by chair- 
man or any two members of board. In addition to general powers and du- 
ties said board shall purchase materials, supplies, apparatus, and libraries 
as may be required for schools and which may be approved by county superin- 
tendent. In schools having more than one teacher, one of such teachers shall 
be designated as principal ; where there are two or more buildings, a superin- 
tendent shall be elected. Said board shall annually submit estimate of 
school expenses to county commissioners, who shall levy and collect the 
same ; such levy shall noi exceed 1 per cent of taxable property of district, 
except by vote of electors; no levy, however, shall exceed 2 per cent of such 
assessed valuation; where directors fail to submit such estimate, county 
superintendent shall so do. Said board shall select sites and build school- 
houses when directed by vote of electors, but no schoolhouse built on a site 
selected by majority of electors shall be removed without a two-thirds vote 
of electors, and no site upon which no schoolhouse has been built, which has 
been selected by such majority, shall be changed excex)t by such two-thirds 
vote. Said board shall submit plans and specifications of buildings to county 
superintendent for approval before constructing such buildings. 

Appeals. — Appeals from decision or order, or from failure to decide or 
order, by a board of school directors shall be taken to county superintendent ; 
appeals from decision or order, or failure to decide or order, of a county 
superintendent shall, when relating to territory or boundaries of a district or 
to adjustment of assets and liabilities of a district, be taken to county 
commissioners, but in other matters, to superintendent of public instruction. 



174 STATE LAWS RELATING TO PUBLIC EDUCATION. 

except in mattei'S of contract, wliicb shall be taken to the proper court. Basis 
of appeal shall be an affidavit or affidavits of party aggrieved. Interested 
parties shall be notified. A proper hearing shall be given to parties inter- 
ested. In decisions of appeal by superintendent of public instruction and by 
board of county commissioners, the decision or order shall be final unless set 
aside by court of competent jurisdiction. Record shall be made of all appeals. 
In decisions of appeals relative to district boundaries, county auditors shall be 
notified. 

Clerk. — Duties of district clerk: To keep records of board of directors; 
keep accounts of receipts and expenditures of school money; take annual 
census and making reports, and such compensation for other services as 
such ages, and of Indian children under white guardianship or vrho have 
severed tribal relationship; make annual report to county superintendent; 
give notice of meetings and elections ; report to county superintendent name 
of teacher and length of school term ; make fiscal report to county treasurer 
each month. Said clerk shall receive $3 per day for time spent in taking^ 
census and making reports, and such compensation for other services as 
directors may allow. 

See also A (bl), State boards; A (c2). County officers; A (e), School meet- 
ings, elections, etc.; A (f), Administrative units — districts, etc.; B (a), Gen- 
eral State finance and support; B (e), State aid for elementary education; 
O (b), Local bonds and indebtedness; D (a), Buildings and sites, general; 
E (b), Teachers' certificates, general; G (d), Teachers' institutes and summer 
schools; H (e), Consolidation of districts, etc.; H (f). Compulsory attend- 
ance; K (c), Uniformity of textbooks; L (a), Course of study; M (b), 
Kindergartens; U (e), Schools for dependents and delinquents. 

West Virginia: Board of education. — In each district there shall be a board of 
education consisting of a president and two commissioners elected by voters 
thereof; one commissioner shall be elected every even year and president 
every four years. Any member of such board who shall be employed to teach 
in his district shall vacate his office ; vacancies in said board shall be filled by 
county superintendent until next general election ; every member of such board 
shall take oath of office; each such board shall be a body corporate. All 
property belonging to any such board shall be exempt from execution or other 
process and free from lien or distress for taxes or county levies. Property 
of every district shall be inspected at least once each year by president of 
such board, who shall make report of same to board of education ; board of 
education, with consent of county superintendent* shall sell any school prop- 
erty not needed for school puiTposes to highest responsible bidder after due 
notice of such proposed sale has been given. " Duties of doard of education: 
To have general control and supervision of schools and school interests, except 
as otherwise provided ; determine location and number of schools ; establish 
different classes of schools as needed ; determine number and boundaries of 
subdistricts. Any person aggrieved by action of such board relative to change 
of boundaries of or to increasing or diminishing number of subdistricts may, 
by petition signed by five other residents of subdistrict, appeal from decision 
of such board to county superintendent; appeal may be made from decision 
of county superintendent to circuit court of county. Said board shall provide 
suitable schoolhouses, sites, fixtures, and apparatus for accommodation of 
pupils, but all apparatus must be purchased upon approval of county superin- 
tendent. Location and plan of schoolhouses must be submitted to and be 
approved by county superintendent; if board can not agree on such location 



A (d). DISTRICT BOARDS AND OFFICERS. 176 

and plans, county superintendent shall select such location and plans. Said 
board or county superintendent may condemn land for school purposes, same 
not to exceed 2 acres in area. Said board shall cause sufficient number of 
schools to be taught in each subdistrict ; if trustees of such subdistrict fail to 
employ teachers, said board shall, upon complaint of three patrons of said 
subdistrict, employ such teachers. If at end of any month school attendance 
for that month has been less than 35 per cent of whole number of pupils 
enumerated in the subdistrict, board of education may dismiss the teacher 
and discontinue the school, and teacher shall not receive any further pay. 
Boards of education in adjoining districts may jointly provide schools for 
adjoining portions of such districts; costs of such schools shall be equitably 
borne by such districts; title of schoolhouses located in such unions shall be 
vested in board of education in whose district such schoolhouses are located ; 
county lines shall be disregarded in formation of such unions. Persons enter- 
ing into contracts with said board for building or repairing schoolhouses, 
where price exceeds $50, shall execute bond. Any district or independent dis- 
trict may by a majority vote instruct its board of education to levy a tax for 
school purposes ; such tax for the building fund shall not exceed 12^ cents on 
$100 taxable property and for teachers' fund shall not exceed 25 cents on 
$100 of taxable property, but in any district which contains an incorporated 
city or town where a graded or high school is maintained, which is maintained 
longer than six months, an additional levy may be made to conduct schools 
for such term ; if in a city or independent district of less than 10,000 popula- 
tion a high school is maintained, or such high school is maintained in con- 
nection with one or more other districts, board may levy for support of such 
high school 10 cents on each $100 of taxable property; districts and inde- 
pendent districts having outstanding bonds may make levies sufficient to pay 
interest on same and to pay principal of bonds ; if the 25-cent levy for teachers' 
fund shall not be sufficient to pay minimum salaries for term of six months, 
State superintendent of free schools shall deposit with board of education of 
such district a sum from the general school fund to cover such deficiency, 
such sums to be deducted from general fund before per capita apportionment 
is made, total so used not to exceed $75,000 in any one year; if sufficient 
number of teachers at minimum salai-y can not be secured for district receiv- 
ing such aid, said superintendent may raise the salary minimum; if the 
12J-cent levy for building fund of a district or independent district is not 
sufficient for current expenses, exclusive of purchase of land or erection of 
school buildings, State superintendent shall make requisition upon the State 
auditor for a sufficient sum out of general school fund, not to exceed $15,000 
in any one year, for supplementing building fund of such districts. If maxi- 
mum levy hereinbefore named is not sufficient to cover expenditures for cur- 
rent fiscal year in a school district, board of education may levy an additional 
tax, upon majority vote of electors, not to exceed 20 cents on the $100; the 
maximum levy may be voted by the electors for paying interest on and creat- 
ing sinking fund for bonds to be issued hereafter for school purposes; a 
" special debt levy," not to exceed 10 cents on the $100, may be levied by the 
board when " additional levy " can not conveniently be submitted to people to 
pay floating indebtedness. No board of education shall expend or contract 
to expend any money except as authorized by law or which can not be paid 
out of current funds, nor shall such board attempt to levy a tax at a greater 
rate than that specified by law ; violation of any of such provisions shall be 
deemed a misdemeanor, punishable by fine of not more than $500 or confine- 
ment in jail for not more than one year, or both ; board members shall jointly 



176 STATE LAWS RELATING TO PUBLIC EDUCATION. 

and severally be liable for any such indebtedness unlawfully incurred. State 
tax commissioner shall prepare forms and instructions for making up school 
district tax levy statements. Board of education of any district or inde-. 
pendent district may extend term of school beyond six months' minimum or 
shall, upon petition of 50 taxpayers of district, submit question of such exten- 
sion to the voters of the district ; question shall carry by a majority vote of 
electors. Regular meetings of boards of education may be held monthly and 
special meetings as boards may determine. Board members shall receive as 
compensation $2 per day for not exceeding 10 days for each commissioner and 
for not exceeding 15 days for each president in one year, one day of which 
must be spent in attending county teachers' institute. 

Suhdistrict trustees. — Board of education of each district shall appoint 
three trustees for each subdistrict. one each year, to serve three years; two 
trustees shall constitute a quorum ; any trustee may be removed by said 
board for cause; vacancies in office of trusteee shall be filled by said board. 
Trustees shall appoint teachers for their schools, contract to be in writing, 
and teachers to hold valid certificates; no teacher shall be employed until 
he has filed with the trustee a duplicate certificate of his qualifications; no 
trustee shall employ any person as teacher who is related to him by blood 
or marriage; teachers may he removed by board of education for sufiicient 
cause, and shall receive no further salary after such removal ; teachers shall 
not be allowed to teach on Saturdays and holidays ; holidays shall be counted 
as days taught. Trustees shall visit schools within two weeks after opening 
and within two weeks of close, and at other times as they may see fit; they 
shall inspect schools and Investigate affairs of the same; may purchase sup- 
plies for school and shall allow 50 cents per week for sweeping and making 
fires; may allow use of schoolhouse for public meetings, but such use shall 
not interfere with the public schools; shall furnish board of education an 
annual estimate of improvements and repairs needed; shall make annual 
report to said board; shall annually submit account of their necessary 
expenses to secretary of said board, and same shall ,if correct, be paid out 
of building fund; trustees shall be subject to board of education. Pupils 
may, when found more convenient for them, be transferred to another sub- 
district or independent district upon approval of trustees or board of educa- 
tion of district to which transferred; enumeration shall stand as if no 
such transfer had been made ; resident district shall pay to district receiving 
such child proportionate cost of instruction. Upon petition of To per cent of 
voters of a subdistrict board of education may abolish such subdistrict 
and consolidate its schools with schools of one or more other subdistricts 
and provide for transportation of pupils; such transportation shall be n 
charge against district building fund. Persons between ages of 6 and 21 
years, resident in a district, shall be entitled to attend free schools therein ; 
other persons may be admitted to such schools under regulations of trustees 
or board of education upon payment of tuition not to exceed $2.50 per month ; 
tuition fees shall be paid in advance to the sheriff, who shall place same to 
credit of teachers' fund of district. White and colored pupils shall not be 
taught in same school or in same building, but board of education shall pro- 
vide one free school, or more if necessary, in any subdistrict containing 10 
or more colored persons of school age and, if possible, in such district con- 
taining fewer than 10 such pupils; whenever any board of education shall 
fail to so provide for education of colored children, free-school fund of such 
district shall be divided between the two races on the basis of enumeration 
of school children of each race. 



A (d). DISTRICT BOARDS AND OFFICERS. 177 

Superintendent. — Board of education may, and upon application of majority 
of taxpayers of the district shall, provide for district supervision of schools; 
for such purpose board may employ a teacher, holding first-grade certificate, 
who shall devote entire work to supervision and shall have same powers and 
duties as city superintendents ; said board may authorize principal of some 
graded school in district to supervise schools, to give at least half of his time 
to such work ; salary of such supervisor shall be determined by said board ; 
said supervisors shall make reports as may be required by State superintend- 
ent. Board of education may take charge of schools so supervised, appoint 
teachers therefor, and may require all such schools to begin on same date. 

Secretary. — Secretary of each district board shall take oath of office, attend 
meetings of board, and keep records of affairs of board ; shall post in public 
place abstract of proceedings of board and fiscal report of such district. 
Said secretary may administer oaths to teachers and school officers. County 
assessor shall annually certify value of taxable property to secretary of each 
district and aggregate of such property to county superintendent. Secretary 
shall certify levy, as made by district board for building fund and teachers' 
fund, to county superintendent and the proper assessor; said superintendent 
shall certify such levy to clerk of county court and the assessor, and shall 
certify such levy and property valuation of districts to State superintendent 
and State auditor; proper county officer shall prepare tax lists of teachers' 
fund and of building fund of taxes to be levied, and sheriff shall collect and 
account for same. Any officer who violates any provision of this act shall 
be guilty of a misdemeanor, punishable by fine of $20. Said secretary shall 
make annual report to county superintendent. Said secretary shall receive 
as compensation, in districts with less than 15 schools, $20 ; in districts with 
15 and less than 25 schools, $35 ; in districts of more than 25 schools, $50 ; in 
addition to foregoing, $10 for his annual report, to be paid out of district 
building fund. 

See also A (b2). State officers; A (c2). County officers; C (b), Local bonds 
and indebtedness; D (e). United States flag in schools; H (b). School census; 
H (f), Compulsory attendance; H (g), Child labor; J (b). Medical inspec- 
tion; K (b), Free textbooks; M (b). Kindergartens; N (a). High schools; 
S (b), Public-school libraries. 
Wisconsin: Officers of the district shall be a director, treasurer, and clerk, 
elected one each year to serve three years. Whenever a petition signed by at 
least 12 voters of a district in which officers are elected by the people, and 
which contains in whole or in part an incorporated village or city of fourth 
class, is presented to clerk of such district requesting election of school dis- 
trict officers after manner of voting for other officers, such clerk shall give 
due notice of such election ; place of election shall be specified ; voting shall 
be by ballot. The director, treasurer, and clerk shall constitute the district 
board ; any two members may, by serving notice on the other member, call a 
meeting of said board ; board may fill any vacancy in their number. In joint 
district, clerk of town or village m which schoolhouse is located shall fill such 
vacancy; any person when notified of his appointment shall be deemed to 
have accepted the same unless within five days he shall file a written 
refusal. If clerk, director, or treasurer shall be away from district 60 
days his office shall be deemed vacant. When directed by electors, board 
shall purchase or lease school sites, build, hire, or purchase a school- 
house, or sell school property. Said board shall have custody of school 
property ; shall provide at least two separate water-closets for each of school- 
houses of district. School boards may grant use of school property for enter- 
3966°— 15 12 



178 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tainments and nonpartisan gatherings of citizens. Boards of school directors 
in cities of the first, second, or third classes may establish and maintain for 
children and adult persons, on school property, evening schools, vacation 
schools, reading rooms, library stations, debating clubs, gymnasiums, public 
playgrounds, public baths, and similar activities, without charge to residents ; 
may cooperate with commissioners or boards having custody and manage- 
ment of parks, libraries, museums, and public buildings and grounds of what- 
ever sort in carrying on public educational and recreational activities. Upon 
a petition of 10 per cent of electors, question of providing such activities shall 
be submitted at next election of any kind, and, if receiving a majority of votes 
cast, said school board shall provide such activities ; estimates for such pur- 
poses shall be submitted to council of such city and tax levied for same, in 
any one year not to exceed two-tenths of 1 mill on the dollar of taxable prop- 
erty of such city ; such tax, before being levied, must be referred to electors 
for approval. Said school board may expend for such purposes any funds 
turned over to them by council for same. Boards of rural districts maintain- 
ing one or two departments may accept nonresident pupils at tuition rate not 
to exceed $1 per month ; in districts maintaining a State graded school and in 
districts maintaining a free high school, or equivalent, tuition shall not ex- 
ceed $1.75 per month for grades below high school. Such pupils shall not be 
received so as to cause enrollment in any one room to exceed 65 pupils. If a 
school child shall live more than 2 miles from school of his district and 
transportation is not furnished, and school in adjoining district is one-half 
mile or more nearer his home, he may attend nearer school, in which event 
district of his residence shall pay tuition. Board may purchase books for 
keeping record of business, and for certain school equipment, as may be ap- 
proved by State or county superintendent, not to exceed in cost $100 per year, 
and may furnish schoolbooks to indigent pupils. Every school board shall 
purchase a United States flag for eacli school and cause same to be properly 
displayed. If any district shall fail to vote a tax for school purposes, board 
shall cause such tax to be levied. All money received from school-fund income 
shall be used exclusively for teachers' salaries. Board shall contract with law- 
fully qualified teachers. Board may make rules for schools ; may suspend or 
expel pupils for sufficient cause. 

Duties of district director: To countersign all orders legally drawn by clerk 
upon treasurer of district; appear for district in actions brought by and 
against it when no other direction has been lawfully given at district meet- 
ing; cause an action to be prosecuted in name of district on treasurer's bond 
in case of any breach of any condition thereof. 

District treasurer shall file bond in sum of double the amount to be handled 
by him. Duties of treasurer: To receive school funds and pay same out only 
on order of clerk countersigned by director ; keep record of fiscal business of 
district ; present fiscal report to annual meeting ; recover by legal process any 
school funds in hands of town treasurer when such funds are withheld from 
school district. 

Duties of district clerk: To report name and address of officers of district 
to town clerk and to town treasurer, or, if joint district, to clerk and treasurer 
of each town in which district is located ; record proceedings of district meet- 
ings; draw orders on treasurer for lawful debts of district; make record of 
all orders drawn on treasurer; furnish, at expense of district, for use of 
teachers, school registers, which must be returned to him at end of term; 
notify any person of election or appointment to a district office; take and 
report the school caisus for his district at the close of the school year, June 30. 



A (d). DISTEICT BOARDS AND OFFICERS. 179. 

Town clerk's duties as to puWic instruction: To report to county superin- 
tendent his name and address and names and addresses of district clerks; 
record description of school districts ; keep map of town showing boundaries of 
districts; apportion school money. Toicn treasurer's duties: To apply for and 
receive school funds and pay same to district treasurers; pay to district 
'clerks school-district taxes as levied and collected; annually report amount 
of funds to town clerk to be apportioned by said clerk ; annually certify to 
district clerks amounts paid to district treasurers; prosecute action on bond 
of county treasurer in case school funds are not properly paid over. 

Board of school directors in cities of first class of 150,000 population or 
more shall consist of 15 members elected from the city at large, 5 every two 
years, to serve six years. Vacancies in such board shall be filled by remain- 
ing members of board until next election. Candidates for members of said 
board shall be nominated at a primary election. Said board shall hold an- 
nual meetings. Any board meber may appoint a person to act in his place 
during his absence or inability. Majority of such members may dismiss a 
member for cause by a majority vote. A majority of members shall consti- 
tute a quorum. Regular meetings shall be held at least once a month. Board 
shall not incur any expense in excess of school income. Powers of hoard: 
To erect, purchase, hire, or lease buildings, improve or enlarge the same, 
and equip the same ; advertise for bids for expenditures in excess of t$500 ; 
establish and define district boundaries ; appoint janitors ; adopt textbooks, 
not to be changed within period of five years ; regulate system of instruction ; 
make necessary by-laws, rules, and regulations; elect a superintendent of 
schools for term of three years; prescribe course of study; appoint a secre- 
tary of said board, to receive pay as fixed by board. Secretary of board 
shall take census, make list of teachers, and make reports as required. Said 
board may provide for organization and maintenance of high schools. Said 
board shall make annual fiscal report to common council ; shall report amounts 
needed for school purposes. Council may levy a tax on taxable property of 
the city not to exceed 2.7 mills on the dollar for support of schools and three- 
tenths of a mill for upkeep of school property. Such tax shall be in addition 
to the 10-mill tax provided for other city purposes. Said cities may, by 
vote of the people, borrow money and issue bonds for purpose of building 
new schoolhouses. Rate of interest on such bonds shall not exceed 4 per cent 
per year, and bonds shall run for no longer than 20 years. Tax shall be 
levied to pay such interest and to redeem bonds. Bonded school indebtedness 
of such city shall not at any time exceed 1 per cent of total assessed valuation 
of property subject to taxation in sach city. Said board shall be governed 
by school laws of the State except as modified by this act ; shall make annual 
school report to the common council. Board members shall have no financial 
interest in school transactions. Council may make a loan to create an in- . 
surance fund. 

In any city of second, third, or fourth class organized and operating under 
special charter, upon petition of electors thereof equal to 30 per cent of num- 
ber voting for all candidates for State superintendent at preceding election, 
common council shall call election to decide question of electing at large a 
school board of seven members ; question shall carry by majority vote. Such 
board of seven members shall be divided into three groups, one group elected 
each year, to serve three years. 

School board in all cities, except of first class, may elect superintendent of 
schools for term not to exceed three years. Duties of superintendent: 
To examine and license teachers, supervise administration of courses of 



180 STATE LAWS RELATING TO PUBLIC EDUCATION 

Study, have general supervision of professional work of schools, make re- 
ports and recommendations to school board. Said superintendent shall 
not engage in any other business; may be removed from oflBice for cause; 
must have qualifications required of principals of four-year free high 
high schools; shall not be a member of school board, nor act as chairman 
thereof; shall attend annually one convention held for superintendents, ex- 
penses to be allowed by school board. 

Miscellaneous. — ^Any person aggrieved by anything done by any school 
officer or board may appeal to State superintendent, whose decision shall be 
final until reversed. Every district clerk who shall willfully neglect to make 
annual report shall pay to district any loss sustained by such district as 
result of such neglect; every town clerk or county superintendent who shall 
neglect or refuse to make reports as required by law, shall pay loss and in- 
terest thereon resulting from such failure or neglect; every taxable inhabi- 
tant receiving notice, and every chairman of first district meeting who shall 
willfully neglect or refuse to perform duties as required by law, shall, respec- 
tively, forfeit sum of $5; every person elected board member who shall 
neglect or refuse to accept, or to serve after having accepted office, shall for- 
feit $10 ; every district officer who shall neglect or refuse to turn over records 
of office to his successor shall forfeit not exceeding $50. No person con- 
nected officially with public schools shall act as agent or solicitor for sale of 
textbooks or school supplies; violation of this provision is punishable by 
fine of not less than $50 nor more than $200 for each offense. Every dis- 
trict clerk who shall draw an illegal order, and every director who shall 
countersign such order, shall forfeit for each such order not less than $20 
nor more than $100. Each member of any board refusing to carry into effect 
any decision of State superintendent shall forfeit sum of $50; every person 
whose duty it is to recover any forfeiture shall, if he neglects or refuses so 
to do, forfeit $20. Any school district officer may be removed from office 
by the county judge for willful neglect of duty, upon application of majority 
of voters of district or of any person aggrieved by such neglect. Women, 
21 years old, or more, who have resided in any district, town, city, or county 
for one year preceding election, are eligible to offices of director, treasurer, 
and clerk of such district, member of board of education of such city, and 
county superintendent of such county. School boards may employ persons 
to deliver lectures on educational subjects and to provide for further educa- 
tion of adult persons; may purchase books and other things necessary for 
such lectures; no admission fees shall be charged at such lectures; said 
boards may provide appropriation for such lectures. Whenever the town- 
ship system shall be abolished in any town, town board of supervisors shall 
meet for purpose of creating suitable independent districts; no such district 
containing less than 15 children of school age shall be formed. The in- 
spector of rural schools, the inspectors of State graded schools, and the 
inspector of high schools shall also be made inspectors of public-school 
buildings. School boards shall, separately or jointly, provide for physical 
education of pupils. Moral and humane instruction shall be given in all 
public schools. School board of any city having care or custody af school 
funds may invest all or part of same in United States bonds at their 
market value. 

See also A (c2), County officers; A (e). School meetings, elections, etc.; 
A (f). Administrative units— districts, etc.; (B (e). State aid for elementary 
education; C (b), Local bonds and indebtedness; C (c), Local taxation; D (a), 



A (e). SCHOOL MEETINGS^ ELECTIONS, VOTERS. 181 

Buildings and sites, general; E (b), Teachers' certificates, general; F (c). 
Teachers' pensions; H (b). School census; H (e). Consolidation of districts, 
etc.; H (f), Compulsory attendance; K (c), Uniformity of textbooks; N (a). 
High schools; O (a), industrial education, general; O (c), Trade schools; 
S (b), Public-school libraries; T (b), Schools for the deaf. 

Wyoming: District clerk shall draw all drafts and orders on district treasurer, 
and such drafts and orders shall be countersigned by director ; clerk shall 
keep record of proceedings of board and report names of director and treasurer 
immediately after their election ; he shall keep accounts of expenditures ; he 
shall give 10 days' notice of all regular and special meetings. He shall an- 
nually report to county superintendent as follows: (1) Number of days at- 
tended by each pupil and aggregate attendance; (2) number of schools and 
branches taught in each; (3) pupils of each sex in each school; (4) teachers 
employed and salary of each; (5) number of days each was taught; (6) 
average cost per pupil; (7) books used; (8) number of volumes in school 
library; (9) aggregate amount paid teachers and sources from which de- 
rived; (10) number of schoolhouses and the cost of each; (11) amount raised 
in district for school purposes. 

For failure or refusal to turn books and records over to successor district 
clerk may be fined not exceeding $500. 

. District treasurer shall publish report annually; teachers' fund shall be 
kept separate ; schoolhouse fund shall be derived only from taxe^ collected in 
the district and other school moneys shall go to the teachers' fund. 

All custodians of public moneys shall be required to give bond. 

See also A (c2). County officers; A (f), Administrative units — districts, 
etc.; C (b). Local bonds and indebtedness; C (c), Local taxation; D (e), 
United States fiag in schools; F (a), Teachers' contracts, duties, etc.; H (b), 
School census; H (f), Compulsory attendance; H (h), Separation of the 
races; K (b), Free textbooks; M (b), Kindergartens; N (a), High schools; 
O (a), Industrial education, general. 



A (e). School Meetings; Elections; Qualifications of Voters. 

Alabama: See A (d), District boards and officers; C (c). Local taxation. 

Arizona: Annual school elections shall be held in March in each district to 
elect one trustee for a term of three years ; district clerk shall give notice of 
election in at least three public places. Every citizen, male or female, over 
21 years old and who is the parent or guardian of a minor child residing in 
the district or who has paid a tax, exclusive of poll, during preceding year, is 
eligible to election as trustee and shall be entitled to vote at district election. 
A poll and tally list furnished by State superintendent must be kept and re- 
turned to the board of trustees. 

See also A (d). District boards and officers; A (f). Administrative units — 
districts, etc.; N (a), High schools. 

Arkansas: In common-school districts male residents over 21 years old who 
have resided in the district 30 days, the county six months, and the State one 
year, and who have paid their poll tax, shall hold the annual school meeting 
on the third Saturday in May. School meeting may, when five or more elec- 
tors are present, choose a chairman, adjourn from time to time, appoint a 



182 STATE LAWS RELATING TO PUBLIC EDUCATION. 

clerk pro tempore, elect a director for next three years, designate a site for a 
schoolliouse, determine length of time during which school shall be taught 
more than three months, determine amount to be raised by district tax, which 
tax shall not exceed 7 mills on the dollar. In special or single school districts 
two directors shall be elected annually by ballot for a term of three years. 
The returns of the election shall be made to the county clerk, who shall de- 
clare the result of the votes for and against tax and shall certify the same to 
the county court, and rate so certified shall be levied by said court. Judges 
of election shall certify the election of school directors. Rural special school 
districts having the powers of districts in incorporated cities and towns may 
be formed and shall be bodies corporate ; said district, when authorized by a 
majority vote of its electors, may borrow money for a " building fund " and 
vote a tax to pay the same, but this shall not prevent the electors from voting 
for a building tax as now provided by law. County court shall ascertain 
amount of tax voted in any district by taking the highest rate for which a 
majority voted, and shall levy such rate in said district; said taxes shall be 
collected as other taxes and paid into the county treasury to the credit of the 
district. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

California: Election for trustees shall be held at schoolhouse on first Friday 
in April ; number of trustees, three, one elected each year, except where city 
boards are otherwise provided by law; in new districts, trustees shall be 
elected on first Friday in April for one, two, and three years, respectively; 
county superintendent fills vacancies ; trustees shall post notices in three public 
places indicating time of election; trustees shall appoint election officers; 
qualified electors shall be entitled to vote; vote by ballot; no electioneering 
permitted within 100 feet of polls; poll and ttlly list shall be kept and re- 
turned to trustees ; officers of election shall issue certificate of election to per- 
son elected ; certificate and oath of office field with county superintendent. 

See also C (b), Local bonds and indebtedness; N (a). High schools- 
Colorado: School elections shall be held biennially in districts of the first 
class and annually in districts of the second and third classes on the first 
Monday in May; in districts of the first class polls shall be kept open from 
7 a. m. to 7 p. m. and in other districts not less than three hours. Every 
elector qualified to vote at a general election and residing in the district shall 
be qualified to vote, but at elections held for voting on proposition to con- 
tract a debt for buildings or grounds only those who have paid a school tax 
the preceding year shall be entitled to vote. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; S (b). Public-school libraries. 

Connecticut: The presiding officer of any town or school meeting may have 
any disorderly person ejected from the meeting. Women whose names 
appear on the registry list of women voters shall be entitled to vote on 
school questions. Every woman over 21 years old who is a citizen of the 
State, has resided in the State one year and in the town six months, and 
can read the English language shall, when duly registered, be entitled to vote 
on matters relating to public schools and libraries. 

See also A (d), District boards and officers; A (f), Administrative units- 
districts, etc.; S (b), Public-school libraries. 

Delaware: See A (cl). County boards; S (b), Public-school libraries. 



A (e). SCHOOL MEETIKGS, ELECTIONS, VOTERS. 188 

Florida: See A (f), Administrative units — districts, etc.; C (b), Local bonds 

and indebtedness. 
Georgia: See A (cl), County boards. 

Idaho: See A (f), Administrative units— districts, etc.; O (b), Local bonds 
and indebtedness; N (a), High schools. 

Illinois: See A (c2), County officers; A (d), District boards and officers; 
C (b), Local bonds and indebtedness; N (a), High schools; U (e), Schools 
for dependents and delinquents. 

Indiana: The voters of a district shall meet annually in October to elect one 
of their number director of the school; in case of failure to elect, township 
trustee shall appoint said director. All taxpayers, male and female, except 
married women and minors, who are listed as parents, guardians, or heads 
of families, and are attached to the district, shall be entitled to vote at dis- 
trict meetings. Voters at school meetings may hold other meetings on the 
call of the director or five voters. Powers of meeting: To determine what 
branches, in addition to those required by law, shall be taught ; fill vacancies 
in the office of director; direct repairs to schoolhouses ; petition township 
trustees regarding the removal, sale, or erection of a schoolhouse, but said 
trustee may use discretion as to the repair, removal, construction, etc., of a 
schoolhouse. Director shall have charge of school property; he shall visit 
the schools and may, subject to appeal to trustee, exclude a refractory pupil 
therefrom. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc.; B (a). General State finance and support; F (a). Teachers' 
contracts, duties, etc.; S (b), Public-school libraries. 

Iowa: See A (f), Administrative units — districts, etc.; C (b), Local bonds and 
indebtedness; H (e). Consolidation of districts, etc.; K (c), Uniformity of 
textbooks. 

Kansas: See A (f), Administrative units — districts, etc.; C (b), Local bonds 
and indebtedness; K (c). Uniformity of textbooks; N (a), High schools. 

Kentucky: Women possessing " the legal qualifications required of male voters 
in any common-school election who, in addition, are able to read and write " 
shall be qualified to vote for school trustees and school officers and are 
eligible to school offices; when registration of qualified voters is required, 
women who are qualified under this act shall be registered; separate ballots 
containing only the names of school officers or the questions relating to schools 
shaU be furnished women voters. 
See also A (f). Administrative units — districts, etc. 

Louisiana: See B (a), General State finance and support. 

Maine: See A (d). District boards and officers. 

Massachusetts: See A (d), District boards and officers. 

Michigan: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; C (b). Local bonds and indebtedness; D (a). Buildings 
and sites, general; K (c). Uniformity of textbooks; N (a). High schools. 

Minnesota: The annual meeting of all common and independent districts shall 
be held on the third Saturday in July; boards of education or trustees in 
special districts may fix time of their annual meeting ; special meetings may 
be called in any district upon written request of five freeholders who are 
voters therein; county superintendent may call special meetings in districts 



184 STATE LAWS RELATING TO PUBLIC EDUCATION. 

not containing five freeholders; when 21 years old and otherwise qualified, 
women may vote for school officers and members of library boards, and 
shall be eligible to hold any office pertaining to the management of schools 
or libraries. Powers of annual meetings shall be to elect chairman and 
clerk; adjourn from time to time; elect by ballot officers of district; select 
school sites and erect and equip schoolhouses thereon. In addition common- 
school districts may vote maintenance for schools and for all other purposes, 
appoint a librarian, improve school property, and provide free textbooks for 
schools. In any common-school district containing over 300 voters, in coun- 
ties having a population of more than 50,000 and less than 100,000', the school 
board may divide the district for the purpose of voting on matters where 
ballots are to be used. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness. 

Mississippi: See A (d). District boards and officers; (b). Local bonds and 
indebtedness; C (c), Local taxation; H (e), Consolidation of districts, etc. 

Missouri: See A (c2), County officers; A (d), District boards and officers; 
A (f), Administrative units — districts, etc.; C (b). Local bonds and indebted- 
ness; H (c), School year, month, day, etc. ; H (e). Consolidation of districts, 
etc.; K (b). Free textbooks. 

Montana: See A (d). District boards and officers; A (f), Administrative 

units — districts, etc.; C (b). Local bonds and indebtedness; U (e). Schools 
for dependents and delinquents. 

Nebraska: Annual school meeting of each district shall be held in June of 
each year ; officers shall take possession of offices to which elected on second 
Monday of July, and school year shall commence with that day. Special 
meetings may be called by the district board, or any one of them, upon the 
written request of any five voters by giving due notice of the same. Every 
person, male or female, who has resided in district 40 days, is 21 years old, 
and who owns property, assessed in his or her name at last annual assess- 
ment, or who has children of school age, shall be entitled to vote at any 
meeting or school election held in any district, but all voters in cities shall 
comply with registration laws thereof; any person whose vote is challenged 
may be required to take oath of qualification ; false affirmation or false oath 
shall be perjury; in any meeting challenge to viva voce vote may be made; 
voters shall have power to adjourn meetings from time to time, to designate 
a site for a schoolhouse by a vote of two-thirds of those present, and change 
the same by a similar vote at any annual meeting, but where schoolhouse 
is located three-fourths of 1 mile from the -center of such district the school- 
house site may be changed to a point nearer the center of the district by a 
majority vote of those present at any such meeting; in any district contain- 
ing more than 1-50 children of school age, and having board of six trustees, 
schoolhouse site may be changed at any meeting by a two-thirds vote of those 
present. When no site can be established by voters of a district, county 
superintendent shall fix the same, and his decision shall be final except that 
such decision may be changed by county superintendent on a written request 
of two-thirds of the qualified voters of district. Voters at any meeting may 
purchase or lease school sites; build, lease, or purchase schoolhouse; 
determine annuiil school expenditures; and levy tax for same. Trustees 
shall make estimate of all annual expenditures for maintenance prior to 
annual school meeting, but in districts with four or less school children 



A (e). SCHOOL MEETINGS, ELECTIONS, VOTERS. 185 

amount levied shall not exceed $400 in any one year ; and in districts having 
more than 4 but less than 16 school children levy shall not exceed $50 
per child in addition to above; school board shall certify levies to county 
clerk, who shall certify same to county board, same to be collected as other 
taxes, but total school levy shall in no year exceed $3.50 on the $100 of 
taxable property. The clerk of any county, part of which is in a joint dis- 
trict, shall annually certify assessed valuation of such part to clerk of county 
in which is located schoolhouse of said joint district ; county board of county 
containing- schoolhouse of joint district shall annually certify to clerks of 
counties containing parts of said district the tax levy on such parts. Voters 
of district may at any meeting determine the number of mills, not exceeding 
10 mills on the dollar, which shall be expended for constructing or leasing 
schoolhouses, but upon due notice by one-fourth of voters of district a tax 
to create a special fund for the erection of a schoolhouse in said district may 
be submitted to the voters at any school meeting, but such tax shall not 
exceed 10 mills on the dollar above the amount allowed by law for general 
school purposes, and that the total amount voted for the period of years 
shall not exceed 10 per cent of the assessed valuation of the school dis- 
trict; if majority of electors vote in favor of such tax school board shall 
issue warrants as needed, not to exceed 85 per cent of the amount raised 
by the levy, against the fund voted; such funds shall be expended under 
direction, of district, or in absence of such direction, by the board of 
trustees ; any remaining part of such fund may be transferred to any other 
fund of district. The length of school term in any one year shall not be less 
than four months in a district having less than 20 school children, nor less 
than eight months in districts having between 20 and 75 pupils, inclusive, 
nor less than nine months in districts having more than 75 pupils ; but school 
shall be taught in every such district for at least nine months when same 
can be supported by a levy of 15 mills, when supported by apportionment 
from the State school fund, and for at least eight months when the same 
can be supported by a similar levy of 20 mills, supplemented as above. No 
district shall receive any part of State fund unless school shall have been 
taught required time, but in case schools are closed on account of epidemic 
of disease or destruction of schoolhouse the same may draw its share of 
State apportionment; no district shall be deprived of its State apportion- 
ment when said district has raised and expended the maximum tax allowed 
by law and funds so raised are insufficient to maintain school for required 
time. Voters may, by a two-thirds vote, sell school property; may also 
prosecute or defend any proceeding in which the district may be a party. 
Where no levy is voted by district meeting, or where district votes to have 
no school, or where district has made no provision for school, county super- 
intendent shall make estimate of funds needed by such district and deliver 
such estimate to the county clerk, who shall levy necessary tax on such 
district, the same to be collected by the county treasurer. For the purpose 
of assisting those districts unable to provide seven months' school for the 
first eight grades, to maintain schools of such length the State treasurer 
shall pay to said districts requisite sums; but no State aid shall be given 
to any district failing to levy maximum tax and whose accounts have not 
been approved by county superintendent; no district containing less than 
12 sections of land shall receive State aid; any district maintaining more 
than one rural school shall be entitled to State aid, but no district with more 
than one rural school shall receive State aid for any school maintained in 



186 STATE LAWS EELATING TO PUBLIC EDUCATION. 

and for a division of territory less than 12 square miles, and no district 
formed after passage of this act containing less than 20 square miles shall 
receive such aid; State aid shall be applied only in payment of teachers' 
warrants for current year. Where districts of less than 12 sections have 
levied maximum tax State superintendent v^rith consent of county superintend- 
ent may grant State aid to such districts in order to maintain seven months 
or pro rata of school ; if such aid is insufficient it shall be divided pro rata 
among districts needing it ; such aid shall be known as " State aid to weak 
schools." State superintendent may award aid to districts containing less 
- than 12 sections where topographical conditions make consolidation impos- 
sible. The total estimated expenditures necessary to maintain the school 
seven months shall be an amount not in excess of $385. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; O (b), Local bonds and indebtedness; N (a), High schools. 

Nevada: See A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; B (a), General State finance and support; C (b), Local bonds 
and indebtedness. 

New Hampshire: Every district shall hold annual meeting for electing officers 
and transacting other business; special meetings may be called at will of 
board, or by board when petitioned by 10 or more voters, or one-sixth of 
voters of district ; no village district or precinct or school district shall raise 
or appropriate money at any special meeting except by ballot, nor unless 
ballot cast at such election shall equal or exceed one-half the number of 
voters at the regular meeting preceding such special meeting. Voters shall 
be notified by the school board or by justice of the peace of the time and 
place of meetings ; purpose of meeting shall be stated in the warrant therefor 
when requested by 10 or more voters, or by one-sixth of voters of district; 
copies of notification for meetings shall be placed at certain public places. 
Clerk of district shall keep records of all meetings. Any person, male or 
female, qualified in all other respects except sex to vote in town affairs, may 
vote in school meetings if resident therein for three months preceding. In 
districts where 5 per cent of voters so petition, a check list of qualified 
voters shall be used at meetings. Penalty for illegal voting shall be a fine 
not exceeding $30 or imprisonment not exceeding three months. The officers 
of every school district, unless otherwise provided by law, shall be a moder- 
ator, a clerk, a board of three persons, a treasurer, and one or more audi- 
tors; a district maintaining a high school or uniting with another district 
to maintain one may have school board consisting of three, six, or nine mem- 
bers, as it shall determine by vote or by-law. No person shall be eligible 
for school office unless a voter ; no board member shall be treasurer, auditor, 
or teacher; moderator shall be chosen by ballot, by a plurality vote; clerk, 
school board, and treasurer by ballot, by a majority vote; officers shall be 
sworn. Board members elected in rotation annually; term, three years; all 
other officers shall be chosen for one year. Moderator shall have like 
powers and duties as a moderator of a town meeting ; clerk shall keep record 
of all school business, and shall certify names of board members to town 
clerk, failing to do which he shall be fined $20 ; treasurer shall furnish bond, 
keep records of receipts and expenditures, make annual report to district, 
and furnish statements to board when requested to do so; auditors shall 
examine records of treasurer and board and report on same to district. 
Board shall fill vacancies in the board, and all district offices except that of 
moderator, until next annual meeting ; upon failure of board to fill vacancies 



A (e). SCHOOL MEETINGS, ELECTIONS, VOTEKS. 187 

selectmen shall fill such vacancies. At annual meeting district shall fix sal- 
aries of board members and truant officers, and district clerk shall certify 
same to selectmen. Every town clerk shall report names and addresses of 
school board to State superintendent. 

See also C (b), Local bonds and indebtedness; J (b), Medical inspection. 

New Jersey: See A (f), Administrative units — districts, etc.; F (b), Teachers' 
salaries; H (e), Consolidation of districts, etc. 

New Mexico: See A (d), District boards and officers; C (b), Local bonds and 
indebtedness; D (a), Administrative units — districts, etc. 

New York: Whenever any school district shall be formed, or two or more 
common-school districts are consolidated, the district superintendent of schools 
shall appoint time and place for first district meeting and give notice of 
same to an inhabitant of such district, who shall notify other inhabitants of 
district. Clerk of each common-school district shall post notices of annual 
meeting at five conspicuous places in district; clerk of each union free dis- 
trict shall publish notice of such meeting in newspapers, but if .there be no 
newspaper, shall post notice in at least 20 public places. The anual meet- 
ing of each school district shall be held on first Tuesday in May, but in union 
free districts not coterminous with an incorporated city or village and con- 
taining more than 300 children of school age such meeting may, by resolu- 
tion of board of education, be held on first Tuesday in August. Whenever 
time for holding annual meeting shall pass without such meeting a special 
meeting shall be called by the trustees or clerk of district for transacting 
business of annual meeting; if trustees or clerk shall fail to call such meet- 
ing the district superintendent of supervisory district or commissioner of 
education may order some inhabitant of district to give notice of such special 
meeting. Special meetings may be called in common-school districts by trus- 
tees, but due notice of time and purposes of such meetings shall be given ; 
special meetings may be called in union free districts by boards of education 
for purposes authorized by law ; the district superintendent may, if there be 
no clerk or trustees in district, call special meetings. Any inhabitant who 
shall neglect or refuse to serve notice of meeting when directed so to do shall 
forfeit $5 to the district. It shall be the duty of qualified voters to attend 
district meetings. A person shall be eligible to vote at district meetings 
if (1) a citizen of United States, (2) 21 years old, (3) a resident of district 
for 30 days, and possessing in addition one of following four qualifications — 
(a) owns or hires real property taxable for school purposes, (&) is parent of 
child who has attended school for at least eight weeks during year preceding, 
(c) has residing with him a child of school age as in "(6)," (d) owns per- 
sonal property $50 in excess of exemptions allowed on last preceding assess- 
ment roll ; no person shall be denied right to vote at any such meeting by reason 
of sex. Any person who shall willfully misrepresent himself as a voter at any 
school meeting, after being challenged, shall be deemed guilty of a misde- 
meanor ; any person not qualified who shall vote at any school meeting shall 
forfeit $10 to common schools of the town. Legal voters at district meetings 
may by a majority vote appoint a chairman; appoint clerk pro tempore if 
necessary; adjourn from time to time; elect trustees, clerk, collector, and 
treasurer; fix bonds of collector andt reasurer; designate sites for school 
purposes ; vote taxes for school purposes ; authorize trustees to insure school 
property; vote taxes to replace school moneys lost or embezzled; vote taxes 
to satisfy judgments against district ; provide transportation of pupils trans- 



188 STATE LAWS RELATING TO PUBLIC EDUCATION. 

ferred to schools of another district or city and pay for same out of district 
quota. In all propositions arising at district meetings involving expenditure 
of money or levying of taxes, vote thereon shall be by ballot or by ayes and 
noes properly recorded. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; D (a). Buildings and sites, general; K (b), Free textbooks; 
O (a), Industrial education, general; S (b). Public-school libraries. 

North Carolina: See C (a), Local finance and support, general; C (c), Local 
taxation; O (b). Agricultural schools. 

North Dakota: See A (d). District boards and officers; A (f). Administrative 
units — districts, etc.; C (b) Local bonds and indebtedness; D (a), Buildings 
and sites, general. 

Ohio: Elections for school-board members shall be held in November in odd- 
numbered years ; clerk of each board shall give due notice of school elections ; 
persons qualified to vote in other elections shall be entitled to vote in school 
elections; every woman over 21 years old, possessing residence requirements, 
shall be entitled to vote and to be voted for for membership on board of 
education and upon no other question. Nominations of candidates for board 
members shall be made by nominating papers signed in the aggregate for 
each candidate by not less than 25 qualified electors of the district, of either 
sex, in village and city districts by not less than 2 per cent of the electors 
voting at next preceding school election in such districts ; names of candidates 
shall be published. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Oklahoma: See A (f), Administrative units — districts, etc.; O (c), Local 
taxation; H (e). Consolidation of districts, etc. 

Oregon: The legal voters of each school district shall meet once every year 
and may hold special meetings; calls for meetings shall state objects and be 
signed by president of board and by clerk or by a majority of members of 
board; director vrho has served longest shall be chairman of meeting. An- 
nual meeting shall be held on the third Monday in June. In districts of the 
first class one director shall be elected each year ; term, five years. In other 
districts one director shall be elected each year for a term of three years. 
District meeting may levy a tax and make appropriations for school purposes, 
but no tax shall be levied at a special meeting unless the call for such meeting 
shall have so stated. Qualifications of school voters: May be either male or 
female, must be over 21 years old, must have resided in the district 30 days 
or longer, and must be a taxpayer in the district; but for the purposes of 
this act any man who has resided in the State six months and has declared 
his intention of becoming a citizen of the United States may vote ; in a third- 
class district the head of a family who is otherwise a qualfied voter and has 
children of school age may vote. Districts of the first class may be sub- 
divided into voting wards. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; C (b). Local bonds and indebtedness; K (b), Free textbooks; 
N (a). High schools. 

Pennsylvania: See A (d). District boards and officers; A (f). Administrative 
units — districts, etc. 

Rhode Island: See A (f). Administrative units — districts, etc. 



A (e). SCHOOL MEETINGS, ELECTIONS, VOTEKS. 189 

South Carolina: See A (d), District boards and oflacers; C (b), Local bonds 
and indebtedness; N (a), High schools. 

South Dakota: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; C (b), Local bonds and indebtedness; L (1), Manual 
and industrial education; N (a), High schools; S (b), Public-school li- 
braries. 

Tennessee: See A (cl), County boards; A (d), District boards and officers. 

Texas: See A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness; C (c), Local taxation. 

Utah: See A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness; N (a), High schools. 

Vermont: See A (f), Administrative units — districts, etc. 

Virginia: See A (bl), State boards; A (f), Administrative units — districts, 
etc.; B (a). General State finance and support; C (b), Local bonds and In- 
debtedness; H (f), Compulsory attendance. 

Washington: Election of district directors shall be held, except as otherwise 
provided, on first Saturday in March of each year ; special elections shall be 
called and conducted in same manner as annual elections. District clerk shall 
give due notice of elections. Voting shall be by ballot. Every person, male or 
female, over 21 years old, who shall have resided in school district for 30 days 
immediately preceding election and in State for one year, and is otherwise, 
except as to sex, qualified to vote at any general election, shall be a legal voter 
at any school election ; registration for school elections shall not be required 
except in districts of first class. Persons having highest number of votes 
given for each office shall be declared elected, and clerk of election shall de- 
liver to each person so elected a certificate of election. Board of directors 
may, at its discretion, and shall upon petition of majority of legal voters of 
district, call special meetings for transaction of certain district business. 
Regular district election in each district of first class shall be held upon first 
Saturday of December of each year. Directors shall give due notice of such 
election. All elections shall be by official ballot. Voters must register. Board 
of directors shall canvass returns. 

See also A (d), District boards and officers; C (b). Local bonds and indebt- 
edness; N (a). High schools. 

West Virginia: All special school elections shall conform as nearly as practi- 
cable to law as to general elections. 

See also A (d). District boards and officers; C (b). Local bonds and indebt- 
edness; N (a). High schools. 

Wisconsin: The annual district meeting in all school districts not containing 
in whole or in part an incorporated city or village shall be held on first Mon- 
day in June, unless that be a holiday, in which case held on following day; 
district board shall, prior to district meeting, prepare a report to submit to 
meeting ; clerk shall give notice of district meeting. Special meetings shall be 
called by the clerk or other proper officer on written request of five legal 
voters of district to transact business, except election of officers and voting a 
tax to compensate clerk, but no more than one meeting to consider same sub- 
ject shall be held in any one year ; no tax or loan debt shall be voted at any 
special meeting unless three-fourths of voters have been notified, as required 
by law. Every resident elector of district may vote at any meeting if such 



190 STATE LAWS RELATING TO PUBLIC EDUCATION. 

elector has resided in district 30 days preceding any meeting. Every woman 
who is a citizen of the State, 21 years old or upward (except paupers, persons 
under guardianship, and persons otherwise barred by constitutional provi- 
sion), who has resided in State one year and in election district 10 days next 
preceding school election, may vote at such election; separate ballot boxes 
shall be provided at all elections for use of women desiring to vote on school 
matters. Powers of voters at the annual school meeting: To appoint officers 
of the meeting ; adjourn from time to time ; choose a director, treasurer, and 
clerk ; designate site for schoolhouse ; vote tax for purchasing or leasing site, 
to build, hire, or purchase a schoolhouse and repair same, purchase supplies 
and equip schoolhouses ; vote tax for payment of teachers' wages ; authorize 
sale of school property no longer needed ; levy tax to pay fee to bonding com- 
pany for indemnifying district against loss; levy tax to discharge indebted- 
ness; vote annual tax not exceeding $75 for purchase of maps, blackboards, 
and apparatus; vote a tax not exceeding $100 annually for district library, 
except that district containing less than 200 school children shall vote not 
more than $50 for such purpose, and no district containing less than 250 popu- 
lation shall levy in any year a tax of more than $500 for any purposes except 
for school sites, schoolhouses, repairs, fuel, and appendages ; authorize district 
board to borrow money as provided by law ; authorize board to admit persons 
to school over 21 years old, and to admit nonresidents; authorize board to 
purchase textbooks for schools ; determine length of school term, which shall 
be not less than eight months ; provide for prosecution or defense of action in 
which district is a party ; vote tax to compensate treasurer and director ; alter 
or modify proceedings as occasion may require. Electors may at any meeting 
authorize board to suspend school and pay tuition of such pupils at other 
schools; may authorize board to arrange for transportation of pupils. No 
contract or agreement shall be made under this act that shall bind any district 
for more than three years. The total amount of school-district tax levied in 
any year in any district for building, hiring, or purchasing any school build- 
ing, and for maintenance of schools, including teachers' salaries and inci- 
dental expenses, shall not exceed 2 per cent of total assessed valuation of tax- 
able property in such district. In any district under supervision of county 
superintendent in which a high school or a graded school having more than 
two departments is maintained, annual meeting may levy tax for support of 
kindergartens for children between ages of 4 and 6 years. Board of education 
of any city of third or fourth class shall annually certify estimate of cost of 
kindergartens to city council. Every school district shall at time of annual 
meeting appoint three competent residents, who are voters, to audit accounts 
of such district. When a one-room school shall enroll and have in attendance 
therein for a period of more than 20 days of any one school term 65 or more 
pupils, district shall provide for an additional room and an additional teacher 
for such school ; any district failing so to do shall forfeit its share of public 
money coming from the seven-tenths mill tax. 

See also A (cl), County boards; A (d). District boards and officers; A (f). 
Administrative units — districts, etc.; B (e). State aid for elementary educa- 
tion; C (b), Local bonds and indebtedness; H (e). Consolidation of districts, 
etc.; N (a). High schools; 0(c), Trade schools. 

Wyoming: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; C (b). Local bonds and indebtedness; C (c), Local taxa- 
tion; N (a), High schools. 



A (f). ADMINISTRATIVE UNITS I DISTRICTS, ETC. 191 

A (f). Administrative units — Districts, Townships, Municipalities, etc.; 
Formation; Division; Consolidation. 

See also H (e), Consolidation of districts. 

Alabama: School districts. — County board of education may change bounda- 
ries of districts or create new districts upon application and after giving due 
notice of a hearing to be held ; person or persons making application must pay 
cost of publication of notice ; after such change in boundaries is made county 
superintendent shall file with judge of probate description of new boundaries 
created; each incorporated city or town shall be a separate district; change 
of county lines shall not affect district boundaries; county superintendents 
shall pay over funds due districts to district treasurer. 

Townships. — Township lines are abolished for school purposes, but the 
inhabitants of no township shall be deprived of the proceeds of sixteenth-sec- 
tion lands. Townships are incorporated by the name of "Township (No.), of 
range (No.)." 

Cities and toirnis. — Cities and towns shall have power to establish, main- 
tain, and regulate public schools. Board of education in cities of 6,000 popu- 
lation and over : Five members elected by city council ; ^ term, five years, one 
retiring each year; board shall elect a president and a vice president; a 
clerk, not member of the board, shall be elected ; school property shall be held 
for the public schools and no sale shall be made except by council ; board may 
purchase furniture, apparatus, supplies, etc., and expend money for repairs, 
etc.; board may erect buildings when sites are provided by council; school 
board shall estimate amount of money needed for schools and city council 
shall appropriate from general city funds amount deemed proper ; such appro- 
priation, with State fund, poll taxes, proceeds of sale of property and bonds, 
shall be held by city treasurer as school fund; warrents against school fund 
shall be drawn by the clerk and countersigned by the president of the board 
and the city clerk ; board shall order warrants by resolution. Powers of 
Tioard: To have full control of schools; establish, discontinue, or consolidate 
schools ; prescribe courses of study ; employ and dismiss superintendent, 
teachers, and other employees, and fix salaries; expel disobedient pupils. 
Board shall cause teachers to be examined and shall grant certificates ; grant 
diplomas to graduates of high schools; visit schools as often as once a 
month; enforce rules and regulations; inquire into performance of duties by 
teachers and superintendent; report annually to city council. Board shall 
employ a superintendent and fix his term and salary; superintendent shall 
give bond; he may be elected celrk of board; clerk shall keep accounts of 
moneys received and expended; superintendent shall see to taking of school 
census. School boards in cities and towns of 1,000 to 6,000 population, five 
members ; elected every two years by city council ; shall serve without com- 
pensation; one member shall be elected president and one secretary; board 
shall have same authority as boards in cities of 6,000 population or more. 

School boards in towns of less than 1,000 population : Five members elected 
by qualified voters ; have same authority as city boards. 

City districts shall receive their proportion of State funds; paid by State 
superintendent to city superintendent and by him to city treasurer. The 
provisions of this chapter shall not apply to cities and towns in counties 
having a combined city and county school system, but any city may issue 
bonds for the purchase of sites and erection of schoolhouses ; city council 

1 Appointed by commissioners in cities under commission form of government. 



192 STATE LAWS EELATING TO PUBLIC EDUCATION. 

shall by ordinance provide for the issuance of bonds ; ^ proceeds shall be turned 
over to school board and shall be administered under its direction. Cities 
and towns may establish libraries either separately or in connection with 
public schools. 

See also A (cl), County boards; A (d), District boards and officers; B (e), 
State aid for elementary education. 

Arizona: On petition of parents or guardians of 10 children of school age, 
residents of the proposed district, a new school district may be formed; on 
petition of 15 per cent of parents or guardians in a district having 250 school- 
census children or more, a new district may be formed from part of old dis- 
trict. County superintendent shall annually file with board of supervisors, a 
description of boundaries of districts; when 10 or more qualified school 
electors, resident of a district, petition county superintendent for a change of 
district boundaries, such superintendent shall notify board of supervisors, 
whose decision in the matter shall be final; on petition of a majority of the 
electors residing in a subdivision of a city or town, which subdivision lies 
outside of the school district including such city or town, said subdivision shall 
be annexed to said district. When 15 per cent of the electors of each of two 
or more districts petition county superintendent for the consolidation of said 
districts, said superintendent shall call an election in said districts, and a 
majority vote in each district shall determine; if vote carries, county super- 
intendent shall call an election to elect three trustees ; term of trustees, three 
years, one being elected each year. All property and funds of constituent 
districts shall accrue to new district, and indebtedness shall devolve upon 
new district. No new district formed by subdivision of an old one shall be 
entitled to any share of the moneys belonging to old district until a school 
has actually been commenced in such new district ; unless school is started in 
new district within six months after issuance of order creating such district 
said order shall be of no effect. 
See also N (a), High schools. 

Arkansas: Common-school districts. — Each school district shall be a body cor- 
porate. The county court may form a new district on petition of a majority 
of the electors of the districts affected, but no new districts shall have fewer 
than 35 children of school age, and no old district shall be left with fewer 
than 35. Indebtedness or surplus funds of an old district shall be divided pro- 
portionately between old and new districts. 

School directors of two or more districts may, and on petition of 10 per 
cent of the qualified voters shall, submit to the qualified voters the question 
of consolidating said districts ; majority of voters of district shall determine, 
Board of directors of consolidated district shall consist of six members, 
elected by the qualified voters; term, three years, two being elected each 
year. Powers of directors: To purchase or lease school sites; provide school- 
houses, furniture, and apparatus; make necessary improvements; insure 
school property; hire necessary teachers, officers, and other employees; pro- 
vide sufficient graded-school accommodations ; determine branches to be 
taught and textbooks to be used ; admit pupils from other districts ; procure 
for pupils living in the district the privilege of attending school in another 
district and pay the charges therefor; examine county treasurer's accounts 
with the district ; appoint a committee of three to visit schools ; sell any prop- 
erty belonging to the consolidated district or to a district merged into the 
consolidated district. Title to property of constituent districts shall vest in 

1 Under constitution the issuance of bonds must be authorized by popular vote.* 



A (f). ADMINISTEATIVE UNITS: DISTBICTS, ETC. 193 

the consolidated district, wliich shall be a body corporate ; consolidated dis- 
trict shall pay the debts of constituent districts. Board of directors may, 
when authorized by a majority vote of the electors of the district, contract 
indebtedness for a "building fund" and levy tax voted by electors to pay 
said indebtedness. Funds to the credit of constituent districts shall be trans- 
ferred to consolidated district, and indebtedness of constituent districts shall 
be charged to consolidated district. Board may provide" transiwrtation for 
pupils. When a majority of the electors of any number of contiguous dis- 
tricts situated in two or more adjoining counties petition the county courts 
of said counties for the formation of a common-school district, a consolidated 
district, or a special or single school district, said courts shall order an elec- 
tion to determine the question; a majority vote in each district shall carry 
the election, but any district voting against the proposition shall not be in- 
cluded in the new district; in the formation of such new district no district 
Shall be reduced to fewer than 35 persons of school age. Boards of directors 
shall be elected according as the new district is a common school, consoli- 
dated, or special or single school district. For administration purposes the 
new district shall be considered a part of the county from which the greater 
portion was taken. The amount and kind of tax voted in said district shall 
be reported to the county clerk of each county in which any part of said dis- 
trict is located, in order that said tax may be levied and collected in each 
county. School property situated in new district shall vest in said new dis- 
trict. On petition of a majority of the electors of any school district such dis- 
trict may be dissolved by the county court. 

Common-school districts shall each have a board of three directors, elected 
for a term of three years, one each year. Common-school districts shall have 
no authority to borrow money nor to maintain a school of higher grade than the 
common-school course. An annual school meeting is held each year on the third 
Saturday in May, and the electors of the common-school district decide by 
vote all questions relating to change of school site, new school buildings, or 
the purchase or sale of school sites. 

Special school districts shall each have a board of six school directors, elected 
for a term of three years, two elected each year. Special district may be 
formed in towns and cities by a petition of 20 electors to the mayor, who shall 
call a special election for the formation of a special school district. Special 
school districts may be formed in any territory not in a town or city by 
petition to the county judge who is authorized to call election for the forma- 
tion of said special district. The board of six directors in special school dis- 
tricts have full charge of the school affairs ; may buy or sell school property, 
mortgage the same, or issue bonds for the purpose of erecting a new school 
building; may designate the branches to be taught, including high-school 
subjects. 

Cities and towns. — ^Any incorporated city or town and the territory an- 
nexed thereto for school purposes may be organized into a single school dis- 
trict. On petition of 20 or more voters of such city or town, the mayor 
shall call an election to determine question of organizing a single district and 
to elet six school directors; majority vote shall determine. Annually on 
the third Saturday in May thereafter an election shall be held to elect two 
directors, who shall hold office for three years. At such annual election elec- 
tors shall vote "for tax" or "against tax" and indicate the rate. The re- 
turns of the election shall be certified to the county clerk, who shall deliver a 
certificate of election to directors elected. Said clerk shall also certify to 
county court the tax voted. Board shall fill a vacancy in its membership 

3966°— 15 13 



194 STATE LAWS EELATING TO PUBLIC EDUCATION. 

until next annual election. Poicers of board: To provide sites and buildings 
and furnish the same; improve grounds, provide necessary conveniences, and 
have property insured; hire teachers and employ a superintendent; provide 
books and apparatus for the school, books and stationery for the board, and 
registers and blanks for teachers; establish a sufficient number of primary, 
graded, and high schools ; determine branches to be taught and textbooks to 
be used; admit nonresident pupils on terms to be agreed upon; appoint a 
board of three examiners to examine applicants to teach in the schools of the 
district, but said applicants must hold State or county certificates ; examine 
books of the county treasurer in so far as they relate to the funds of the dis- 
trict ; sell or exchange real and personal property. It shall be the duty of the 
board to order warrants drawn on the county treasurer, and the president 
and the secretary shall sign the same. The secretary shall keep records, 
make reports, enumerate children of school age, and perform such other duties 
as the board may direct. A school district organized under this act shall be 
a body corporate. Said districts shall be entitled to their proportion of the 
general school fund. The people in territory outside of an incorporated city 
or town may organize under the provisions of the act relating to cities and 
towns, except that a map showing boundaries of proposed district shall ac- 
company petition, and the county judge shall perform the duties imposed upon 
the mayor by this act. Special free-school districts may borrow money and 
issue evidence of indebtedness for the purpose of providing sites and buildings. 
See also A (c2), County officers; A (e). School meetings, elections, etc. 

California: School districts. — Every district shall be designated by name of 
district and county; trustees may sue and be sued and hold and convey 
property. Every city or incorporated town, except those of sixth class, 
shall be a separate school district governed by a board of education or board 
of trustees ; when city or town is incorporated, county supervisors may annex 
for school purposes part or all of school district from which such city or town 
was organized, on petition of a majority of the heads of families residing 
therein; additional territory may be annexed on similar petition; such an- 
nexed territory shall be a part of such city or town for school purposes, for 
the levy and collection of school taxes, the issuance of school bonds, etc.; 
school board in such district, if it be also a high-school district and have an 
average elementary-school attendance of 800 or more, may employ a clerk at 
not exceeding $25 per month. New district may be formed only between 
October 1 and February 10; formed on petition, to county superintendent, of 
parents of at least 15 children 5 to 17 years old residing 2 miles or more 
from school ; requirement that petitioners reside 2 miles or more from school 
may be dispensed with if parents of 50 or more children 5 to 17 years old 
and residing in district having 200 or more in average attendance petition. 
Except when corrected by county supervisors, district boundaries shall be 
changed only between October 1 and February 10, and on petition of 10 
heads of families in district affected; two or more elementary districts may 
be united at any time on petition of a majority of heads of families in each 
district affected. Joint districts (partly in one county and partly in another) 
may be formed similarly to other new districts; petition required to super- 
intendent of each county affected. Children in newly formed district may 
attend old school until following July. Where district is united with an- 
other, funds shall be transferred on requisition of county superintendent. 
Upon receipt of a petition, county superintendent shall publish notice of 
proposed change of boundaries and transmit petition with recommendation to 



A (f). ADMINISTEATIVE UNITS: DISTRICTS, ETC. 195 

board of supervisors, who shall act on petition. A district divided by a new 
county line shall become a joint district. Board of supervisors may, upon 
petition and after notice given by clerk, change the name of a district ; after 
new district is ordered, school must be opened on or before the second Mon- 
day in September. County superintendent shall apportion to joint districts 
their proportion of school funds, based on average attendance; teacher in 
such district shall report to both county superintendents ; textbooks used 
and rules governing school shall be those of the county in which schoolhouse 
is located; district trustees shall report to both county superintendents. A 
district, a portion of which is embraced in a city of 3,500 population or more, 
which may under the constitution frame its own charter, may by affirmative 
vote of the people be subject to control of such charter. Consolidations of 
school districts heretofore purporting to be city districts are ratified. 

Union districts. — Formation of union districts: Election called by county 
superintendent on petition of a majority of the heads of families in two or 
more contiguous districts desired to be united; result of election shall be re- 
ported to county superintendent within five days. If a majority of voters 
in each district favor union, county superintendent shall direct district trus- 
tees to call meeting of voters to elect representatives, one from each district ; 
such representatives and county superintendent shall select a site or, failing 
to agree, shall call a meeting to determine upon a site or sites for union 
school or schools ; a plurality vote determines location. Union school district 
not all in the same county shall be a joint union district; formed similarly 
to union districts, except that county superintendent of each county affected 
takes part. Union of districts shall not take place before July 1 ; property 
of original districts may be disposed of by new board of trustees; original 
trustees become representatives of new joint union districts; representatives 
of union or joint union districts shall serve as trustees until their successors 
are chosen and qualified. Number of trustees, three, one elected each year in 
unions composed of three or more districts; c(<unty superintendent shall fill 
vacancy until next annual election. In unions composed of two districts, old 
trustees remain. Buildings may be leased for three years or may be erected 
by taxation or the issuance of bonds. No change of location of schoolhouse 
shall be made except on petition to county superintendent of two-thirds of 
heads of families in district Powers and duties of trustees shall be such as 
now provided by law for school trustees, except as otherwise provided in this 
section; meetings shall be held as fixed by regulation of board, but at least 
as often as once in three months; course of study and textbooks shall be as 
fixed by proper authority; trustees may contract for transi:)ortation of such 
pupils as seem to need it ; trustees may unite with other districts in employ- 
ing a supervising principal. On July 1 after formation of union, county super- 
intended shall transfer funds due original districts to union district. A dis- 
trict may be admitted to a union or joint union on petition to board of super- 
visors of a majority of the heads of families of such district and by agree- 
ment between trustees of districts concerned; a part of a district may be 
similarly admitted ; a district may withdraw from a union in a similar man- 
ner. A union or joint union may be dissolved after three years on petition 
to county superintendent and after determination at an election called by 
him ; if question carries by two-thirds majority, county supervisors shall dis- 
solve district. If average attendance of a component district falls below five 
for a year, county supervisors shall lapse or suspend such component district. 

See also C (b), Local bonds and indebtedness. 



196 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Colorado: Eacli regularly organized school district shall constitute a body 
corporate. On petition of parents of at least 10 children of school age resid- 
ing within territory belonging to one or more old districts, the county super- 
intendent shall call a meeting of the qualified electors in said territory for 
the purpose of organizing a new district ; a majority of the qualified electors 
in unorganized territory may organize a district without such petition. At 
the meeting called by county superintendent a two-thirds majority shall be 
necessary to effect organization; no district shall be divided unless it con- 
tains more than 9 square miles or has an assessed valuation of more than 
$20,000 and 40 persons of school age, nor shall a district be divided if by 
doing so the remainder of the district shall be found to contain less than 20 
persons of school age ; no city or town shall be divided and no district of the 
first class shall be divided except by a majority vote of the qualified electors 
thereof. Two or more contiguous districts may be united by a majority vote 
of the qualified electors of each, but when one or more of such districts shall 
have contracted bonded indebtedness said district alone shall be responsible 
therefor. On petition of a majority of the electors resident therein a portion 
of unorganized territory may be attached to a district by county superin- 
tendent; in like manner a portion may be detached from one district and 
annexed to another. Joint districts composed of parts of two or more 
counties may be formed on petition to county superintendents of each county 
affected. When a new district is formed its organization shall be void if 
school is not begun within six months, unless time is extended to eight 
months by county superintendnt. When a district fails to maintain school 
and keep up its organization for one year, county superintendent may anniTl 
such district and annex it to one or more adjoining districts. The school 
boards of two or more adjoining districts may, and on petition of one-fourth 
of the qualified electors thereof must, submit to voters the question of form- 
ing a consolidated school district; majority vote shall determine. Such dis- 
trict shall have three directors, viz, a president, a secretary, and a treasurer ; 
term, three years, one being elected each year. Board shall provide a site 
and building ; they shall provide a graded course of study and may include a 
high-school course of not less than two years; they may provide transporta- 
tion for pupils residing more than 1 mile from the schoolhouse. Any school 
district may exercise the right of eminent domain in taking property for 
school site, but amount thus taken shall not exceed three acres in a district 
of the first class or one acre in other districts. 

See also A (c2). County officers; A (d), District boards and officers; N (a), 
High schools. 

Connecticut: Town management of schools-. — Every town shall after July 15, 
1909, assume and maintain the control of all the public schools within its 
limits. All business concerning the public schools shall be transacted in town 
meetings; the annual town meeting shall be the annual district meeting. At 
its annual meeting every town which has a board of school visitors shall 
elect 3, 6, 9, or 12 residents as a school committee; term, three years, one- 
third being elected each year; but if meeting shall decide upon only three 
members they shall all be elected annually. Said committee may fill vacancies 
in its membership until the next annual meeting. After the election of such 
school committee no more school visitors shall be elected and no more district 
committees, except in districts organized under special acts and in districts 
which retain their organization as hereinafter provided. Any town may at 
any time vote to make the number of its school committee either 3, 6, 9, or 12, 
and elect members accordingly, but in any town constituting a consolidated 



A (f). ADMINISTEATIVE UNITS: DISTRICTS, ETC. 197 

district the committee shall remain the same and be elected in the same man- 
ner. Said committee shall in general have all the powers and duties of dis- 
trict committees and boards of school visitors, except when inconsistent with 
this act. They shall maintain schools of the different grades at such places 
and times as they may deem best and as shall give all the children as nearly 
equal advantages as practicable; shall have charge of schools heretofore 
organized; shall appoint a chairman and secretary; shall appoint one or 
more acting visitors or superintendent; shall have the care and management 
of school property ; shall determine conditions of admission to schools ; shall 
employ requisite qualified teachers, but shall make no contract for longer 
than one year; shall assign pupils to schools and make provision for every 
child of school age to attend during "the period required by law ; may provide 
transportation when the same seems reasonable; may arrange with an ad- 
joining town for the instruction of their pupils within such town ; shall make 
financial report to the annual town meeting and also a report of their doings 
and the condition of the schools. Town clerk and treasurer shall be clerk and 
treasurer of the schools. All property heretofore vested in the school dis- 
tricts shall hereafter be vested in the town. All obligations against districts 
shall remain in force against the town, except as hereinafter provided. In 
fixing tax rate to pay indebtedness of districts towns shall allow for property 
owned by each district and levy tax accordingly in said district. In the case 
of any school district the fractional parts of which belong to different towns 
the selectmen of such towns may by agreement appraise the property of said 
district and apportion the property and debts of said district between the 
towns ; when selectmen shall fail to agree, either town or any taxpayer of the 
district may apply to any judge of the superior court, who may appoint a 
committee to finally decide the matter. The provisions of this act shall not 
apply to any town which has within its limits any city, borough, or district 
organized under special act of the legislature, unless said town shall vote to 
abolish all districts. 

School districts. — Each town may form, unite, alter, and dissolve school 
districts and parts of districts within its limits; two or more towns may 
form districts of adjoining portions of their territory ; when a district is com- 
posed of parts of two or more towns, either of said towns may withdraw 
its part and unite it with an adjoining district in said town. Every school 
district shall be a body corporate. Poivers: To build, purchase, hire, and 
repair schoolhouses and equip and provide supplies for the same; establish 
schools of different grades; purchase school apparatus; establish and main- 
tain a school library ; employ teachers, except for such time as the town may 
direct the school visitors to employ them; pay the wages of teachers; levy 
taxes and borrow money for the foregoing purposes; make regulations not 
inconsistent with the regulations of the town. The selectmen of the town 
shall settle boundary lines of districts. When it is proposed to form, alter, 
unite, or dissolve any district or districts, notice of the proposition shall be 
given before the town is called upon to vote upon the same; any district 
aggrieved by the action or neglect of the town on the proposition may appeal 
to the superior court of the county, and boundaries fixed by said court shall 
remain, unless the town shall thereafter abolish all districts within its limits. 
A consolidated district shall own all the school property of the districts con- 
solidated; when a district is divided property shall be divided in proportion 
to the number of persons between 4 and 16 years old in the new districts; 
if after division districts can not agree upon a division of property or 
debts either may make complaint to the superior court and said court shall 



198 STATE LAWS RELATING TO PUBLIC EDUCATION. 

make division as it may think proper. The schools of every district formed 
from parts of two or more towns shall be under the direction of the town in 
which the schoolhouse is located, unless the towns shall otherwise agree. 
When a district composed of parts of two or more towns shall become indebted 
by judgment the school committee or, if there be no committee, the selectmen 
of the town in which the schoolhouse is located, shall levy a tax in said dis- 
trict to pay such indebtedness. Every school district shall hold an annual 
meeting in June for the election of officers and for other business and shall 
hold special meetings when duly called. Notice of the time, place, and 
object of every district meeting shall be given at least five days before said 
meeting. The legal voters of a district shall be the legal voters of the 
town who have resided in the district for four months or longer. Whenever 
one-third of the legal voters present at a meeting shall request that the 
vote on any question be taken by ballot the chairman shall cause vote to be 
so taken. Upon the written request of 20 or more legal voters setting forth 
a resolution to be voted on the school committee shall call a special meeting 
of the district to vote by ballot upon said resolution. Each school district 
shall, unless otherwise provided by law, choose by ballot at the annual meet- 
ing a committee of not more than three persons, a clerk, a treasurer, and a 
collector, who shall hold their offices for a term of one year. Any district 
having 200 or more children between 4 and 16 years old may at any annual 
meeting elect a school committee of three members; term after first election, 
three years, one being elected each year ; a vacancy in such committee shall 
be filled by remaining members until next annual meeting. Clerk of district 
shall forward list of members elected to secretary of the school visitors of 
the town. Should a district meeting fail to elect all or any of its officers, or 
should a vacancy occur, except in districts having over 200 children between 
4 and 16 years old, the school visitors of the town shall make necessary 
appointment or fill vacancy. District may require treasurer and collector to 
give bonds. In case any district shall refuse or neglect to employ a teacher 
and keep open a school the school visitors of the town may do so. No dis- 
trict shall be entitled to receive any money from the State or town unless 
it has a schoolhouse and outbuildings satisfactory to the board of school 
visitors. No district schoolhouse shall be built except according to a plan 
approved by the board of school visitors and by the building committee of 
the district, nor at an expense exceeding the sum which the district may 
appropriate. Any school district, by a two-thirds vote of those present and 
voting, may fix or change the site of a schoolhouse ; if a two-thirds vote can 
not be obtained the school visitors of an adjoining town may, when requested, 
fix such site. Persons not residing in a district may attend the schools therein 
with the consent of the committee of the district and the school visitors of 
the town. Any district may, by a two-thirds vote, allow 4ts schoolhouse, when 
not in use for school purposes, to be used for other purposes. Any school 
district may take land for a school site or an addition thereto by condemnation 
proceedings before the superior court or a judge thereof ; ecclesiastical prop- 
erty and land used for burial purposes may not be so taken. 

School districts. — All debts or obligations of any school society heretofore 
existing which pertain to schools shall remain in force against the town or 
towns in which such society was situated; records of school societies shall 
be deposited and forever kept with the records of the towns in which such 
societies were situated. Property heretofore held for school purposes by 
school societies shall vest in the towns in which such societies were situated ; 
permanent funds of such societies shall be held in trust by said towns for 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 199 

the territory embraced by tlie society. School societies organized under the 
act of 1855, which are not coextensive with the towns in which they are 
situated, shall be and remain school districts of the town. Such districts 
shall choose boards of education 'of six or nine members; term, three years, 
one-third of number being elected each year. Said board shall have all the 
powers and duties of district committees and shall also have the general 
superintendence of the schools and the management of school property. 
Said board shall lodge all securities with the district treasurer, unless the 
same shall have been intrusted to others by the grantor or by the general 
assembly ; pay into the district treasury all moneys received for the support 
of the schools ; determine the number and qualifications of teachers to be 
employed ; ascertain the expense of maintaining their schools during the pre- 
ceding year and report the same to a meeting of the voters in September; 
perform all lawful acts necessary to carry out the powers and duties con- 
ferred upon them. Special laws relating to particular societies or districts 
shall not be affected by this section. Said boards shall be possessed of all 
the powers and duties of school visitors in towns; shall report annually to 
the secretary of the State board of education and send their returns and 
certificates to the comptroller ; may appoint an acting school visitor for their 
district, and the authority of the school visitors of the town shall not ex- 
tend to said district. Said district shall receive its proportion of the State 
funds. 

Consolidation of districts. — Any town may abolish all the school districts 
and parts of districts within its limits and assume control of the public 
schools therein, subject to the requirements and restrictions of the law. 
Whenever a vote shall be taken in reference to abolishing school districts 
or to reestablishing districts once consolidated, the same shall be by ballot 
at the annual town meeting and after due notice has been given ; after town 
has voted to abolish districts a vote to reestablish the same may not be 
taken within five years. The selectmen of the town voting to consolidate 
shall determine the number of which the town school committee shall con- 
sist, which shall be either 3, 6, 9, or 12; every such town shall, at a special 
meeting called for the purpose, elect the school committee as determined by 
the selectmen ; term of members, three years, one-third being elected at each 
annual election. If the number of members of the committee is three, they 
shall be elected annually, unless the town shall vote to elect biennially. 
All business relating to the schools in such towns shall be transacted at town 
meetings ; the town school committee shall have the powers and duties of 
high-school committees, district committees, and boards of school visitors. 
Duties: To see that public schools of the different grades are maintained for 
the time required by law ; manage school property ; examine, employ and 
dismiss teachers; lodge all securities with the town treasurer, unless the 
same shall have been intrusted to others by the grantor or by the legisla- 
ture; pay the town treasurer all money received; determine conditions of 
admission to the schools; designate school to be attended by each child, and 
they may arrange for children to attend in an adjacent town or district; 
fill vacancies in their own number until the next town meeting; ascertain 
annually the expense of running the schools and report the same to the town 
meeting ; perform all lawful acts required by the town or necessary to carry 
out the provisions of the law. Such towns shall assume the property and 
be responsible for the debts of the districts within their respective limits. 
When such town contains part of a district lying in two or more towns, the 
selectmen of the towns interested shall meet and apportion the property of 



200 STATE LAWS EELATING TO PUBLIC EDUCATION. 

said district among its several parts, and on the failure of said selectmen to 
agree, the same shall be determined by a judge of the superior court. In case 
any district in a town in which the districts have been consolidated had a 
permanent fund, said fund, shall be kept by the school-fund treasurer and 
the town school committee shall apply the same for the benefit of the school 
or schools within or nearest to the limits of the said former district. Every 
such town shall be entitled to receive from the State for school libraries 
a sum not exceeding the aggregate amount which the former districts of the 
town might have received. When any part of a district lying in two or more 
towns shall be abolished, the selectmen of the town in which said part is 
located shall notify the selectmen of other town or towns interested. Any 
abolished district may settle or close up its affairs ; if any such district shall 
have become indebted, the selectmen of the town shall, on request of said 
district, pay the same and charge the amount to the district, to be repaid by 
taxation in said district; selectmen shall collect all claims in favor of said 
district and give it credit for the same. When any town has voted to re- 
establish its school districts, each of said districts shall pay the town for Im- 
provements which the town has made on schoolhouse, furniture, etc. ; when 
such payment is made, town shall make good to the district school property 
and local funds formerly belonging to the district. When any town abandons 
the system of consolidated district, the school committee of said town shall 
remain the board of school visitors during the remainder of their terms. 
Towns shall have the same powers as districts in the taking of property for 
school purposes. 

See also A (d), District boards and officers; B (a), General State finance 
and support; B (c). Permanent State school funds; G (b), State normal 
schools; G (c), County and local normal schools; N (a), High schools; S 
(b), Public-school libraries; U (e), Schools for dependents and delinquents. 

Delaware: The State board of education shall select graded schools in each 
county which children in districts not having graded schools may attend, and 
such graded schools shall then be free to all children of school age of the 
county or to such parts of the county as may be designated by the State 
board; no graded-school district shall be compelled to admit pupils to a de- 
partment w^hen said department is already full. County school commissioners 
may determine any dispute arising under this act. Not more than 250 pupils 
shall be admitted under this act to the graded schools of any one county. 
Graded schools shall be entitled to 20. cents a day for each child admitted 
under this act, and such amount shall be paid from the State treasury. Noth- 
ing in this act shall prevent the board of education of the city of Wilmington 
from refusing to receive nonresident pupils. 

See also A (b2), State officers; A (cl). County boards; S (b). Public-school 
libraries. 

Florida: Each county shall constitute a school unit; all subdivisions for 
school purposes shall be designated school districts ; districts levying a school 
tax shall be special-tax school districts. On petition of one-fourth of the resi- 
dent tax-paying voters of any city, incorporated town, community, or other 
subdivision of the county, the county board of education shall order an elec- 
tion to be held therein to determine whether such subdivision shall become a 
special-tax district. Said election shall determine (1) whether a tax shall 
be levied, (2) who shall be trustees, (3) how many mills shall be levied; 
majority vote shall determine, except that the three persons receiving the 
highest number of votes shall be trustees. County board of education may 



A (f). ADMINISTRATIVE UNITS I DISTRICTS, ETC. 201 

change boundaries designated in petition, but may not include territory not 
included in tbe petition. All resident qualified voters who pay taxes shall 
be entitled to vote at said election. Elections shall be held biennially in 
special-tax districts to choose trustees for ensuing two years and to fix num- 
ber of mills to be levied. School supervisor shall be superseded by trustees, 
whose powers shall be those of supervision and not of control. Any trutee 
may for neglect of duty be removed by county board of education; said 
county board shall fill vacancy in the ofiice of district trustee. County board 
shall have control of special-tax district as other districts, except that teach- 
ers shall be chosen on nomination of district trustees ; but if the second nom- 
ination be rejected by county board, said board may proceed on its own mo- 
tion to select a teacher for said district ; trustees shall have the further right 
to say what proportion of the funds raised in the district shall be used for 
buildings, for teachers' salaries, etc. ; trustees shall annually before June 1 
make an estimate of money needed to supplement funds received from county, 
including therein the millage levied in the district, and shall file copy of such 
estimate with county commissioners, with State comptroller, and with county 
board of education, but where there are no railroads or telegraph lines in such 
district no copy need be filed with State comptroller. County assessor shall 
assess and collector shall collect taxes in said district for the benefit of the 
schools thereof; State comptroller shall collect taxes on railroads and tele- 
graph lines for benefit of school districts. County board of education shall 
add amount of district funds set apart for teachers' salaries to amount re- 
ceived from State and county, and shall then determine amount to be paid 
teachers and length of term. The amount of district funds set apart for teach- 
ers' salaries shall not be subject to requisition by trustees for any other pur- 
pose; amounts set apart for other purposes shall be paid out on warrants of 
the county board. District trustees shall be a body corporate and may hold 
property and perform other corporate functions, but may not incur indebt- 
edness without consent of county board. Pupils residing outside of any 
special-tax district may attend school therein with the consent of trustees 
and county board, if pro rata share of cost is paid. Any special-tax district 
may be abolished or the limits thereof extended or contracted by a majority 
vote at an election called for that purpose by county board, but a district 
having outstanding indebtedness may not be abolished until the payment of 
such indebtedness is provided for. 

Georgia: The county board of education of each county shall lay off the 
county into school districts and define the boundaries thereof, but no district 
shall contain less than 16 square miles, unless natural barriers make neces- 
sary a smaller district, and no territory shall be included whose residents 
are more than 3 miles from school without written petition of the qualified 
electors therein. In counties having incorporated towns levying a local school 
tax and operating their own school system under special charter or act, 
county board may, with the consent of the municipal authorities of such 
towns, add territory thereto for school purposes, but districts thus created 
shall remain under control of the school board of the town. Within 90 days 
after county is so laid off, county board shall order an election of trustees 
in each district; term of trustees, three years, one being elected each year; 
in incorporated towns five trustees may be elected; term, three years, one 
or two being elected each year. Each trustee must have approval of county 
board; after such approval board shall meet and elect one of its members 
president and one secretary and treasurer. County board may for cause re- 
move a trustee on complaint of a majority of voters of district and cause 



202 STATE LAWS RELATING TO PUBLIC EDUCATIOIir. 

another trustee to be elected. Upon petition of one-fourth of the qualified 
voters of any county the ordinary thereof shall order an election on question 
of levying a county school tax ; if two-thirds of those voting favor " local 
tax for public schools" the tax shall be levied as recommended by county 
board of education but not to exceed 5 mills on the dollar ; if an incorporated 
town levying a special tax is included in such county, it shall not be subject 
to the provisions relating to county school tax without the consent of the 
municipal authorities of said town. Upon petition of one-fourth of the quali- 
fied voters of a school district the ordinary of the county shall order an elec- 
tion in such district on question of levying a special tax therein ; two-thirds 
of qualified electors voting shall be necessary to carry said election ; board of 
of district trustees shall determine amount of local tax to be raised, but not 
exceeding 5 mills on the dollar. In special-tax districts trustees shall make 
rules and regulations governing the schools and shall provide schoolhouses 
subject to approval of county board of education; they may fix salaries of 
teachers and. tuition rates of nonresident pupils; they shall receive funds 
apportioned to district by county board of education. District secretary and 
treasurer may be allowed a commission of not exceeding 2^ per cent of local 
tax collected. Trustees shall make to county board a quarterly statement 
of receipts and expenditures and shall also report school population and 
other statistics to said board. No election on question of local taxation 
(county or district) shall be held oftener than once a year, but where county 
election fails, district election may be held sooner. An election for repealing 
local tax may be called in same manner as for establishing the same and 
two-thirds vote shall be required to effect repeal. 

Any city or town may, under authority of the legislature, organize a sys- 
tem of schools independent of the county system. 

By concurrent consent and action county boards of education of two or 
more adjoining counties may lay off a school district to be composed of parts 
of said two or more coimties; such district shall be under supervision of 
county board of county in which schoolhouse is located. 

See also A (cl), County boards. 

Idaho: School districts. — Each regularly organized school district shall be a 
body corporate; board of county commissioners may on petition create a 
new district or change boundaries; a new district may be created out of 
unorganized territory or by division of one district on petition of parents 
or guardians of 10 or more children; in all other cases, except the union of 
districts, petition shall be signed by two-thirds of heads of families; two or 
more contiguous districts may be consolidated on petition of a majority of 
heads of families, in each such district. In consolidated districts boards 
of trustees may pay from public funds for transportation of pupils. Plans 
for consolidation of districts shall be submitted to State board of education for 
approval. No district of less than 9 square miles shall be divided except on 
approval of county superintendent and unanimous vote of county commis- 
sioners; no district containing fewer than 15 persons of school age shall be 
divided; no incorporated city or town district shall be divided. County 
superintendent may permit pupil living too far from school in home district 
to attend in another district, and home district shall transfer pupil's share of 
apportionment. County superintendent shall give notice of proposed change 
in a district, stating when commissioners will hear the matter. Joint dis- 
tricts composed of parts of two or more counties may be formed by pro- 
ceedings had in each county affected similar to those had for other districts. 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 203 

A joint high-school district may be similarly formed. County superintendent 
shall apportion to each new district its just proportion of school fund. A 
district shall lapse if for a year it fails to maintain school four months or 
if it has an average attendance of less than five for three months. 

Independent districts. — District having taxable property of $150,000 or 
more may be organized as independent district ; on petition of one-fifth of 
voters school board shall, if a greater number of voters do not object, order 
an election to determine question of organizing independent district; majority 
vote determines, and board shall order district if majority favors; division 
of an independent district may be accomplished similarly by a majority 
vote; voters shall be heads of families and resident taxpayers; when new 
district is created taxable property of not less than $150,000 shall remain in 
old district ; no incorporated city or town shall be divided ; no district hav- 
ing bonded indebtedness shall be divided ; branch schools may be established. 
Independent district is a body corporate. Board of trustees shall consist of 
six members; county commissioners shall appoint first board, two of whose 
terms shall expire each year for three years ; thereafter two members elected 
each year by qualified voters ; majority of board shall fill a vacancy for unex- 
pired term. No trustee shall have pecuniary interest in any contract of the 
board. Trustees shall fix pay of clerk, but no other school officer shall receive 
compensation ; regular meetings of trustees shall be held monthly and special 
meetings may be called. Powers and duties: To make by-laws for their own 
government and government of the schools ; employ or discharge teachers and 
other employees ; fix nonresident tuition fees ; levy a special tax to supplement 
money apportioned by county superintendent for running schools nine months 
in the year, the total of said tax not to exceed 10 mills, except when 4 addi- 
tional mills may be levied for transportation of pupils; provide furniture, 
apparatus, etc. ; provide and insure schoolhouses and acquire sites ; expel 
unruly pupils from school and exclude children under 6 years old ; determine 
number and qualifications of teachers and whether school shall run longer 
than nine months, length of school day, etc. ; require pupils to be provided 
with proper books, etc. ; exclude sectarian books from schools and school 
libraries; protect morals and health of pupils; provide playgrounds and 
gymnasiums, issue bonds for same, and levy tax, which, taken with all others, 
shall not exceed 20 mills. When a district employs 20 or more teachers it 
shall be an independent district of class A. Board of such district shall 
have additional powers: To adopt a course of study other than State 
course; adopt textbooks and make contracts with publishers; employ a 
superintendent for a term not exceeding three years. Board of trustees may 
issue coupon bonds for paying outstanding bonded indebtedness; interest at 
not exceeding 6 per cent; term of bonds, 10 to 20 years; must not be sold 
below par. Board of trustees may by two-thirds vote call an election to 
determine question of issuing bonds for schoolhouses, etc. ; majority of two- 
thirds of electors necessary to carry ; amount of bonds shall not exceed 5 per 
cent of property value. Board of trustees shall levy a tax suflScient to pay 
interest and create a sinking fund to pay bonds within 20 years. 

See also A (c2), County officers ;.N (a), High schools. 

Illinois: If any city, village, or incorporated town be annexed to another city, 
village, or incorporated town, the school property and liability for indebted- 
ness of any school district or township so annexed shall both pass to the city, 
village, or incorporated town to which such territory is annexed. If a part of 
such city, village, or incorporated town be so annexed, the indebtedness of the 
dismembered school district or township shall be divided between the remain- 



204 STATE LAWS RELATING TO PUBLIC EDUCATION". 

ing dismembered part and the corporation to wtiich the otlier part is annexed 
in proportion to the taxable property of the two dismembered parts; school 
property situated in the part annexed shall accrue to the city, Tillage, or town 
to which annexed, but the remaining dismembered part shall be entitled to 
pay for its pro rata share. 

See also A (c2), County officers; A (d). District boards and officers; C (b), 
Local bonds and indebtedness; F (c), Teachers' pensions; N (a). High 
schools; U (e), Schools for dependents and delinquents. 

Indiana: The government of the common schools in any city of over 100,000 
inhabitants shall be vested in a board of five school commissioners; said 
commissioners shall be over 25 years old, residents of the city for at least 
three years past, and shall not be interested in any contract with or claim 
against the school city; they shall be elected by vote on separate ballot at 
the regular city election on the second Tuesday in October of odd-numbered 
years; term, four years, two or three as the case requires being elected 
every two years ; election from the city at large ; before being placed on 
ballot candidate shall be nominated by not fewer than 300 householders. 
Commissioners shall elect one of their number president and one vice presi- 
dent; city treasurer shall be treasurer of the board. Board shall hold one 
regular meeting each month and may hold special meetings. It shall divide 
all employees into classes and shall fix the same salary for all persons of 
the same class. Board may determine number of assistant superintendents, 
supervisors, teachers, and other employees and prescribe their duties and fix 
their compensation ; it shall prescribe rules for the control and maintenance of 
the public library. In 1913 and every four years thereafter the commission- 
ers shall elect a superintendent of schools, a business director, a secretary, a 
librarian, and a superintendent of buildings and grounds, who may be re- 
moved by a vote of three members. The business director shall execute 
the contracts of the board and otherwise be its business executive officer. 
The superintendent may appoint all principals, supervisors, assistants, and 
teachers authorized by the board, and board shall approve such appointments 
unless four members disagree. He may be required by the board to attend 
its meetings; he shall select and report to the board textbooks and appa- 
ratus to be used in all schools except high, normal, and manual-training 
schools ; he shall report textbooks and apparatus to be used in high, normal, 
and manual-training schools when the same have been adopted by the com- 
mittee prescribed by law. The librarian shall have charge of all libraries 
under the board and shall appoint the employees thereof. The secretary 
shall keep all records, documents, and proceedings of the board. The super- 
intendent of buildings shall have charge of the heating, ventilating, plumbing, 
and drainage of all school, library, and other buildings used or owned 
by the board and shall appoint all janitors, engineers, or other employees 
about buildings. Employees other than those appointed by the superin- 
tendent of schools, librarian, and superintendent of buildings shall be ai>- 
pointed by the business director. All appointments or discharges of em- 
ployees shall be reported to board, and each discharge must have approval 
of a majority of board. The city comptroller shall be auditor of the board 
and shall draw the warrants thereof when ordered. Officers hereinbefore 
named shall report to board annually and oftener if directed. Mayor shall 
annually appoint one or more expert accountants to examine all school 
accounts. All contracts for over $200 shall be executed in writing by the 
director and approved by the board; purchase of supplies or materials 
amounting to over $200 shall be upon bids duly advertised for and accepted ; 



A (f). ADMIXISTEATIVE UNITS I DISTRICTS, ETC. 205 

improvement of a sclioolliouse shall be upon bids advertised and accepted 
when the cost of the same exceeds $500. The board may issue bonds for not 
to exceed $800,000 to pay outstanding indebtedness at the time of the pas- 
sage of this act; said bonds shall be sold at or above par, shall bear not 
exceeding 4 per cent Interest, and shall run for not exceeding 30 years from 
January 1, 1902. Board may levy annually, in addition to other taxes 
authorized by law, a special tax of 5 cents on each $100 for the purchase of 
sites and the erection and improvement of buildings ; in addition to all other 
taxes authorized by law and in addition to its special fund, the board may 
levy a tax of 27 cents on each $100 for paying interest and retiring out- 
standing indebtedness, but the total levies for all purposes shall not exceed 
67 cents on each $100 of taxable property. The general school laws, when 
not inconsistent with this act, shall apply to the school system of said city. 
Board may issue bonds to provide sites and schoolhouses, said bonds not to 
bear exceeding 4 per cent, to be sold at or above par, and to mature as 
nearly as possible $50,000 each year beginning 32 years after ; but amount of 
bonds issued in any year shall not exceed amount of bonded indebtedness 
retired in said year. Board may acquire real estate by condemnation pro- 
ceedings. Board shall levy a tax as a part of the maximum levy allowed by 
law to raise amount sufficient to pay the principal of indebtedness required 
by law to be paid in any year. Board may establish a system of industrial 
and manual training, and may levy a tax of not exceeding 5 cents on each 
$100 of taxable property to maintain the same. School taxes permitted by 
law in said city: (1) not exceeding 4 cents on each $100 of taxable property 
for maintenance of libraries in connection with the public schools ( " library 
fund") ; <2) not exceeding 5 cents on each $100 for maintenance of manual 
training or vocational instruction ("manual-training fund"); (3) not 
exceeding 1 cent for maintenance of kindergartens ("kindergarten fund") ; 

(4) not exceeding 5 cents to be known as the "building and grounds fund"; 

(5) not exceeding 1 cent to be paid to "teachers' pension fund," (6) not 
exceeding 51 cents to be known as the " special fund " for the payment of 
general expenses. If levy of 5 cents known as " building and grounds fund " 
is insufficient to provide necessary buildings and grounds, board may issue 
bonds not to exceed $75,000 in amount in any one year. Board may con- 
tract with any well-equipped art association located in said city for the 
admission of teachers and pupils to instruction in fine and applied arts and 
may pay not exceeding $10,000 annually for such instruction. Board shall 
have all the powers of school boards under general laws and in addition 
thereto may establish and maintain public libraries and branches and own 
real estate therefor, provide for the examination of all persons applying for 
positions as teachers and certificate those qualified; acquire grounds and 
erect buildings for schools, libraries, and school administration purposes; 
employ superintendents, librarians, teachers, and other employees and dis- 
burse all school funds of said city ; maintain night schools and admit thereto 
adults and children over 14 years old. Board shall appoint one or more 
physicians to make medical inspection of all persons attending or employed 
in or about all public, private, and parochial schools; visiting nurses may 
be employed; for the puiTpose of medical inspection a tax of one-half cent 
on each $100 of taxable property may be levied. Whenever the school board 
of any city having over 200,000 inhabitants shall acquire by gift or dona- 
tions school property used for an industrial or trade school, said board shall 
maintain and operate said school and may levy a tax therefor of not exceed- 
ing 8 cents on each $100 of taxable property. The school corporation in 



206 STATE LAWS RELATING TO PUBLIC EDUCATION. 

any city of over 100,000 inhabitants may issue bonds for building and equip- 
ping libraries; aggregate amount of bonds sball not exceed $500,000, shall 
not bear exceeding 4J per cent interest, and shall not run exceeding 40 years. 

The school authorities of any school corporation mlj transfer a pupil to 
another school corporation when such pupil may be better accommodated 
therein and when requested to do so by person in charge of such pupil ; each 
pupil is entitled to a four-years' course in a commissioned high school and 
such high-school accommodation shall be avoided by transfer if necessary; 
corporation in which child resides shall pay tuition of transferred child, but 
not to exceed the per capita cost in said school or schools which transfers 
such child. On matters of transfers appeal may be taken to county superin- 
tendent, whose decision is final. Any child placed by proper legal authority 
in a custodial institution or orphans' home shall be entitled to instruction in 
the school or schools of the corporation in which said institution is located 
and the corporation from which said child came shall pay the tuition of said 
child, but such tuition shall not exceed $1.50 per month; this section shall 
not apply to children maintained in any institution not supported out of the 
State treasury. 

See also A (b2). State officers; D (a), Buildings and sites, general; H (e), 
Consolidation of districts, etc.; L (j), Agriculture; N (a), High schools; 
O (a). Industrial education, general. 

Iowa: When a new civil township is formed, the same shall constitute a school 
township. When by reason of natural obstacles any portion of the inhabi- 
tants of a school corporation can not with reasonable facility attend school in 
their own corporation, the county superintendent shall attach the part thus 
affected to an adjoining school corporation, if board of such adjoining cor- 
poration consents. Territory set off to an adjoining township or independent 
district may be restored to the corporation to which it formerly belonged by 
agreement of the boards of the corporations affected ; said territory shall be 
so restored on application of two-thirds of the electors residing therein. By 
the concurrent action of the directors of contiguous corporations the boundary 
lines between the same may be changed, but no remaining cori}oration shall 
contain less than four sections of land; in like manner two corporations 
shall be united. When the boundary line between a school township and an 
independent city or town district is not also the line between the civil town- 
ships, said line may be changed by the concurrence of the boards of directors, 
but no 40-acre tract of land shall be divided ; the boundaries of a school town- 
ship or independent district may in like manner be extended to the limits of 
the civil township. On petition of 10 voters of any city, town, or village 
having 100 or more inhabitants, directors of- corporation containing largest 
number -of voters of said city, town, or village shall lay off the same as an 
independent district, and when petitioned by a majority of the voters of con- 
tiguous territory, said territory may be added ; directors shall call an election 
to vote for or against proposed district, and voters residing in contiguous 
territory may vote separately. 

Each school district shall be a body corporate. School corporations shall 
be " school townships " composed of subdistricts ; " independent school dis- 
trict " of city, town, or village ; " independent consolidated districts " ; "rural 
independent school district." Each corporation shall be controlled by a board 
of directors; term, three years in independent districts and one year in sub- 
districts of townships. An annual meeting of the voters of each corporation 
shall be held in March ; secretary of the board shall give notice of said meet- 
ing, specifying the number of directors to be elected and other business to be 



A (f). ADMINISTRATIVE UNITS: DISTRICTS^ ETC. 207 

transacted. Voters must be those qualified to vote at a general election, but 
on question of issuing bonds or increasing tax rate women may vote ; a school 
officer or member of the board may be of either sex. The voters at an annual 
meeting may (1) direct a change of textbooks; (2) dispose of school prop- 
erty; (3) determine added branches that shall be taught; (4) determine 
whether schoolhouses may be used for meetings of public interest; (5) direct 
the transfer of surplus in schoolhouse fund to teachers' or contingent fund; 
(6) authorize board to obtain roads for proper access to schoolhouses; (7) 
vote a tax of not exceeding 10 mills on the dollar for buildings, school libraries, 
and opening roads to schoolhouses. The directors may, and on the request of 
five voters of any rural independent district, or 10 voters of any school town- 
ship, or 25 voters of any city or town independent district having 5,000 popu- 
lation or less, or 50 voters of any city or town Independent district having 
more than 5,000 population, shall provide in the notice for annual meeting 
for the submission of any question thereto. Voters at annual meeting may 
also vote on question of uniformity of textbooks ; authorize the board to pur- 
chase textbooks to be loaned to pupils ; authorize the board to issue school build- 
ing bonds. Board may call a special meeting of the voters. Meetings in sub- 
districts shall not be held before 9 a. m. and shall not adjourn before 12 m. 
The board of directors of a school township shall consist of one member from 
each subdistrict, but where there is an even number of subdistricts an addi- 
tional member shall be elected at large ; when township is not divided into 
subdistricts, a board of three shall be elected at large. A subdistrict meeting 
may vote a schoolhouse tax in excess of that voted by the township, but total 
amount of such tax levied shall not exceed 15 mills on the dollar. In any 
independent district being a city of the first class, the board shall consist of 
seven members ; term, three years, two or three as the case requires being 
elected every year. In all other independent city, town, or village districts, 
and in all rural independent districts heretofore having six members, the board 
shall consist of five members; term, three years, two or one being elected 
each year. In all independent city, town, or village districts heretofore hav- 
ing three members, the board shall consist of five members. In all other rural 
independent districts the board shall consist of three members. In independ- 
ent city or town districts, candidates for school offices shall be nominated by 
petition of at least 10 qualified electors and election shall be nonpartisan. 

See also D (a), Buildings and sites, general; H (e), Consolidation of dis- 
tricts, etc. 

Kansas: School districts. — Each school district shall be a body corporate. 
Superintendents of counties in which territory lies may form joint districts 
of territory lying in two or more contiguous counties on application of five 
householders residing therein; such superintendents acting jointly may fix 
the boundaries of such district or may alter boundaries, but appeal may be 
taken to State superintendent on alteration of boundaries ; superintendent in 
county having lai^est portion of territory of joint district shall have super- 
vision and control of such district. Annual district meetings shall be held 
on the second Friday in April of each year; special meetings may be called 
by district board or on petition by 10 qualified voters; clerk shall give 10 
days' notice of every annual or special meeting; both male and female per- 
sons over the age of 21 years shall be entitled to vote. Powers of district 
meeting: To elect chairman; adjourn from time to time; choose a director, 
clerk, and treasurer; designate site for schoolhouse; vote tax levy not ex- 
ceeding the limit to conduct schools, purchase sites, build schoolhouses, make 
repairs, etc. ; authorize sale of property ; give direction to prosecution or 



208 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

defense of suits at law. Qualified voters may levy a tax of not exceeding 4^ 
mills; higher levy may be made by three-fourths majority of those voting. 
School district shall maintain school for a term of not less than seven 
months ; in cities of first and second classes term shall ihot be less than eight 
months. When funds of district are insufficient to run schools for seven 
months, State shall pay three-fourths of difference between all available 
funds of district and amount necessary to run schools seven months, and 
remaining one-fourth of such difference shall be a charge against the county, 
but no aid shall be given a district until such district shall have raised an 
amount representing 4J mills on the dollar of property valuation; county 
superintendents shall report to county commissioners and to State superin- 
tendent amounts due each district under this act ; estimated annual expendi- 
tures of district receiving such aid shall not exceed $450 ; upon the failure 
of any district to provide a seven months' term as required in this act county 
superintendent shall make necessary tax levy and take other steps to provide 
a seven months' term. Ko new district shall be formed with property valua- 
tion of less than $100,000, and no territory shall be detached when old dis- 
trict would be left with valuation less than $100,000. District having a 
school population of fewer than 15 shall receive no aid under this act unless 
such district shall embrace 12 square miles or more ; when school population of 
district having less than 12 square miles falls below 15 no school shall be 
maintained therein unless such district can run school for seven months 
-without State or county aid ; school board of district where school is discon- 
tinued shall send pupils to school in adjoining district and shall furnish 
transportation for those residing 2 miles or more from school; when dis- 
trict has levied 4i mills and still has insufficient funds to pay tuition and 
transportation of pupils it sh^ll be entitled to State and county aid not to 
exceed $75 ; a district having less than 12 square miles and a school popula- 
tion of fewer than 15, and maintaining school for not less than seven months, 
may receive not exceeding $50 State and county aid. In any district when 
number of pupils and distance of same from school warrants discontinu- 
ance of school, district may, with consent of county superintendent, vote 
to discontinue school and send pupils elsew^here, but district shall not pay 
exceeding $45 per month for expenses and tuition of all pupils so sent; 
school meeting may vote to send any part of its pupils elsewhere and pay 
not exceeding $4 per month each for tuition and expenses; children of 
property owner in an adjoining district may attend school in such adjoin- 
ing district without extra expense or tuition when such school is more 
convenient. Where pupils reside 2 or 3 miles from school, school board 
may, and where distance is greater than 3 miles such board shall, 
allow parent or guardian not to exceed 15 cents a day for not exceeding 
100 days in a year as compensation for conveying such pupils to and from 
school. District board may provide transportation for any pupil residing 
2^ miles or more from school. Two-thirds vote necessary to change school- 
house site when value of house is $400 or more; when value is less than 
$400 majority vote is sufficient. School district or board of education of any 
city of the second class shall have right of eminent domain and may take 
property for school sites; original selection for school site may be as much 
as 11 acres; 2 acres of school lands may be purchased at $2 per acre for 
school site. When all the territory of a school district is annexed to a city 
of first or second class, school property of said district shall be transferred 
to board of education of said city. When a portion of a district is annexed 
to a city of the first or second class, amount due district board or city board 



A (f). ADMINISTKATIVE UNITS: DISTRICTS, ETC. 209 

of education as case may be shall be apportioned by county superintendent ; 
district board or city board receiving tbe school property shall assume the 
bonded indebtedness of the district. 

District schools. — In every district school there shall be taught spelling, 
reading, writing, English grammar, geography, arithmetic, physiology and 
hygiene, United States history, Kansas history, and such other branches as 
may be determined by district board. State board of education shall prepare 
a course of study for grades below high school; governor shall appoint four 
persons (two county superintendents and two other competent persons) to 
assist State board in preparing course of study; this provision as to course 
of study shall not apply to cities of first, second, or third class, but other dis- 
tricts shall use such course. Graduates of district schools or rural graded 
schools who have completed prescribed co'urse of study shall, upon passing 
satisfactory examination, be granted a common-school diploma, which shall 
entitle them to enter any high school in the State. No person afflicted with 
any infectious or contagious disease shall be admitted to any public or private 
school. 

Union or graded districts. — Upon written application of five voters in each 
of two or more districts, clerks of such districts shall call a meeting to deter- 
mine whether a union of. such districts shall be effected for the purpose of 
establishing a graded school for instruction in the higher branches; if a 
majority of voters of each district approve, such graded school district shall 
be established and board elected shall consist of director, clerk, and treasurer. 
Said union district may levy taxes, but shall be governed by law for levying 
and collecting district taxes ; bonds may be issued as provided by law for other 
districts. A single district may establish and maintain graded schools. 

Cities of first and second classes. — -"Board of education of each city of first 
or second class, except city having between 50,000 and 75,000 population in 
1910, shall consist of six members elected by qualified voters of the city at 
large ; term, four years, three being elected every two years ; no member shall 
be at the same time a city commissioner or councilman ; vacancies for one or 
more years shall be filled at next election, but board may fill vacancies for 
shorter term. In cities having commission form of government school board 
and city commissioners shall be elected as nearly as practicable in the same 
manner. Board may remove its employees for cause. Fiscal year shall end 
June 30. Clerk of board shall attend all meetings and keep records thereof 
and shall keep financial accounts. Board shall elect a superintendent for 
term of one or two years, who shall, subject to board, have charge and con- 
trol of schools; such superintendent shall be holder of at least a three-year 
State certificate or be graduate of an accredited normal school, college, or 
university. Board shall appoint two competent persons who, with city super- 
intendent, shall constitute a teachers' examining committee; such committee 
shall examine all persons applying to teach in said city and issue certificates 
to those having required qualifications, but State three-year and life certifi- 
cates and diplomas and normal-school diplomas shall be recognized. Board 
is body corporate and shall have charge of school property ; they may open 
school buildings for evening schools and social and civic purposes. 

Cities of first, second, and third classes. — School boards in cities of first 
and second classes and in districts containing cities of third class shall have 
right of eminent domain, and may take property for schoolhouse sites and 
playgrounds and additions thereto. In cities of second and third classes 
school funds shall be deposited in bank or banks approved by the school board, 
and daily balances shall bear not less than 2 per cent interest. 
3966°— 15 14 



210 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Cities of the first class. — ^All cities of more than 15,000 inhabitants shall be 
governed by the provisions of this act ; board of education may annex adjacent 
territory for school purposes when petitioned by a majority of the electors 
of such adjacent territory: Powers of hoard: To elect their own oflacers; 
make rules for government of the schools; organize separate schools for 
colored children, including high schools of Kansas City, but no discrimination 
shall be made in high schools elsewhere; control school property; maintain 
manual-training schools. Clerk shall give bond. City treasurer shall be 
treasurer of the board of education and shall give bond as required by 
board; he shall deposit school moneys in bank approved by board of educa- 
tion. School-board members shall receive no compensation. Tax levy for 
the support of schools, including building and repair of school buildings, shall, 
in cities of under 40,000 population, not exceed 6 mills on the dollar ; in cities 
of over 40,000 levy shall not exceed 5 mills for current purposes and 1 mill 
for buildings ; a higher levy may be made if authorized by qualified electors. 
Board of education shall make annual report, which shall be published in a 
newspaper or in pamphlet form. Expenditures in excess of $200 shaU be 
made only on written contracts. No sectarian or religious doctrine shall be 
taught, but Scriptures may be read. When necessary board of education 
shall, by two-thirds vote, determine amount needed for sites, buildings, addi- 
tions, or furnishings, and on receiving notice of such action mayor and city 
council shall order an election to vote bonds to the amount prayed for by 
the board; majority of those voting shall determine. Amount of bonds, in- 
cluding outstanding indebtedness, shall not exceed 1 per cent of taxable 
property, but in cities of over 70,000 population amount may equal 1.5 per 
cent of property valuation; bonds shall not bear more than 6 i}er cent in- 
terest; board of education shall include in their annual estimates of tax 
needed a sufficient amount to pay interest on bonds and create a sinking 
fund. Board of education may issue bonds to refund outstanding indebted- 
ness, but amount shall not exceed par value of outstanding bonds ; new bonds 
shall not run longer than 20 years and shall not bear exceeding 5 per cent 
interest. 

Cities of the second class. — ^All cities organized by law as cities of the sec- 
ond class and all cities having a population of over 2,000 and less than 15,000 
shall be governed by the provisions of this act. Schools shall be conducted 
for not less than 8 nor exceeding 10 months, and shall be free to all persons 
over 5 and under 21 years old, but school board may, where accommodations 
are insufficient, exclude children between 5 and 7. On application of a 
majority of voters residing therein, adjacent territory may be annexed by 
school board for school purposes only; when a city of the third class be- 
comes a city of the second class adjacent territory belonging in school dis- 
trict with such city of third class shall remain a part of city of second 
class for school purposes, unless detached therefrom by county superintendent 
with consent of a majority of the voters thereof. Powers of hoard: To 
elect their own officers, except treasurer; make rules and regulations, sub- 
ject to provisions of this act; maintain graded schools and high school. 
Board of education shall annually levy a tax of not exceeding 6 mills for 
support of school; higher levy may be voted by qualified electors; in city 
having a floating indebtedness of $10,000 or more, an additional levy of 6 
mills may be made until debt is paid; city having property valuation of 
less than $1,000,000 may levy not exceeding 9 mills ; property of both city and 
territory attached for school purposes shall be subject to taxation. Board 
shall make annual report and publish in newspaper or in pamphlet form. No 



A (f). ADMINISTKATIVE UNITS I DISTRICTS, ETC. 211 

contract in excess of $500 for buildings and improvements shall be let except 
to lowest responsible bidder. No sectarian doctrine shall be taught, but Bible 
may be read. On request of board of education mayor and city council shall 
order an election to determine question of issuing bonds for sites, buildings, 
etc. Said bonds shall not sell at lower than par value, shall bear not exceed- 
ing 5 per cent interest, shall run not longer than 20 years, and in amount 
shall not exceed 2i per cent of property valuation. School board may, with- 
out vote of the people, issue bonds to pay outstanding indebtedness existing 
at time of passage of this act, but issuance of such bonds must have approval 
of State superintendent and amount shall not exceed $5,000, one-half of 1 
per cent of property valuation. Board shall levy a tax sufficient to pay 
interest and create a sinking fund. A city having a population of between 
3,500 and 15,000 may levy an additional tax of not exceeding 2 mills for not 
over four years to build schoolhouse or erect an addition or additions, but no 
such house or addition shall cost exceeding $70,000. Board may expend not 
exceeding $2,000 to buy additional school grounds. Treasurer of the board 
of education in cities of the second class shall be elected by vote of the 
people for a term of two years. 

Cities of the third class. — Public schools in incorporated cities having a 
population of between 250 and 2,000, when not otherwise provided by law, 
shall be governed by the provisions applying to district schools or union or 
graded schools. No portion of a city of the third class shall be detached for 
school jDurposes. 

See also A (c2), County officers; A (d). District boards and officers; C (a). 
Local finance and support, general; H (e). Consolidation of districts, etc.; 
N (a). High schools. 

Kentucky: County school district. — Every county shall compose one school 
district except where there is a city or town which maintains a separate sys- 
tem, then the remainder of the county outside of such city shall constitute a 
school district. County superintendent of schools, county judge, and county 
attorney shall divide each county school district into educational divisions as 
nearly equal as possible and shall subdivide these educational divisions into 
school subdistricts ; any graded school district that may exist and fulfill cer- 
tain conditions may retain its old boundaries; subdistricts shall not contain 
less than 25 white children ; per capita apportionment shall not be on basis of 
fewer than 50 white pupils, nor more than 100 such pupils for one 'teacher. 
^ Trustee in each subdistrict shall be elected by viva voce vote for two years. 
At same time and place election shall be held in same manner for visitor for 
colored schools of subdistrict ; so far as colored schools are concerned, duties 
of visitor same as those of subdistrict trustee, but this visitor shall not be a 
member of the division board. County superintendent shall be member of divi- 
sion board, but shall vote only in case of tie. County board of education may 
fill office of trustee temporarily. Duties of trustee: To personally supervise 
schools in his subdistrict ; report on their needs with recommendation ; make 
complete school census with a census of illiterate children of those who have 
completed common-school course and those attending school outside of dis- 
trict. County superintendent shall report these things to State superin- 
tendent. Subdistrict trustees shall nominate and recommend teachers for 
each school to division board ; teachers shall be elected for one year ; may be 
removed ; contracts must be in writing. 

The chairmen of the several educational division boards, together with 
county superintendent, shall constitute county board of education. It shall 
establish one or more higli schools, provided no high school of first class 



212 STATE LAWS RELATING TO PUBLIC EDUCATION. 

already exists ; it may contract with authorities of any city or town in estab- 
lishing high school for joint use of city or town and county ; contract shall be 
in writing and the expenses prorated ; first county high school shall be estab- 
lished at county seat, provided there is no first-class high school there 
already; a first-class high school shall maintain a four-year course; second 
class, three-year; third class, two-year. County board of education shall levy 
tax not exceeding 20 cents on hundred and $1 on poll for school purposes; 
provided that no tax under this act shall be levied in cities or towns maintain- 
ing a first-class system of public schools. County superintendent shall act as 
treasurer of county board of education and shall give bond ; on petition of 10 
legal voters division board of education shall submit question whether in any 
subdistrict tax not to exceed 25 cents on the hundred shall be levied for school 
purposes. 

County board of education may establish new subdistricts or change 
boundaries; it may buy or sell school property of all kinds; is vested with 
titles; is empowered to assume old indebtedness; it shall be a body politic and 
corporate with perpetual succession. County superintendent shall keep ac- 
count of receipts and disbursements and report annually to fiscal court. 
County board of education shall employ and fix salaries of teachers in high 
schools, prescribe course of study not below standard fixed by State board of 
education ; it shall meet on call, but shall not be paid for more than 12 days' 
service in one year; it is duty of each member to report in writing exact 
status of affairs of his educational division twice each year. County board 
has power to consolidate any two or more contiguous districts, white or col- 
ored, build schoolhouses for such consolidated schools, and employ teachers in 
same manner as for subdistricts ; subdistricts may be in two counties ; county 
board shall, when it deems wise, employ supervisors for rural schools, who 
shall assist in supervising, act as substitute teachers and as truant otficers ; it 
shall have power to place in one fund State and county funds; school term 
shall be six months and State fund shall be used for teachers' salaries; no 
salary shall be less than $35 nor more than $70, except for high-school teach- 
ers; salaries shall be based on qualifications and attendance. County board 
may lay off boundary and submit question to voters within that boundary of 
a tax sufficient to provide for consolidation and transportation ; schoolhouses 
may be used when school is not in session for lawful assemblies; county 
board* shall assume legal indebtedness of old boards. 

Graded common schools. — The county judge, upon written petition of 
10 legal voters in the justice's district, town, or city of fifth or sixth classes, 
shall make an order fixing boundary of any proposed graded common-school 
district as agreed on by the judge and petitioners; sheriff shall then hold 
election to take sense of the white voters in the said graded common-school 
district whether they will vote an annual tax of not more than 50 cents on 
the hundred dollars, or $1.50 on the poll, or both, for maintaining a graded 
common school, erecting buildings, etc. ; county board of education and 
county superintendent must approve proposed graded common-school dis- 
trict; boundaries may be changed on written petition; all graded common 
schools shall have authority to operate high school; graded common-school 
district may embrace parts of two counties ; if tax is voted, county judge shall 
cause certificate of examining board and names of the five trustees elected 
to be entered on his records and county superintendent and trustees shall 
organize a graded common school in the district in accord with the law. 
"The graded common-school districts when organized as aforesaid, as 
[are?] hereby incorporated"; management vested in five trustees, elected at 



A (f). ADMINISTRATIVE tJKITS : DISTRICTS, ETC. ^IS 

the time the tax is voted; trustees shall take oath of office, may adopt by- 
laws and rules for control and management of the graded common schools ; 
they shall employ principal and teachers, suspend or dismiss them ; pre- 
scribe branches of study other than those required by law and qualifications 
of superintendent, principal, and teachers; teachers in graded common 
schools, except in cities of first, second, third, and fourth classes, shall keep a 
register; the secretary of the board of trustees in cities of the first, second, 
third, and fourth classes shall report annually to State superintendent; all 
white children within school age residing in any graded common-school 
district shall have right of free admission; residents of other districts and 
those over age may be admitted on payment of tuition ; treasurer elected by 
trustees shall give bond; county superintendent shall pay the graded com- 
mon-school district its pro rata of State and county funds after monthly 
and term reports have been filed ; trustees shall provide funds for pur- 
chasing grounds and buildings and are empowered to order an election to 
decide whether they shall issue bonds of the graded common-school district 
for providing suitable grounds, buildings, etc. ; a two-thirds vote in favor 
is required; total tax rate for schools must not exceed 75 cents on the 
hundred. All rights and powers as to issuing bonds and levying taxes to 
pay interest and principal conferred by chapter 4, act of March 12, 1896, 
upon all graded common schools: maintained by any city of the fifth or 
sixth class or any town or school district organized under a special act of 
legislature are conferred by this act; trustees shall cause tax to be levied, 
not greater than amount voted, on property owned by any white person, 
company, or corporation; or poll tax on white male citizens; out of these 
collections trustees shall pay interest and provide sinking fund ; after July 1, 
1914, any graded common school regularly voted and organized shall have 
power to levy tax not exceeding 50 cents on the hundred and $1.50 on the 
poll ; title of all common- school and of all county seminary property in a 
graded common-school district shall be vested in its trustees, but when 
county seminary property is appropriated all pupils of county may attend 
at reduced rates ; if vote is against tax, question may be submitted again in 
two years; provisions of this act shall apply to such graded-school districts 
as may be applied for and organized by the colored people, and such districts 
and graded schools may be organized by them, the word '' colored " being 
substituted for " white " wherever it has occurred. 

Provisions of this article shall not interfere with any graded common 
schools or schools maintained by cities of the fifth and six classes or any 
town or school district organized by virtue of a special act, unless said city, 
town, or district shall by majority vote accept its provisions; nor affect 
school systems of cities of first, second, third, or fourth class, but such cities 
may accept it by vote and then certain provisions apply ; trustees of graded 
schools maintained by taxation, where tax is not sufficient to pay for 
buildings, etc., may issue bonds and levy additional tax of 25 cents on the 
hundred under certain regulations; trustees may collect taxes and pay 
debts without issuing bonds; refunding bonds at reduced rate of interest 
may be issued. The special-act schools of the State which do not levy as 
much as 50 cents on the hundred are now empowered to levy up to 50 cents 
for operating expenses; graded common schools and common-school districts 
may be consolidated and they may provide jointly expense of transportatioa 

Kentucky: Cities of the first class. — Every city of the first class shall consti- 
tute a single school district, and the supervision and government of common 
schools, kindergartens, high schools, manual-training schools, and normal 



214 STATE LAWS RELATING TO PUBLIC EDtJCATION. 

schools shall tte vested in a board of education of five members; it shall be 
a body corporate with corporate powers; shall have exclusive control of 
common schools, etc., appoint officers, agents, and employees; provide for 
special and standing committees and certify amount of money necessary for 
maintenance and improvement ; purchase and condemn property ; qualifica- 
tions of members of board of education enumerated; no pay; term of office 
four years; elected by secret ballot on separate sheet from all other ballots 
to be used in any election. When members of the board of education shall 
have been elected and shall have qualified and organized as provided it shall 
become the duty of the existing school board to surrender to the new board 
of education all school property, etc., provided that all rules and by-laws 
made by any existing school board shall continue in force until repealed or 
altered. Board of education shall, within 60 days after its organization, 
adopt rules and by-laws; it shall appoint a superintendent, a business direc- 
tor, a secretary and treasurer, and other officers, employees, and agents. 
Board shall elect superintendent for one year, and if he is reelected it shall 
be for four years. Superintendent may suspend any teacher or truant officer ; 
appointments and promotion shall be on the basis of merit; superintendent 
shall devote himself exclusively to duties of his office, exercise a general 
supervision, keep himself informed as to the progress of education in other 
cities, and make reports. Business (Urector: Elected for one year, may be 
reelected for four years ; he shall advertise for bids, purchase supplies, give 
bond for discharge of his duties, appoint janitors and engineers. Board must 
advertise for supplies and award contract to lowest bidder. Board shall ap- 
point a secretary and treasurer, who shall give bond ; he shall exercise general 
supervision over fiscal affairs of schools, the collection of funds, disbursements 
of revenues; record proceedings of the board; at end of year make a full 
and comprehensive report of its financial aftairs; be the custodian of all 
securities, documents, title papers, books of records, and other papers. The 
board shall select two banks to receive school deposits and fiscal year shall 
end June 30. Board shall apportion its revenue to the different departments ; 
it may borrow money. 

The general council shall levy 36 cents on each hundred dollars of property 
assessed for city purposes; school funds coming to the city from the State 
shall also be apportioned; city escheats shall vest in the board. At end of 
fiscal year books of the secretary-treasurer, business director, and other de- 
partments of expenditure shall be audited by expert accountants. Board shall 
have power to establish kindergartens for children between 4 and 6 years 
old, high schools, manual-training schools, and a normal school; schools for 
white and colored children shall be separate; qualifications for admission to 
the schools shall be fixed by board; no formula or religious belief shall be 
taught; pupils from beyond city limits shall pay tuition fees; board shall 
make annual reports to State superintendent and shall, every third year, take 
a school census; shall pulish an annual report; willful violations of this act 
punishable by fine and imprisonment. No money shall be appropriated by the 
board except on affirmative vote of a majority of members ; proceedings of 
the board shall be kept ; board shall prescribe branches to be taught and text- 
books to be used, which shall not be changed except by unanimous consent 
until formal notice, and then by two-thirds of members ; no fees or perquisites 
shall be received by secretary ; in investigations against officers and teachers 
board shall have power to summon witnesses and administer oaths; certifi- 
cates of teachers shall be void if holder receives no regular employment in 
five years ; secretary of board shall employ census enumerators ; their duties 



A (f). ADMINTSTEATTVE UNITS: DISTRICTS, ETC. 215 

minutely defined. School improvement bonds, not to exceed $1,000,000, may- 
be issued to purchase sites and erect schoolhouses after question has been 
submitted to vote ; they shall not be sold for less than par, and any premium 
shall go into the sinking fund; general council shall levy annually tax levy 
sufficient to pay interest and create sinking fund. 

See also A (c2), County officers; A (d), District boards and officers; B (a). 
General State finance and support; C (b), Local bonds; F (c), Teachers' pen- 
sions; H (f), Compulsory attendance; S (b). Public-school libraries. 

Louisiana: See A (cl), County boards; P (c), State universities and colleges. 

Maine: School districts. — School districts in all towns are abolished, except 
that districts organized with special powers by act of legislature shall retain 
such organization ; said district shall annually submit to town school com- 
mittee estimate of amount required for maintenance of schools, other than 
high schools, and town committee shall allow amount sufficient to maintain 
schools for period equal to other schools of town. Any town at annual meet- 
ing or meeting called for that purpose may, on recommendation of school 
committee, determine number and location of schools; any school having too 
few pupils for " profitable maintenance " may be suspended by school com- 
mittee for one year and any school having average attendance of less than 
eight pupils shall be suspended unless town meeting votes to continue said 
school; superintendent shall procure transportation of pupils when school 
committee decides that distance of pupils' residence warrants, but committee 
may authorize payment of pupils' board instead. Cities and towns may take 
real estate not to exceed 3 acres for school and playground purposes, but no 
real estate may be taken within 50 feet of a dwelling house ; owner may ap- 
peal to county commissioners, whose determination shall be final; legality of 
a tax to build, repair, or move a schoolhouse shall not be affected by any 
error in the designation or location thereof; plans of schoolhouse voted by 
town must have approval of school committee, who shall have charge of 
erection. 

Duties of towns. — Every town shall raise and expend annually for common 
schools, exclusive of corporate school funds, State funds, gifts, and for- 
feitures to use of schools, at least 80 cents for each inhabitant ; all towns in- 
corporated since 1788 not formerly parts of other towns, which fail to ac- 
count for permanent fund arising from sale of school lands, shall annually 
raise and expend $45 in addition to other amount required by law ; unex- 
' pended balances shall be credited to resources of following year, but this 
provision shall not apply to cities. When the governor and council have rea- 
son to believe that a town has failed to comply with the law relating to public 
schools they shall direct the State treasurer to withhold from such town such 
amount as they may deem expedient. Term of all schools in town shall as 
nearly as practicable be of same length; every town shall maintain schools 

" for at least 26 weeks; failure to do so shall debar town from State school 
moneys. Adjoining towns may maintain union school; said school shall be 
under the management of school committee where schoolhouse is located. 
Towns shall expend State and town funds for teacher's wages and board, fuel, 
janitor's services, conveyance and tuition and board of pupils, and shall 
provide school books, apparatus, etc., for schools, including high schools ; they 
shall pay for repairs of buildings, insurance, maintenance of school yards and 
playgrounds out of sums raised in addition to amount required by law to be 
raised for common schools. Any parent or guardian may procure textbooks 
for exclusive use of his own children. When pupil loses, destroys, or injures 
a book parent shall be notified, and if he refuses to make good the loss the 



216 STATE LAWS RELATING TO PUBLIC EDUCATION. 

value of book shall be included in his taxes. Any city or town may levy addi- 
tional tax for the support of evening schools for persons of any age ; any city 
or town may make provision for instruction in industrial or mechanical draw- 
ing to persons over 15 years old; any city or town may levy additional tax 
for support of manual-training schools. 

Superintending unions. — School committees of two or more towns having 
an aggregate of not less than 20 nor more than 50 schools may, when author- 
ized by vote of towns, unite to employ a superintendent; union must be ap- 
proved by State superintendent ; State superintendent may approve union hav- 
ing fewer than 20 or more than 50 schools; when first formed union must 
continue three years unless dissolved by two-thirds vote of joint committee, 
but after expiration of three-year term any town may vote to withdraw. 
School committees of united towns shall be joint committee of union; joint 
committee shall determine division of superintendent's time among towns and 
amount to be paid by each town ; such committee shall choose a superintend- 
ent for term not exceeding five years and shall fix his salary. Chairman and 
secretary of joint committee shall report facts relating to union, election of 
superintendent, etc., to State superintendent; on approval of union. State 
shall pay for salary of superintendent twice aggregate amount paid by towns, 
but not exceeding $800 to any union. To towns and cities having over 50 
schools State shall pay three-fifths of cost of superintendence, but not to ex- 
ceed $800 to each town or city. Towns uniting to employ a superintendent 
shall each pay for his services in proportion to amount of service rendered it. 
State superintendent shall annually hold a conference of union superintend- 
ents for their instruction; $500 may be used to assist in paying expenses of 
superintendents living at remote distances. Union superintendents shall hold 
State certificate of superintendence grade; examination prescribed by State 
sui)erintendent ; no town shall receive aid under this act unless its expendi- 
ture shall be in addition to amount required for common-school purposes. 

Unorganized territory. — Plantations have same powers as towns for elect- 
ing school committees, superintendents, treasurers, and collectors and for 
raising school money. Moneys due plantations from State for schools shall 
be paid under same conditions as in case of towns and shall be expended 
under same restrictions. State superintendent shall cause children in un- 
organized townships to be enumerated and shall provide for schooling of 
said children by establishing school or sending them to adjoining town. If 
available school fund of township is insufficient to run school 26 weeks. State 
shall pay remainder, but inhabitants must have been taxed at least 40 cents 
per capita. State superintendent may appoint agents for unorganized town- 
ships, who shall enumerate children, collect per capita tax, employ teacher, 
etc. Said agents may act as truant officers. State superintendent may sup- 
ply schoolbooks for such schools. 

See also A (b2). State officers; A (d). District boards and officers; B (a),. 
General State finance and support; H (f), Compulsory attendance. 

Maryland: See A (cl). County boards. 

Massachusetts: See A (d). District boards and officers; D (a), Buildings and 
sites, general; F (a), Teachers' contracts, duties etc.; H (e) Consolidation 
of districts, etc.; H (f), Compulsory attendance; N (a). High schools; O (a), 
Industrial education, general; O (c), Trade schools; U (e). Schools for de- 
pendents and delinquents. 

Michigan: Common^school districts. — The township board of each township 
may divide the township into such number of districts as may seem necessary 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 217 

and may regulate and alter tlie boundaries thereof; wlien any board shall 
form a new district, the clerk of said board shall give to a taxable in- 
habitant thereof a notice of such formation, describing the boundaries and 
specifying the time and plan of first meeting, and said inhabitant shall no- 
tify every qualified voter of such district and make return thereof to the 
chairman of the meeting to be by him delivered to the director chosen at such 
meeting. Whenever it shall be necessary or convenient to form a district 
from parts of two or more adjoining townships, the township boards or a 
majority of said boards may form such district; the annual reports of such 
district shall be made to the clerk of the township in which schoolhouse is 
situated. Any district shall be deemed duly organized, when any two offi- 
cers elected at its first meeting shall file acceptance with the director, or dis- 
trict shall be deemed legally organized when it shall have exercised the 
franchises and privileges of a district for two years. Any district shall lose 
its organization as follows: (1) When there are not three or more per- 
sons therein qualified to hold district offices; (2) when such district shall 
fail to provide school privileges for the time required by law for two con- 
secutive years ; in either of said cases, the township board, or joint board if 
district be fractional, shall declare such district dissolved, attach it to ad- 
joining district or districts, and make an equitable distribution of its property 
among the districts to which it is attached. Every school district shall be a 
body coi-porate; such district shall be represented by three officers, namely, 
a moderator, director, and assessor. Whenever the township board shall 
contemplate an alteration of the boundaries of a district, the township clerk 
shall give at least 10 days' notice. The township board may detach the 
property of any person or persons from one district and attach it to another, 
but no land which has been taxed for building a schoolhouse shall be set off 
into another district for three years thereafter, except with the consent of 
the owner; no district shall be divided into two or more districts without 
the consent of the resident taxpayers thereof; no two or more districts shall 
be consolidated without such consent; when alterations of boundaries shall 
be made, township clerk shall, within 10 days, give notice to directors of dis- 
tricts affected. When a new district is formed in whole or in part from one 
or more districts possessed of a schoolhouse or other property, the township 
board shall make equitable settlement of property and debts between new 
district and old district or districts from which formed ; such settlement 
shall be made on the basis of the taxable property of the several parts of the 
former district or districts. Except when otherwise provided by special 
enactment, the annual meeting of a school district shall be held on the second 
Monday in July, but any district may vote to hold said meeting on the fourth 
Monday in July; special meetings may be called by the district board, and 
shall be called on request of five legal voters. Notice of annual or special 
meeting shall contain day, hour, and place and shall be given at least six 
days beforehand; in case of special meeting to establish or change a school- 
house site, at least 10 days' notice shall be given. In all school elections 
every citizen over 21 years old, male or female, who owns property assessed 
for school purposes in district, or who is the parent or guardian of any child 
of school age in district, and who has resided in district for three months, 
shall be a qualified voter ; on the question of voting taxes, every citizen over 
21 years old, male or female, who owns property assessed for school purposes 
In district and who has resided in district for three months shall b.e a quali- 
fied voter. The presiding officer of a meeting may order any disorderly per- 
son removed, and any person willfully disturbing a meeting shall, on con vie- 



^18 STATE LAWS RELATING TO PUBLIC EDUCATIOK. 

tion, be fined not less than $2 nor more than $50. The qualified voters at any- 
annual meeting or at an adjournment thereof, or at a special meeting law- 
fully called, except as hereinafter provided, shall have power (1) to appoint 
a chairman in the absence of the moderator and a temporary director in 
the absence of the director to keep a record of proceedings; (.2) select dis- 
trict officers; (3) select or change sites for schoolhouses ; (4) direct the pur- 
chase or lease of a site, the erection of a schoolhouse or enlarging the site; 
(5) vote tax for sites and buildings, such tax not to exceed in the same year 
bonded indebtedness is incurred $250 in districts having fewer than 10 
children of school age, nor $500 in districts having between 10 and 30 such 
children, nor $1,000 in districts having between 30 and 50 such children; (6) 
determine amount of tax to be levied for all school purposes; (7) authorize 
the sale of school property no longer needed; (8) give directions regarding 
any suit in which the district may be interested; (9) appoint a building 
committee; (10) determine, at first and annual meeting only, the length of 
school term ; (11) vote to discontinue the school for the ensuing year and send 
the children elsewhere, in which case the board may provide for the payment 
of tuition and transportation. In districts having 400 or more children of 
school age. school term shall not be less than nine months; between 30 and 
400 such children, eight months ; all other districts, not less than five months. 
Penalty for not maintaining school for required term, forfeiture of State 
funds. In any city school district the board of education may divide the 
district into election precincts. 

Graded school districts. — ^Any school district containing more than 100 
children between 5 and 20 years old may by a majority vote of the qualified 
voters present at any annual or special meeting, organize a graded-school 
district. After such change shall have been voted, a board of education 
of five members shall be elected; term after first election, three years, two 
or one as the case requires being elected every year. Within 10 days mem- 
bers elected shall file their acceptance accompanied by a certificate of their 
eligibility ; vacancies shall be filled by remaining members except when three 
vacancies occur at the same time, in which case a special district meeting 
shall be called to fill them; board shall elect from among its number a 
president, a secretary, and a treasurer and these officers shall perform the 
duties prescribed by the general law for the moderator, director, and 
treasurer of the former district, except as hereinafter provided. Duties of 
hoard: To determine course of study and departments to be taught; estab- 
lish a high school when directed by vote of the district and fix qualifications 
for admission and tuition fees for nonresidents, but when students or parents 
or guardians pay taxes in such district such taxes shall be deducted from 
their nonresident tuition charges; audit and order paid the accounts of the 
secretary, but said secretary shall not expend exceeding $100 for repairs, 
appendages, etc., without the consent of the board; estimate and vote 
amount of tax necessary for teachers' wages, fuel, and incidental expenses, 
and for salaries of officers and servants when the electors fail to vote the 
same; employ, in cities and villages having six or more teachers, a super- 
intendent of schools, who shall hold at least a State life certificate or normal 
school diploma or have equivalent qualifications; employ and fix com- 
pensation of teachers on recommendation of superintendent, but such recom- 
mendation may be disregarded ; employ other necessary officers and servants 
and fix. their duties and compensation; perform duties required of district 
boards. Duties of superintendent: To recommend teachers and suspend any 
teacher for cause pending action by the board; classify and control the 
promotion of pupils; recommend arrangement of the course of study and 



A (f). ADMINISTRATIVE UKlTS : DISTHICTS, ETC. 219 

textbooks to be used; report to board and to State superintendent annually 
and oftener if required; supervise and direct teachers; perform such other 
duties as the board may direct. No alteration shall be made in the 
boundaries of any graded-school district without the consent of a majority 
of the trustees of said district, but three or more taxpaying electors having 
children between 5 and 12 years old and residing 14 miles or more from the 
schoolhouse may appeal from any action of the trustees with reference to 
the alteration of such district to the judge of probate, who may amend or 
set aside the action of the trustees. Two or more contiguous districts 
together, having 100 or more children between 5 and 20 years old, when 
separately voting to establish a graded district, may be united into such a 
district by the township board. On petition of 10 voters of a graded district 
made 20 days before an annual meeting, the trustees shall submit to such 
meeting the proposition to change from such graded district to one or more 
primary districts; two-thirds majority required to carry the proposition. 

Township school disti'icts. — On petition of one-fourth of the qualified elec- 
tors of any organized township, the township board shall call an election to 
determine the question of organizing said township into a single school dis- 
trict; a majority electors voting at such election shall determine; in case 
there is one or more graded school districts having a population of 900 or 
less the qualified electors thereof maj' sign the petition, vote on the question, 
and become a part of such district; qualified electors of a fractional district 
lying in two or more townships may vote on such question and become a part 
of such district ; the single township district thus organized shall assume con- 
trol of the schools and school property and become responsible for the debts 
of the original districts of the township. All cities organized as school dis- 
tricts and all graded school districts having more than 900 population shall 
be exempt from the provisions of this act, but if such district and the rest of 
the township shall respectively vote to make such district a part of the town- 
ship district, the State superintendent shall declare such district a part of 
the township district. Fractional districts may as a whole be a part of the 
township district in which the schoolhouse is located, or may be divided in 
conformity with township lines. The officers of said township district shall 
consist of a board of education of five members elected at large ; term, three 
years, one or two as the case requires being elected each year. In all school 
elections every citizen over 21 years old, male or female, who has resided in 
the district three months and who owns property assessed for school purposes 
in the district or who has children of school age in the district shall be enti- 
tled to vote, but on voting school taxes only those wJio own property in fee 
may vote. All trustees elected must within 10 days after election file their 
acceptance together with a certificate of their qualification to hold the office. 
Board shall elect from its membership a president, a. secretary, and a treas- 
urer. Powers and duties of hoard: To fill vacancy in the office of trustee until 
the next annual district meeting; provide a site and schoolhouse; estimate 
amount necessary for site and buildings and report the same to the annual 
meeting; vote taxes for the running expenses of the schools, excluding sites 
and buildings, and including teachers' salaries; report annually to township 
clerk the taxes to be levied ; apply and pay school moneys in accordance with 
the provisions of the law ; have care and custody of school property and pro- 
vide suitable school pri\'ileges; specify the studies to be pursued in the 
schools ; adopt textbooks for the township for periods of five years ; prescribe 
rules and regulations for the government of the schools and provide textbooks 
for indigent pupils ; admit nonresident pupils and fix tuition fees ; make rules 



220 STATE LAWS EELATING TO PUBLIC EDUCATIOK. 

regarding the school census ; fix length of school term, which shall not be less 
than five months; establish and maintain a district library; establish and 
maintain a high school or pay tuition of pupils going to such school else- 
where; authorize secretary to provide incidental apparatus for the schools; 
employ a superintendent of schools for the township when authorized by the 
qualified voters; employ and contract with qualified teachers; do all things 
necessary for the success of the schools. Duties of superintendent: To rec- 
ommend teachers and suspend them until board may take action ; classify and 
control the promotion of pupils ; recommend courses of study ; report to board 
and State superintendent annually and oftener if required; supervise teach- 
ers; perform such other duties as board may require. Duties of secretary: 
To act as clerk of meetings of district and of board ; give notice of meetings ; 
draw warrants on township treasurer for moneys coming to the district and 
orders on the district treasurer for moneys to be disbursed; draw and sign 
contracts with teachers and superintendent when directed by the board ; pur- 
chase necessary appendages and incidentals for school use; keep accounts; 
furnish annually to the board estimates of funds needed for the ensuing year ; 
preserve copies of reports made to higher officials ; prepare annually a finan- 
cial and statistical report. Duties of treasurer: To execute an official bond 
in amount equal to the money to come into his hands ; have the care and cus- 
tody of school moneys; deposit, with consent of the board, school moneys in 
a bank ; pay all lawful orders of the secretary ; keep accounts ; make financial 
statement to district at end of the year ; appear in suits brought by or against 
the district, unless other provision is made by the qualified electors. The 
board shall annually estimate the amount of taxes necessary for buildings 
and sites and for payment of bonds if needed, and the qualified voters shall 
fix such tax and vote the same, but if voters do not or can not determine the 
amount of said tax, the board shall determine the same. District may by 
majority of votes cast vote bonds of the district; the period of any school 
bonds shall not exceed 15 years ; voters may vote a tax to pay interest and 
principal of bonds. Board shall at each annual meeting make a detailed 
financial and statistical statement. By a majority of those voting at any meet- 
ing the district may determine to furnish free textbooks to pupils; when 
directed by voters board shall purchose textbooks and furnish them at cost 
to pupils. Compensation of hoard: Treasurer, not exceeding $100; secretary, 
not exceeding $125; other members, $2 per day. No member of board shall 
be an agent for schoolbooks or apparatus, nor be personally interested in any 
contract with the district. Any person elected member of board and refusing 
or neglecting to accept, or having accepted, refusing or neglecting to perform 
his duties, shall on conviction be fined not less than $10 and may be removed 
from office. State superintendent may remove a member of board for cause. 
When any one township is divided into two or more townships, school prop- 
erty shall be divided in proportion to taxable property. Any 10 legal voters 
may appeal to the State superintendent of public instruction from board of 
education in the formation, location, or maintenance of any school or arrange- 
ment of any territory. 

Upper Peninsula. — On petition of a majority of the qualified electors of 
any organized township of the upper peninsula the township board of said 
township shall give notice that said township shall be organized as^a single 
school district, which shall be subject to the general laws where not incon- 
sistent with this act. The board of education of such district may divide 
the same into subdistricts. Five trustees shall be elected as a board of edu- 
cation; term, three years, one or two being elected each year. Members of 



A (f). ADMIXISTEATIVE UNITS: DISTRICTS, ETC. 221 

board shall elect from among their number a president, secretary, and treas- 
urer. Said board shall hold regular quarterly meetings, and special meetings 
may be called by the president or two members. Said board shall be the 
board of school inspectors for said district and shall report to the clerk of 
the county and perform all duties heretofore performed by such inspectors. 
When petitioned by a majority of the parents or guardians of 10 or more 
children of contiguous territory living not less than 3 -nor more than 8 miles 
from any schoolhouse said board shall provide school advantages for such 
children. Voters at each annual meeting shall determine amount of taxes 
to be levied for all school purposes; but if voters fail or neglect to fix tax, 
board shall fix the same. Not more than 3 mills on the dollar shall be levied 
in any one year for sites and buildings. The board shall make a financial 
and statistical report to the annual meeting and shall at the same time sub- 
mit an estimate of expenses for the ensuing year. When any township shall 
be divided into two or more townships an equitable division of assets and 
liabihties shall be made. 

County distj'icts. — Whenever a change in or the establishment of the 
boundaries of a school district of any city is desired or becomes necessary 
such changes or establishment may be made by the joint action of the board 
of education of such district or the board of trustees of such city and the 
township board of the township in which the territory may be located, or 
the township boards if the territory affected is located in more than one 
township. When board of education or board of trustees shall vote in favor 
thereof notice shall be given to township board, and a joint meeting shall be 
held to fix such boundaries. 

Cities of fourth class. — Cities of the fourth class shall be school districts 
and as such bodies corporate ; but this act shall not apply to such city wherein 
is a school district extending beyond the city limits. Board of education 
shall consist of six members elected by vote of the people ; term, three years, 
two being elected each year. PoUs at election of members of board shall be 
open from 9 a. m. to 8 p. m. Candidates shall be nominated by petition of 25 
or more qualified electors. 

Whenever any five or more taxpaying electors having taxable property in 
any school district shall feel aggrieved by any action of a township board or 
joint boards with reference to the formation, division, or consolidation of 
said district they may, within 60 days, appeal to the county commissioner of 
schools and the circuit court commissioner, who shall constitute a board of 
appeals in such cases. 

Justices of the peace shall have jurisdiction in all cases of assumpsit, 
debt, covenant, and trespass against school districts when the matter in 
controversy shall not exceed $100; no execution shall issue on any judgment 
against a school district, but the same shaU be paid by taxes assessed by the 
township supervisor. 

See also A (b2), State officers; G (c), County and local normal schools. 

Minnesota: The State is divided into common, special, and independent school 
districts, each of which shall be a corporation. A new common or independ- 
ent district, not less than four sections in extent, and containing not less than 
12 school children, may be created from other districts upon petition by a 
majority of freeholders of such territory. Such petition shall contain descrip- 
tion of territory of proposed district; number of residents therein; names 
and ages of school children therein, and the existing district in which each 
such child lives; districts in which such territory lies and number of such 
children in each such district; reasons for formation of new district. Such 



222 STATE LAWS EELATING TO PUBLIC EDUCATION. 

petition shall be submitted to county superintendent for bis approval ; county- 
board sball appoint time for bearing on petition and shall give due notice 
of sucb time, (bounty board may, upon petition of any freeholder whose land 
lies not more than one-quarter section from any district therein, annex such 
land to said district together with any intervening unoccupied land. County 
auditor shall keep a plat of all school districts in his county. Any aggrieved 
person may appeal from the decision of the county board creating a school 
district, but in so doing shall give bond in sum of $100. By similar action 
as foregoing, boundaries of districts may be changed, or two or more districts 
consolidated, or one or more districts annexed to an existing district, but 
such change shall not leave the old district without at least one schoolhouse, 
nor shall such change affect the liabilities of the territory so changed upon 
any bond or other obligation. Upon petition by majority of voters to county 
commissioners any incorporated borough, village, or city of 7,000 or less 
inhabitants may change its school district limits to include lands wthin or 
without such borough, village, or city, but contiguous thereto. Whenever 
territory in two or more counties is affected by foregoing provisions, like 
proceedings shall be taken in all such counties. A common district may be 
changed to an independent district upon vote of electors therein. An inde- 
pendent district may be changed to a common district by vote of two-thirds of 
electors therein. Two or more districts of any kind may be consolidated ; to 
receive State aid as a consolidated school of class A or class B such district 
shall contain not less than 18 sections, and as class C not less than 12 sec- 
tions; any existing district of at least the same area shall receive similar 
State aid, and any school districts otherwise qualified for aid as a class A 
school, whose schoolhouse is located within 1 mile of the State line or an 
impassable barrier, and which contains not less than 12 sections, shall receive 
class A aid in proi)ortion to its area. To form a consolidated district a peti- 
tion signed by at least 25 per cent of resident freeholders of districts affected 
shall be submitted to the county superintendent ; consolidation shall be voted 
by electors of affected districts, at least 25 of such electors to be present. In 
like manner one or more school districts may be consolidated with a district 
in which is maintained a State high, graded, or semigraded school, but such 
consolidation shall be effected solely by the vote of the rural school districts, 
but with the approval of the board of the district maintaining such school. 
For the purpose of promoting better conditions in rural schools, to encourage 
industrial training, including the elements of agriculture, manual training, 
and home economics, the board in a consolidated district is authorized to 
establish schools of two or more departments; provide transportation of 
pupils; expend a reasonable amount for room and board of pupils whose 
attendance can be more economically provided by such means ; acquire school 
sites of not less than 2 acres, and erect buildings thereon, when money has 
been voted therefor by the district; submit to State superintendent plans of 
proposed sites and buildings. With respect to consolidated districts. State 
superintendent shall approve sites, buildings, and equipment ; prepare sugges- 
tive courses of study; prescribe qualifications for teachers; exercise general 
supervision over such schools together with supervisiors and county superin- 
tendent. Any district in which no school has been maintained for two years 
may be dissolved by county board and territory of such district annexed to 
another district. Any common-school district may be dissolved by the county 
board with the approval of the county superintendent and by petition signed by 
a majority of the freeholders of such district qualified to vote for school oflScers 
in said district. Outstanding obligations of such dissolved district shall con- 



A (f). ADMINISTKATIVE UNITS: DISTRICTS, ETC. 223 

tinue to be a charge against the property of the territory formerly included 
in such district. This act shall not apply to counties not having a county 
board of education. 

See also A (d), District boards and officers; B (d), State taxation for school 
purposes; B (e), State aid for elementary education; K (c), Uniformity of 
textbooks. 

Mississippi: School districts. — Regular school districts shall contain not less 
than 45 educable children of the race for which it is established, except when 
too great distance or impossible obstructions would debar from school; in 
such cases county school board may establish district of 15 children; said 
board may establish special districts in forks or bends of streams for not 
less than 10 children ; whole number of such special districts in any county 
shall not exceed one-fifth of number of regular districts; adjacent parts of 
counties may be embraced in a district; each county must contract with 
teacher for proportionate part of salary ; in defining school boundaries board 
shall pay regard to larger watercourses ; in counties not laid off in townships 
school districts shall be defined by streams, etc. ; districts shall be so arranged 
as to place all children within reasonable distance of schoolhouse ; when less 
than five children attend in any district superintendent shall discontinue 
school at end of any scholastic month. 

Separate school districts. — ^Any municipality, by ordinance of mayor and 
aldermen, any unincorporated district with an assessed taxable valuation of 
not less than $200,000, or any unincorporated district of not less than 16 
square miles may, by the county school board, on petition of a majority of 
the qualified electors, be declared a separate school district, but shall not be 
entitled to its rights and privileges unless a free public school be maintained 
therein for seven months in each scholastic year. For separate school dis- 
tricts having no municipal organization county board of supervisors, on peti- 
tion of majority of taxpayers, shall levy required tax; county tax collector 
shall collect ; fund shall be disbursed by pay certificates on order of trustees, 
who shall be appointed by county superintendent ; children may attend school 
of a separate school district in their county, and the county during the winter 
term shall pay to separate school district an amount equal to the cost per 
child in the county public school. Any part of county adjoining a munici- 
pality which is a separate school district may be included in such district on 
petition; mayor and aldermen or supervisors of unincorporated separate 
school district shall annually levy tax for fuel and necessaries and levy such 
taxes as are necessary to maintain school after expiration of the four months' 
term provided by State ; they may also levy taxes for erection and repair of 
buildings and may issue bonds; separate school districts may make either or 
both of its schools graded schools ; these may be of two kinds, graded gram- 
mar school and graded high school ; in every graded school shall be a graded 
grammar school; graded high school shall be composed of pupils who have 
passed through grammar grades and passed an examination therein; four- 
year course; may fix tuition fees for high school and may prescribe other 
studies ; allowed to introduce public-school music, drawing, and manual train- 
ing into grammar-school grades ; act of 1910 amends the code of 1906 so as 
to show the lands in separate school districts and the ad valorem tax thereon ; 
in separate school districts having no municipal organization, board of super- 
visors, on petition of majority of taxpayers, shall levy required tax; assessor 
shall make a separate assessment; when district is created after assessor's 
roll has been made out, taxes shall be based on previous assessment; county 
superiiiteadeiit shall appoint trustees recommended by electors; if they fail 



224 STATE LAWS EELATING TO PUBLIC EDUCATION. 

to recommend, then county superintendent shall make appointments; in sep- 
arate school districts having no municipal organization board of supervisors, 
on petition of majority of qualified electors, shall levy required tax; when 
amount has been fixed, it shall remain the same for each successive year 
unless changed by petition of majority of electors ; tax collector shall collect 
and deposit with county treasurer. Aldermen of any municipality consti- 
tuting a separate school district may release such parts of the district as lie 
outside of the corporate limits on petition of a majority of the resident free- 
holders of the territory to be released. 

See also A (d). District boards and officers; B (b). State school lands; 
H (e), Consolidation of districts, etc. 

Missouri: Classification. — School districts having only three directors shall be 
known as " common-school districts " ; districts outside of incorporated cities, 
towns, and villages and having six directors, " consolidated school districts " ; 
districts having six directors and including an incorporated town or village 
or city of the fourth class, "town school districts"; districts including a city 
of the first, second, or third class, " city school districts." 

Common-school districts. — The common-school districts of each county shall 
be numbered consecutively beginning at the northeast corner of said county 
and shall be bodies corporate under the numbers and designation given them 
by the county court; such court shall not renumber districts oftener than 
once in 10 years. Unorganized territory containing 20 pupils or more of 
school age may be organized into a school district at a meeting called by 
three or more taxpayers and at which a majority of the qualified voters of 
the district vote to so organize. The directors of each common-school dis- 
trict shall be three in number, elected at the annual district meeting; term, 
three years, one being elected each year. Any unorganized territory con- 
taining fewer than 20 pupils of school age may be attached to an adjoining 
district on petition of a majority of the qualified voters of such territory or 
part thereof wishing to be attached ; on receipt of said petition, directors of 
such adjoining district, if a majority favor, shall attach such territory to 
their district. When it is desired to form a new district of two or more 
entire districts or parts of the same, to divide one district to form two new 
districts, to divide one district and attach the territory thereof to adjoining 
districts, or to change the boundary lines of two or more districts, the clerk 
of each district affected shall, on petition of 10 qualified voters of any district 
affected, give notice of an election to determine the question ; each district or 
part of a district affected shall vote separately, and a majority of the votes in 
each such unit shall be necessary to effect the proposed change; if one or 
more districts vote in favor of the change and one or more vote adversely, 
the matter may be referred to the county superintendent, who shall appoint 
four disinterested men to act with himself as a board of arbitration; the 
decision of said board shall be final ; if the districts affected lie in different 
counties, the superintendents of such counties shall jointly appoint such 
board of arbitration. No new district shall be formed and no old district 
shall be left so as to contain fewer than 20 pupils of school age, except that 
islands in navigable streams may be organized with fewer than 20. Whenever 
a new district shall be formed which shall include territory upon which taxes 
are levied to erect or aid in erecting buildings, or if there be an accumulation 
of money or other property from taxes in said territory, the boards of directors 
of districts affected shall meet and divide such money or property equitably; 
if said boards can not agree, either district may appeal to the county super- 
intendent, who shall appoint four persons to act with himself as a board of 



A (f). ADMINISTRATIVE UNITS: DISTEICTS, ETC. 225 

arbitration in tlie matter and amount awarded new district shall be paid by 
old district or districts ; for such purpose old district or districts may levy a 
tax which shall be used by new district for building purposes. When any 
district shall lie partly in two counties, on petition of a majority of the 
qualified voters of either part to divide the district along the county line, an 
election shall be held in such part, and if a majority of the votes cast shall 
favor division, the district shall be so divided and each part shall become a 
separate district ; if the boards of directors can not agree upon a division of 
assets of the old district, the same shall be settled by arbitration as hereinbe- 
fore provided. Hereafter no district shall be formed of parts of two or more 
counties, unless the portion of the district sought to be joined across the county 
line is cut off from the district or districts in the same county by a running 
stream which can not easily be crossed by children. It shall be the duty of 
t^e voters of the newly created district to meet within 15 days after the for- 
mation of such district and organize as in the case of other new districts, 
but children thereof may attend old school until June 1 following. The an- 
nual meeting of each school district shall be held on the first Tuesday in 
April of each year. Potvers of annual meeting: To organize by the election 
of a chairman and a secretary ; choose one director who shall serve for three 
years; fill vacancies for unexpired terms; determine by ballot the length of 
school term in excess of eight months and the tax rate, if any, in excess of 
40 cents on $100; determine by majority vote whether the schoolhouse may 
be used during ensuing year for religious, literary, or other community pur- 
poses ; decide in favor or against any proposed change of boundaries ; direct 
the sale of school property no longer needed for such purpose and determine 
the application of the proceeds ; designate by ballot their choice of a person 
to fill the oflace of county superintendent of schools; determine by ballot the 
rate to be levied to provide site and building; determine, where no school 
site has been selected, the location thereof; change location of the school- 
house, but a majority vote of the resident taxpayers shall be necessary to 
remove schoolhouse nearer to center of district and two-thirds majority shall 
be necessary to remove the same farther from the center. Board of directors 
of every district shall continue the public school eight months in each year, 
but when any district has levied for school purposes (teacher and inciden- 
tals) the maximum levy provided by law and the funds so derived, together 
with the money on hand and the amount received from public funds, are in- 
sufficient to maintain such school for such period, paying the teacher or 
teachers a maximum salary of $40 per month, such district shall receive 
from the State a sum sufficient to make up the deficit; $45 per month may 
be paid second-grade teachers, and $50 first-grade teachers ; no district shall 
receive more than $100 as such aid in any one year. Any district applying 
for such aid shall show that it has an assessed valuation of $50,000 or less ; 
that it made a levy of 65 cents on $100, not more than 25 cents to be used 
for incidentals; that it maintained an average attendance of 15 or more, or 
60 per cent of its last enumeration. Any district paying its teacher a salary 
greater than the maximum herein specified shall forfeit its right to any 
further State aid; no district having less than G square miles of territory 
shall receive such aid under this act. Before making regular apportionment 
State superintendent shall set aside from the public funds a sum sufficient to 
make up deficits reported to him. The government and control of common- 
school district shall be composed of three citizens of the United States, resi- 
dent taxpayers; a qualified voter shall be any person allowed to vote for 
State and county officers and who shall have resided in the district for 30 

3966°— 15 15 



226 STATE LAWS RELATING TO PUBLIC EDUCATION. 

days. The board shall annually elect one of its number president and shall 
also elect a clerk, who shall receive no compensation until all required re- 
ports are made. Remaining directors shall fill a vacancy in the board until 
next annual district meeting, but should they fail to agree or should more 
than one vacancy occur, the county superintendent shall fill the same. When- 
ever any school district, as party of the first part, shall furnish a room or 
rooms suitable for a high school and will agree to seat, equip, heat, and keep 
in order said room or rooms, said district, together with three or more other 
districts as parties of the second part, may unite as a central high-school 
district ; the question of such union may be submitted to the districts severally 
at their annual meetings; if a majority in each district shall favor, the 
central high-school district shall be formed; the directors of the several dis- 
tricts composing the union shall have the management and control of the 
high school ; not more than 20 per cent of the teachers' fund of the composite 
districts shall be set aside to pay teacher or teachers in the high school; 
such high-school teachers must be holders of first-grade county certificates 
or State certificates. Duties of district clerk: To keep records of district 
meetings and of proceedings of directors; make copies of papers relating to 
the business of the district; make annual financial and statistical report to 
county superintendent; procure necessary record books for his office and 
registers for teachers; post all notices required by law or by the board. 
On the order of the board of directors the district clerk shall draw warrants 
on the county treasurer in favor of any party to whom the district has become 
legally indebted, whether for teachers' wages or for material or labor, and 
the said treasurer shall pay the same out of appropriate funds belonging to 
the district, but no warrant shall be drawn in favor of any teacher not hold- 
ing a lawful certificate or not having made required monthly and term 
reports. The county treasurer shall keep for each district a separate account 
for " teachers' fund," " incidental fund," and " building fund." Directors 
may transfer from " incidental fund " amount necessary for ordinary repairs 
or from " building fund " to " incidental fund" any unexpended balance. On 
application of the directors of any district having surplus school funds, the 
county court shall loan such fund for the benefit of such district, but no 
school tax, other than for ineidentalSv shall be levied in such district during 
the time of such loan. 

City, town, cmd consolidated schools. — ^Any common-school district con- 
taining a city, town, or village, the plot of which has been filed in the county 
recorder's office, or any district having 200 or more children of school age, 
may be organized into a town or city school district and as such shall be a 
body corporate; every extension of the limits of such city, town, or village 
shall have the effect of extending the limits of the school district. On peti- 
tion of 10 or more taxpaying voters the board of directors of a common- 
school district or consolidated district entitled to be organized under this 
act shall submit the proposition at an annual or special meeting after legal 
notice; majority of votes cast shall determine. Board of directors shall con- 
sist of six members elected by the qualified voters; term, three years, two 
being elected every year ; a vacancy shall be filled by the remaining directors 
until the next annual meeting ; within four days after election members shall 
meet and elect a president and a vice president, and shall annually elect a 
a secretary and treasurer. When the demands of the district require more 
than one schoolhouse, the board shall divide the district into wards and 
provide a school for each; board may establish schools of higher than ele- 
mentary grade. Any town, city, or consolidated district may be disorganized 
and become a common-school district by a two-thirds vote of qualified electors 



A (f). ADMINISTKATIVE UNITS I DISTRICTS^ ETC. 227 

voting at a duly called meeting. The board of education of any town, city, 
or consolidated district shall have the duties of directors of common- school 
districts, and in addition thereto may establish separate libraries and parks 
and playgrounds for white and colored persons, and may annually expend 
therefor not exceeding $2,500 in cities having 20,000 to 100,000 inhabitants, 
not exceeding $500 in cities of 5,000 to 20,000, and not exceeding $250 in 
cities of 1,000 to 5,000; board may acquire sites therefor by purchase or 
condemnation. Board shall maintain school for not less than 8 nor more 
than 10 months, except for physical training, when term may be 11 months; 
tax rate shall not exceed 40 cents on $100 unless voted by the qualified 
electors. The treasurer shall give bond and shall be the custodian of moneys 
raised by taxation in the district and of moneys collected for liquidating 
bonded indebtedness and interest thereon; moneys received by any county 
or township treasurer for any town, city, or consolidated district shall be 
paid over to the treasurer of such district; treasurer shall annually settle 
with the board, and when such settlement is approved by board he shall 
present the same to the clerk of the county court, whose certificate of cor- 
rectness shall discharge said treasurer from liability. The qualified voters 
of such town, city, or consolidated district shall vote by ballot on all ques- 
tions provided by law for submission to annual school meetings; polls shall 
be open from 7 a. m. to 6 p. m. ; in cities of 1,000 to 100,000 population the 
school election shall be held at the same time and places as the election for 
municipal officers, but separate ballots shall be used. On petition of 10 
voters of any district or part of a district adjoining a city, town, or village 
district an election shall be held in such district to determine the question of 
annexing such district to said city, town, or village district, and a majority 
vote shall determine ; if board of city, town, or village district agrees, such 
adjoining district shall be annexed, but portion of district remaining must 
contain 30 children and $60,000 assessed valuation, or 30 children and 9 
square miles of territory; if an entire district is annexed, its property shall 
pass to city, town, or village district; if only a part is annexed, remaining 
district shall retain all proi)erty. Whenever by the extension of the limits 
of any city, town, or villege a portion of an adjoining district has been in- 
cluded, the remaining part of such adjoining district may elect to become a 
part of such city, town, or village district, or may unite with an adjoining 
common-school district or part of a district. Three or more common-school 
districts, or a village district having fewer than 200 children, and two or more 
adjoining districts may consolidate for purposes of maintaining both primary 
.schools and high schools. No member of any public-school board of any 
city, town, or village having less than 25,000 population shaU hold any office 
or employment of profit while a member thereof, except the secretary and 
treasurer; secretary shall receive not exceeding $150 annually and treasurer 
$50. Said boards and boards of districts having graded schools shall pub- 
lish an annual report, either in a newspaper of the district or by posting In 
five public places. All school districts organized under special charter may 
elect to be governed under the general laws. The directors of any school 
district of any county having township organization may loan the sinking 
fund of such district. The board of education of any city or town district 
having between 5,000 and 1<X),000 inhabitants may by a two-thirds vote 
acquire sites for schoolhouses, libraries, offices, and public parks and play- 
grounds, and may by same vote sell school property. 

See also A (c2), County officers; K (c), Uniformity of textbooks; N (a), 
High schools. 



228 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Montana: Districts having a population of 8,000 or more shall be districts of 
first class; those having 1,000 to 8,000 shall be second class; those having 
less than 1,000 shall be third class. Number of trustees, first class, seven; 
second class, five; third class, three. Every legally constituted district shall 
be a body corporate. On petition of parents or guardians of at least 10 
children 6 to 21 years old residing in proposed district, county superintendent 
shall hold a hearing to establish new district; if a majority of tax-paying 
freeholders residing in proposed district protest, district shall not be formed ; 
if no such protest is filed, county superintendent may establish new district, 
but three resident taxpayers may appeal from county superintendent to 
county commissioners, whose decision shall be final ; new district shall have 
an assessed valuation of at least $10,000 and at least 10 census children, and 
an assessed valuation of at least $15,000 must be left in old district When 
new district is formed trustees of old district shall continue in office in the 
district of their residence and county superintendent shall appoint sufficient 
members to make a full quota in both old and new. No money of old dis- 
trict shall be apportioned to new until school shall have been taught in the 
latter for at least one month; if school is not opened within eight months 
formation of new district is void. Funds of old district shall be apportioned 
between old and new in proportion to school census; sites, buildings, and 
furniture shall be property of district where situated. When any district 
has more than one schoolhouse, on petition of a majority of school electors 
residing in a portion of such district which has a schoolhouse to divide dis- 
trict district trustees may approve or deny petition and they shall report their 
decision to county superintendent; if approved by trustees, county superin- 
tendent may divide district; three resident taxpayers in old or new district 
may appeal from decision of trustees to county superintendent and from 
such superintendent to county commissioners. After such division, county 
commissioners shall apportion amount of indebtedness not covered by sinking 
fund between old and new districts in proportion to value of school property 
in each; trustees of new district shall issue warrants bearing interest at 6 
per cent for its share of indebtedness and county commissioners shall levy 
tax in such district to pay such principal and interest, or trustees of new 
district may issue bonds to pay such warrants. No territory included within 
limits of an incorporated city or town shall be included in any new district 
provided for in this act. Boundaries of a district may not be changed, ex- 
cept in forming new district, unless majority of resident freeholders residing 
In territory which it is proposed to change petition county superintendent. 
On petition of majority of resident freeholders of districts affected, county 
superintendent shall order an election to determine question of consolidation 
of such districts; majority vote determines; if vote carries, superintendent 
shall order formation of district and appoint three trustees to hold until first 
Saturday in April ; at regular election three trustees shall be chosen, one for 
one year, one for two years, one for three years ; property of original districts 
shall vest in consolidated district and indebtedness shall be assumed by such 
consolidated district. Joint districts lying partly in one county and partly 
in another may be formed similarly to other districts, except that petitions 
shall be filed with superintendent of each county affected. 

Se also A (c2), County officers; A (d), District boards and officers; N (a). 
High schools; U (e). Schools for dependents and delinquents. 

Nebraska: "School district" shall mean the territory under the jurisdiction 
of a single school board. Every district shall be a body corporate. Each 
county not already divided into school districts shall be divided by county 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 229 

superintendent. New districts may be formed under following conditions 
only: County superintendent may create a new district from organized dis- 
tricts upon petition by one-tbird of voters of eacb district affected; county 
superintendent may cbange boundaries of any district upon petition by one- 
half of voters of eacb district affected, and may also annex to any district 
any unorganized territory upon petitions by one-balf of voters of district and 
of territory affected; upon petition by any freeholder to a board consisting 
of county superintendent, county clerk, and county treasurer, the land of 
such freeholder may be set off from one district and attached to another, if 
it can be shown that a school child resides on such land, that such child is 
more than 2 miles from schoolhouse in his own district, and schoolhouse in 
adjoining district is one-half mile nearer; county superintendent shall not 
refuse to change boundary line of any district, or to organize a new district, 
or to annex unorganized territory to an existing district, when petitioned 
to do so by two-thirds of voters of each district or territory affected ; changes 
affecting cities shall be made upon petition of board of education of district 
or districts affected; two districts may be made from one upon petition by 
majority of voters in each district proposed; one district may be discon- 
tinued and its territory attached to adjoining districts upon petition by one- 
half of voters in each district affected ; " voters " shall mean those qualified 
to vote for school officers; no new district shall be formed between first Tues- 
day of April and first day of October, but this does not apply to change of 
boundaries nor to consolidation ; no new district shall contain less than four 
sections of land nor any district reduced below that area, unless it shall con- 
tain property assessed at not less than $15,000. When watercourses make it 
impracticable to form districts containing four sections, county superin- 
tendent may form districts with less than four sections without regard 
to valuation and may make other changes in districts on account of water- 
courses, but no child shall, as a result of such change, live more than 2i 
miles from nearest schoolhouse; county superintendent shall file in his 
office all petitions granted for change of boundaries or creation of new dis- 
tricts. Whenever a new district is created, county superintendent shall de- 
liver to a taxpayer of such district a written notice thereof, and said tax- 
payer shall notify voters of new district of time and place of school meeting ; 
said taxpayer shall certify such notification to county superintendent. New 
districts shall be entitled to proportionate share of proceeds of school prop- 
erty of old districts and shall share in the indebtedness of such districts made 
prior to the formation of such new district. County superintendent shall 
notify county clerk and county treasurer of all district changes. Whenever 
a district is dissatisfied with the division of school property, as made by the 
county superintendent, the matter may be referred to three disinterested per- 
sons, not residents of interested districts, one to be chosen by school board 
of each district and these to choose a third, and the decision of any two shall 
be final ; each arbitrator shall receive $2 per day for time thus employed, to 
be paid equally by districts. When persons living in two or more counties 
desire to form a district, the same may be authorized by superintendents of 
the affected counties. lu case the number of voters in any district becomes 
less than three the county superintendent shall act as the third officer of 
such district. Any district having less than two voters may, upon petition of 
majority of adjoining districts, be annexed to such districts; any district 
which shall fail to maintain a school for two consecutive years shall be an- 
nexed to another district; county superintendent shall adjust the affairs of 
such dissolved districts, giving bond for same and filing report of same with 
court ; court may award to county superintendent compensation for such work. 



230 STATE LAWS EELATIKG TO PUBLIC EDUCATION. 

Districts containing three or less sections of land may petition county super- 
intendent, county clerk, and county treasurer to make necessary boundary 
changes. 

Any district containing more than 150 children between the ages of 5 and 
21 years may elect a district board consisting of six trustees, if so determined 
by the majority of the voters at an annual election; two trustees shall be 
elected each year; term, three years. Within 10 days after election trustees 
shall file a written acceptance with director; trustees shall annually elect 
from their number a moderator, a director, and a treasurer, and may fill any 
vacancy in their number ; in case trustees fail to elect oflQcers, county super- 
intendent shall appoint such officers from the members of board of trustees. 
Board of trustees shall have like powers and duties as district school boards ; 
tax levy for maintaining schools in such districts shall not exceed, in any one 
year, 35 mills on the dollar. 

The territory embraced within the incorporated limits of each incorporated 
city or village having a population of more than 1,500 inhabitants, including 
such adjacent territory as may be attached for school purposes, shaU con- 
stitute one school district; such district shall be a corporate body; but any 
territory not included in the corporate limits of any village or city and con- 
taining territory or children sufficient to constitute a school district may, 
by a majority vote of electors of such territory and a majority of board of 
education of such city or village, be, by the county superintendent, erected 
into a separate district. Schools of such cities and villages shall be under 
the control of boards of education ; shall be free to all children between ages 
of 5 and 21 years whose parents live within limits of such districts; shall 
be free to nonresident children who are allowed by law to attend the schools 
without charge. Board of education shall consist of six members, two 
elected each year, term three years; in cities of first class having 5,000 to 
40,000 inhabitants, boards may consist of nine members, three elected each 
year, term three years; for any city of 40,000 to 100,000 inhabitants there 
shall be a board of six members, two elected every two years, term six years. 
Ballots for school elections of every nature shall be deposited in boxes 
specially prepared for that purpose and be received and returns made by 
the regular election board ; returns for election of members shall be canvassed 
in same manner as in case of city officers ; the returns for issuance of bonds, 
purchase of sites, and erection of buildings shall be made to and canvassed 
by board of education. All persons elected board members shall take oath 
of office. Meeting shall be held monthly, but siDecial meetings may be held; 
meetings shall be open to public unless otherwise ordered. Boards shall have 
power to elect own officers and make their, own rules, but no member, except 
secretary, shall receive compensation; secretai-y shall receive not more than 
$720 per annum, but such limit shall not apply to cities of from 40,000 to 
100,000 inhabitants ; board shall elect a superintendent for term not to exceed 
three years and fix his salary. Secretary of board shall give bond in sum 
not less than $1,000 and shall take oath of office; city treasurer shall be ex 
officio treasurer of district and shall make reports to board, and shall give 
required bond. Vacancies in board shall be filled by remaining members for 
period until next regular election. A majority of members shall constitute 
a quorum ; members may compel attendance of board sufficient for a quorum. 
All accounts shall be audited by secretary and approved by committee on 
claims; expenditures greater than $200 shall be voted by board; accounts 
shall be subject to examination of city auditor, who shall report the same to 
the city council. Board shall annually have census taken of children from 
5 to 21 years old and report the same to the county superintendent. It shall 



A (f). ADMINISTKATIVE UNITS: DISTRICTS, ETC. 231 

be unlawful for any board member to be interested in any school contract. 
No school property shall be sold except by vote of two-thirds of all board 
members. City districts may issue bonds and create sinking fund for the 
redemption of same. The aggregate of school tax, exclusive of school-bond 
taxes, shall in no year exceed 35 mills; bonds shall bear rate of interest 
not exceeding 6 per cent per annum ; no bonds shall be issued nor the ques- 
tion of issue be submitted to the voters without consent of two-thirds of 
board members, and shall not be sold below par ; a majority vote of electors 
shall be necessary to issue bonds ; if bond election be submitted at a special 
election in cities over 25,000 population, it shall require to carry the same a 
two-thirds majority of the votes cast. All moneys set aside for sinking fund 
shall be invested in the purchase and redemption of bonds of the school dis- 
trict, in bonds of county in which city is located, in State bonds, in United 
States bonds, or in bonds of city. Bonds may be purchased before maturity. 
All taxes collected for school purposes shall be paid in money. 

Under following conditions school children may be transferred to an adjoin- 
ing district if such children reside more than IJ miles from the schoolhouse 
in their own district and one-half mile nearer to schoolhouse in adjoining 
district : Application for transfer must be approved by county superintendent 
and board of adjoining district; such children shall be enumerated for school 
purposes in said adjoining district; school taxes, except those for paying 
bonds or interest thereon, shall be paid to adjoining district; land, not ex- 
ceeding a quarter section, belonging to parents of such children, shall be 
taxed by adjoining district at same rate as other land therein. Children 
may retransfer to home districts. Parents of pupils transferred to an adjoin- 
ing district may vote in such district on all matters except that of issuing 
bonds. Board of education of a city or trustees of a high-school district, by 
a two-thirds vote of those present at any annual or special meeting, are em- 
powered to provide transportation of pupils to school when distance shall 
make attendance impracticable otherwise. The trustees of a high-school dis- 
trict or a district-school board, when outhorized by two-thirds vote at any an- 
nual or special meeting, may contract with board of neighboring district for 
instruction of transferred pupil and provide transportation for the same ; dis- 
tricts providing instruction for their children in neighboring districts shall 
be considered as maintaining a school as required by law; teacher of such 
transferred pupils shall make a report of such children to the director of 
district from which transferred. It shall be unlawful for any public-school 
pupil to be a member of any school fraternity; nor shall any person enter 
school grounds or schoolhouses for the purpose of soliciting pupils to become 
members of such fi'atemities ; a pupil may be expelled for being a member of 
such fraternity, and any person may be fined for soliciting members for such 
organizations. 

See also B (e), State aid for elementary education; N (a), High schools. 

Nevada: Every village, town, or incorporated city shall constitute but one 
school district; districts employing 10 or more teachers shall be known as 
first class; others, second class. First-class districts may appoint city super- 
intendents, term one year, except after one year's service in such position, 
when election may be made for four years; city superintendent may be re- 
moved for cause. County conmiissloners may create new school districts 
upon petition of parents of five school children ; said petition shall describe 
boundaries of proposed district, to conform to government survey lines when 
practicable: Siiid commissioners may create new districts from other dis- 
tricts upon vote of three-fifths of electors of districts affected ; an act creating 



232 STATE LAWS RELATING TO PUBLIC EDUCATION. 

a new district shall be void if school shall not commence in the same within 
120 days after act creating same ; no district thus created shall exceed in size 
16 miles square. Only one district shall be created or shall exist in any 
community containing no more than 20 census children, all of which reside 
within 3 miles of schoolhouse; districts existing in nonconformity with this 
provision shall be consolidated, and deputy superintendent shall locate school 
in such district. No district shall receive county funds unless it contains at 
least five census children, and no State funds unless three such children. 
A joint school district may be formed of parts of two or more counties upon 
petition signed by a majority of electors of territory affected. State superin- 
tendent shall appoint trustees of joint districts, and shall apportion funds to 
such districts as follows : In apportioning 60 per cent of county fund of any 
county, joint district shall receive the regular amount per census child resid- 
ing in that county; in apportioning 40 per cent of county fund he shall con- 
sider teacher as belonging in part to each county, part of which lies in joint 
school district, and the part belonging to any county will be in proportion to the 
number of census children in that county ; 30 per cent of the State fund shall 
be apportioned In like manner as the 60 per cent of the county fund, and 70 
per cent of the State fund as the 40 per cent of the county fund. On the 
recommendation of deputy superintendent, trustees of contiguous districts 
may unite such districts and establish a union school, which shall be con- 
trolled by a joint board composed of the trustees of the combined districts ; 
union districts may be dissolved by mutual consent, provided no indebtedness 
exists and due notice of such proposed dissolution shall have been given. 
Board of county commissioners, on the recommendation of the deputy superin- 
tendent, without formal petition, may enlarge districts to include five census 
children and to consolidate two or more districts; in such consolidated 
school deputy superintendent shall appoint trustees and determine location 
of schoolhouses. State superintendent shall semiannually set aside from the 
State fund before apportioning the same an emergency fund of $3,000, which 
shall be distributed, as far as needed, to those districts formed after the 
regular apportionment of State fund, and shall be apportioned to such dis- 
tricts on the basis of one teacher to every 50 census children or fraction 
thereof, and not more than $250 to any one teacher; such emergency fund 
shall be used only for teachers' salaries; only one apportionment shall be 
made to the same district; orders on emergency fund shall be approved by 
State board of education. County commissioners may transfer from the 
county general fund to the county school fund of any district in such county 
such sum of money as may be deemed necessary in addition to that provided 
by law. 

New Hampshire: Each town shall constitute a single district for school pur- 
poses, but districts organized by special acts of legislature may retain present 
organization ; " town " shall be held to mean district ; districts shall be 
corporations. Each district may determine upon what terms nonresident 
pupils may be admitted into its schools. Every district situate in two or 
more towns shall receive its proportion of all school funds from such towns. 
Any special school district may be dissolved by a majority vote of electors 
present and voting at a legal meeting and be united with the town district; 
own district shall take possession of school property of dissolved district 
and shall levy a tax on town district to pay for same; if dissolved district 
is formed of parts of two Oi.' more towns, an equitable apportionment of its 
assets and liabilities shall be made by a joint board of selectmen of towns 
affected; in case joint board makes ho apportionment within 60 days, any 



A (f). ADMINISTRATIVE UNITS! DISTRICTS, ETC. 233 

taxpayer within district may petition a judge of supreme court to appoint 
a referee for such purpose. The corporate powers of a district shall con- 
tinue for purpose of setting up its affairs and of holding, managing, and 
enjoying any property held by it in trust, notwithstanding its dissolution, 
but school board of town district shall act as agent in expending income 
of such trust property devoted to support of public schools; such trust 
income shall be used only to supplement the regular school funds; any 
justice of the peace may, upon application of three or more voters of dis- 
solved district, call a meeting thereof for transacting business in connec- 
tion with trust funds. If any special district shall vote to unite with town, 
and town shall vote to receive such district, the town shalf support within 
such special district a high school of not less than 34 weeks per year if 
such special district has maintained a high school for the five years preced- 
ing; said high school shall be open to all qualified scholars of town. When 
it is desired to sever a part of any town therefrom and annex it to another 
town, any person interested may present a petition to the selectmen of the 
towns affected; to transfer such territory a majority of each board of 
selectmen shall vote therefor; upon proper proceedings such territory may 
be restored to town or district from which severed; annexation of territory 
under this act shall have same force and validity as if made by a special 
act of the legislature. Upon petition to selectmen of a town, and due notice 
given, parts of any district may be added to another district in same town 
upon majority vote of selectmen and of each of school boards Interested. 
Any offender against such by-laws may be sentenced to pay a fine and to be 
committed to the industrial school; court or justice may remit such fine 
when offender is unable to pay it and may discharge him from industrial 
school if he has been committed there for nonpayment thereof; any such 
offender may give bond in sum of $25, conditioned to attend regularly some 
school in district and comply with regulations thereof, whereupon fine may 
be remitted. Any school district may, by vote or by law, establish and 
maintain a high school in which higher English branches and the Latin, 
Greek, and modern languages may be taught. Two or more adjoining dis- 
tricts in the same or different towns may jointly establish and maintain a 
high or other public school. Upon petition of 5 per cent of voters of any 
city or town having more than 5,000 inhabitants, there shall be established 
and maintained therein evening schools for persons over 14 years of age; 
school board shall also superintend evening schools. Towns may establish, 
equip, and maintain public playgrounds. 

See also B (a). General State finance and support; D (a), Buildings and 
sites, general; N (a). High schools. 

New Jersey: School districts. — Each township, city, incorporated town, and 
borough shall be a separate school district. When a new district is 
created the board of such district in its corporate capacity shall become 
vested with title to all school property therein, shall assume indebtedness on 
such property, and shall receive proportionate share of assets of old dis- 
trict; whenever a municipality or part thereof shall be annexed to another 
municipality, indebtedness on school property situated in such transferred 
territory shall be assumed by municipality acquiring such territory. State 
appropriation and State school tax shall not be apportioned to any district 
which has not maintained a public school for at least nine months during 
preceding year, but commissioner of education may, for good cause, remit said 
penalty. 



234 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Tovmships, incorporated, towns, and 'boroughs. — Board of education in each 
townsliip, incorporated town, and* borough school district shall consist of 
nine members, except as hereinafter provided, three members to be chosen 
at each annual school meeting, to serve three years. If said board shall deem 
it for the best interests of the schools that number of board members be 
decreased, district clerk shall, when directed by said board, insert notice 
to such effect in call for annual meeting ; number of members may be reduced 
to five or three by vote of such meeting. Every male citizen of the United 
States having qualifications required for electors for the legislature shall be 
eligible to vote at school elections; every female citizen of United States of 
age of 21 years or over possessing qualifications respecting residence required 
of male voters shall be eligible to vote at school elections on all questions 
except for members of board of education. A member of a board of education 
shall have been a citizen and resident of the district for at least three years 
immediately preceding his or her election, shall be able to read and write, 
and shall not be interested in any contract with nor claim against said board. 
Each board of education shall be a body corporate. The president or vice 
president of any such board who refuses to perform any duty imposed by 
law may be removed by a majority vote of all members of the board. Powers 
of board of education: To fill any vacancy in such board until next election ; 
employ and fix salaries of principals, teachers, janitors, mechanics, and labor- 
ers; make by-laws not inconsistent with provisions of law; purchase, sell, 
and improve school grounds and erect, lease, enlarge, improve, repair, or 
furnish school buildings, and borrow money therefor ; but any such act must 
be authorized by a vote of legal voters of district; take and condemn prop- 
erty for school purposes when authorized by vote of the district ; insure school 
property and hold property in trust for benefit of schools; enforce rules of 
State board of education ; select textbooks ; in connection with county sux)er- 
intendent, prescribe course of study ; suspend or expel pupils from school ; 
provide textbooks and supplies; call meetings of voters when interests of 
schools shall demand ; permit use of school property for educational meetings, 
public-library purposes, holding elections, and for social, civil, and recrea- 
tional purposes; make annual report to county sui>erintendent. Said board 
may appoint and fix salary of a supervising principal, but such appointee 
shall hold either a State or first-grade county certificate ; no such appointment 
shall be made until authorized by county superintendent and approved by 
commissioner of education and State board of education; salary of such super- 
visor shall be at least $1,000 per year; boards of education of two or more 
districts may unite in employing such supervisor. No teacher shall be 
appointed, dismissed, or transferred, nor amount of his salary fixed, and no 
school term shall be determined, nor course of study adopted or altered, nor 
textbooks adopted, except by majority vote of whole number of members of 
such board. Said board shall meet at least once in two months. Said 
board shall, by a majority vote of entire membership, appoint a district clerk, 
who may be a member of said board, and shall fix his salary. Such clerk 
shall execute a bond as required by board ; shall keep a record of business of 
said board. Any board member who shall fail to attend three consecutive 
meetings may be removed by said board. Boards of education in each county 
shall meet semiannually at places and times designated by county superin- 
tendent. The legal voters of each township, incorporated town, or borough 
may, by vote of majority of those present, raise by a special district tax money 
for school purposes. Legal voters of any incorporated school district may, 
at any annual meeting or special meeting called for such purpose, by vote 



A (f). ADMINISTEATIVE UNITS: DISTRICTS^ ETC. 235 

of majority of ballots cast, issue bonds to acquire land, erect or alter school 
buildings, and equip the same ; such bonds shall not run longer than 30 years, 
shall bear interest not to exceed 6 per cent per annum, and must be sold not 
below par; voters may vote to renew such bonds; such bonds shall be a 
lien on the real estate situated in said district and the personal estates of 
' inhabitants thereof, as well as the property of said district ; a tax shall be 
levied to pay interest on such bonds and to redeem bonds as they mature; 
district clerk shall make annual report to commissioner of education relative 
to interest-bearing debt of such district; any notes lawfully issued by any 
board of education may be redeemed by issuance of bonds when such action 
is lawfully authorized. Two districts may consolidate by a majority vote 
of each district; board of education of each such district shall elect four of 
its members to serve on board of consolidated district, and the ninth member 
shall be chosen from the district employing the greater number of teachers; 
if board of any district so uniting with another district shall have only three 
board members, entire board shall be a part of board of consolidated dis- 
trict ; board of consolidated district shall be a corporate body. 

City districts. — In every city school district, except where the electors 
have voted otherwise as provided by law, and in every township, incorporated 
town, or borough school district accepting the provisions of this article, the 
board of education shall be appointed by the mayor or other chief executive 
officer; said board shall consist of five members, except in districts contain- 
ing 45,000 inhabitants or upward, in which case board shall consist of nine 
members; in the case of boards of five members, one member shall be ap- 
pointed each year to serve five years, and in the case of nine members, three 
members shall be appointed each year to serve three years; a member of 
any such board shall have been a resident of district for at least three years 
immediately preceding appointment, and shall be able to read and write; 
any such member may, for failure to attend three consecutive meetings of 
board without good cause, be removed ; board members shall receive no com- 
pensation for their services; such board shall be a corporate body. Said 
board may condemn property for school purposes ; shall be vested with school 
property; shall have control of schools; and may appoint and fix salaries of 
a superintendent of schools, officers, and other employees, and shall make 
necessary rules; shall advertise for proposals for furnishing supplies and 
erecting or repairing school buildings, but supplies amounting to less than 
$250 and repairs amounting to less than $500 may be contracted for without 
so advertising; textbooks and kindergarten supplies may be purchased with- 
out so advertising; such board shall annually publish report relative to 
schools ; such board may borrow money not exceeding one-half of appropria- 
tion, and may issue notes for the same, notes to bear not exceeding 6 per 
cent interest. Secretary of such board shall keep record of business of the 
board; shall make monthly reports to the board. Superintendent of schools 
shall be appointed by a majority vote of all members of board; shall receive 
salary as fixed by board; may be removed by majority vote of all members 
of board; shall have a seat in said board and right to si)eak on all educa- 
tional matters, but shall not have right to vote. Said board may, on nomina- 
tion of said superintendent, appoint assistant superintendents and fix their 
salaries. Duties of superintendent of schools: To have general supervision 
over schools ; may appoint clerks in his office, but number of clerks and their 
salaries shall be fixed by board; make annual report to commissioner of 
education. No principal or teacher shall be appointed, transferred, or dis- 
missed, nor amount of his or her salary fixed, and no school term shall be 



236 STATE LAWS EELATING TO PUBLIC EDUCATION. 

determined, nor shall any course of study be adopted or altered, nor text- 
books selected, except by majority vote of whole membership of board. 
Superintendent of schools may, with approval of president of board, suspend 
any assistant superintendent, principal, or teacher, but such suspension shall 
be reported to board for final disposition. Said board may appoint and fix 
salary of a business manager, who shall have a seat in said board but shall 
have no vote. Said business manager shall have charge and care of school 
buildings and other school property; shall cause plans and specifications of 
buildings to be drawn, same to be approved by board; shall supervise con- 
struction and repair of school buildings. In every city school district the 
board of education shall appoint two of its members and the common council 
or other like body shall appoint two of its members, and the four persons so 
appointed, together with mayor of city, shall constitute board of estimate; 
secretary of board of education shall be secretary of board of estimate ; board 
of estimate shall annually make estimate of moneys required for school 
purposes; common council or other like body shall levy required amounts, 
but such levy in excess of three-fourths of 1 per cent shall not be made ex- 
cept with consent of said common council or like body ; these provisions shall 
not set aside restrictions placed on any city by its charter. When lands or 
buildings are needed for school purposes, board of education shall certify 
such needs to board of estimate ; board of estimate shall in turn certify such 
needs to the common council or other like body, who shall levy and collect 
necessary amount; money may be borrowed for such purposes and bonds 
issued therefor, bonds to run not exceeding 50 years and to bear interest not 
to exceed 5 per cent per year ; bonds shall be sold for not less than par ; such 
city shall levy a tax to pay such interest and to create a sinking fund for 
redemption of bonds; such bonds shall not exceed in amount 3 per cent of 
taxable property of such city, except with consent of common council or 
other like body, whereupon such maximum amount may be increased to 5 
per cent of such property ; these provisions shall not remove any restrictions 
imposed upon any city by its charter. Whenever any township shall have 
accepted the provisions of this article the township committee shall be 
deemed to be a body to make appropriations of money raised by taxes, and 
the chairman of such committee shall be the executive ofllcer of the town- 
ship; moneys raised by township for purposes herein provided shall not 
exceed three-fourths of 1 per cent, except with consent of such committee; 
money may be borrowed by such township and bonds issued therefor ; bonds 
shall run for no longer than 50 years, shall bear interest not to exceed 5 per 
cent x>er annum, and shall be sold not below par; a tax shall be levied to 
pay interest on bonds and to redeem such bonds. In every incorporated 
town school district having population of 10,000 or more which has not 
adopted provisions of this article, the mayor or other chief executive officer 
shall appoint a board of education of five members; one member appointed 
each year, to serve five years. 

See also S (b), Public-school libraries. 

New Mexico: Each school district shall be a body corporate. When a new 
district shay be formed in any county, the county superintendent shall, within 
15 days thereafter, post a notice of the fact and call a meeting within such 
district for the election of school officers ; in case such officers are not elected, 
county superintendent shall appoint the same. The words "district" or 
" school district " shall include cities, towns, and villages, and districts out- 
side of such municipalities. The boundary lines of all districts shall be located 



A (f). ADMIKISTRATIVE UNITS: DISTRICTS^ ETC. 237 

•by the county surveyor of each county at the request of the county superin- 
tendent. Any district may take and hold in its corporate name so much real 
estate as may be necessary for the location and construction of a schoolhouse, 
but such land when taken without the consent of the owner shall not exceed 
1 acre ; such site must be situated on some public thoroughfare. 

Whenever it is desired to form a new district, a petition and statement of 
facts signed by a majority of the legal electors residing within the proposed 
district shall be presented to the county superintendent; said petition shall 
accurately describe the boundaries of such proposed district, and shall contain 
names and ages of school children residing therein. No district shall be created 
or divided unless there be at least 25 school children in the new district and at 
least 25 school children remaining in the district or each of the districts from 
which such district is taken, but a school board may maintain more than one 
school in its district. Upon receipt of such petition and statement by the county 
superintendent, he shall create such new district, and shall appoint three persons 
as a board of directors, who shall serve until next regular election. After dis- 
charging the indebtedness of old district that is chargeable to common-school 
fund, if any balance remains the county superintendent shall divide the same 
between the old district and the new in proportion to school children in each ; 
all other resources shall be divided by the county superintendent and county 
commissioners between the old district and the new in proportion to the 
assessed taxable property in each. County superintendent shall consolidate 
districts on the presentation of separate petitions signed by the majority of 
the electors residing in the respective districts affected; he shall also attach 
territory to a district on the presentation of separate petitions signed by the 
majority of electors residing in the districts affected. The territory of no dis- 
trict shall be so reduced as to make its bonded indebtedness exceed 4 per cent 
of its assessed valuation. Whenever the number of school children in a dis- 
trict has been reduced below 15 from causes over which the county superin- 
tendent has no control, and such conditions seem likely to remain permanent, 
said superintendent may disorganize such district and attach the territory 
to the district or districts adjacent thereto; such disorganized district shall 
remain responsible for any bonded indebtedness which it may have incurred. 
Appeal may be made from the decision of the county superintendent concern- 
ing the organization, disorganization, or change of any boundary line of a 
district to the board of county commissioners, and the decision of said board 
shall be final. The boundary lines and corners of all school districts shall be 
accurately located by the county surveyor, the cost of such proceedings to be 
paid by the county at no more than $50 per school district. 

See also C (b), Local bonds and indebtedness; D (a), Buildings and sites, 
general. 

New York: School districts. — ^All school districts formed by special laws or by 
general provisions are hereby continued. A district superintendent may 
organize a new school district out of territory of one or more districts in 
his supervisory district ; any outstanding indebtedness against any district so 
altered shall remain a charge against the territory which composed such 
district regardless of such change. The district superintendents of any two 
or more adjoining supervisory districts may form joint districts out of ad- 
joining parts of such supervisory districts. School districts shall be properly 
recorded and numbered. With the written consent of trustees, or of boards 
of education and trustees, the district superintendent may alter the boundaries 
of such districts. If trustees of any district affected refuse to consent to 



238 STATE LAWS RELATING TO PUBLIC EDUCATION. 

alteration of boundary lines, the district superintendent may file witti the 
town clerk his order making such alteration and shall hear objections to such 
alteration; the trustees of any district affected may request the supervisor 
and town clerk of the territory affected to be associated with the district 
superintendent ; appeal may be taken from decision of district superintendent 
and his associates. Joint districts may be altered or dissolved by vote of dis- 
trict superintendents having control of same. A district sui>erintendent may, 
with consent of trustees of districts affected, dissolve one or more common- 
school districts and add their territory to that of a union free district if 
such union district is not coterminous with an incorporated village or city; 
may, with consent of boards of education of districts affected, dissolve a 
union free district and add its territory to that of an adjoining union free 
district ; may dissolve one or more districts and form a new district of their 
territory. Two or more common-school districts may be consolidated, or two 
or more union free districts may be consolidated, or common and union free dis- 
tricts may be consolidated, by a vote of the electors of districts affected ; such 
vote shall be taken after due notice and upon petition by two-thirds of voters 
of each district affected if such district shall contain fewer than 15 voters, 
and if it shall contain 15 or more voters, by petition of 10 or more such 
voters ; the district superintendent shall, when districts are consolidated, issue 
an order to that effect. A consolidated district shall receive the full quotas 
of public funds of the districts composing such consolidated districts just 
as though consolidation had not been effected ; such funds may be applied to 
payment of transportation of pupils, salaries of teachers, and maintenance of 
school. When any district is dissolved and annexed to adjoining districts or 
consolidated with one or more districts, the bonded indebtedness of such district 
shall become a charge against the enlarged district ; a tax shall be levied by 
such enlarged district to pay such bonds and interest thereon as same shall 
become due. Any dissolved district shall continue to exist in law for pur- 
pose of paying its just debts; records of dissolved districts shall be pre- 
served in the office of town clerks. When two or more districts shall be 
consolidated, the new district shall possess all property rights of annulled 
districts. When a district is divided into portions, which are annexed to 
other districts, the property of such district, after debts are paid, shall be 
divided among the taxpayers of such district in the ratio of their assess- 
ment; any school funds of such district shall be divided equitably among 
the districts containing the parts of such divided district. Upon the written 
request of 15 voters of any school district, the question of creating such dis- 
trict a union free district shall, upon due notice, be submitted to the voters 
of such district. Uix)n the petition of 15 voters of each of two or more ad- 
joining districts, the question of uniting such districts into a union free dis- 
trict shall be submitted, upon due notice, to the voters of such districts. 
Upon petition of at least 15 resident taxpayers of a union free district, such 
district having been established one year or more, the question of dissolution 
of such district and reorganization as one or more common-school districts 
shall be submitted to voters of such union district; if such dissolved union 
district shall have been formed by consolidation of two or more districts, 
the district superintendent may order the reestablishment of such districts; 
the property of such dissolved union district shall be equitably divided among 
districts resulting from such dissolution; if the district superintendent shall 
not approve the proceedings in the dissolution of any union district, or other 
meeting shall be held for the purpose within three years from time of first 
meeting; said district superintendent shall, when he approves dissolution of 
such union free district, certify same to union district board of education, 



A (f). ADMINISTRATIVE UNITS I DISTRICTS, ETC. 239 

who shall report same to commissioner of education. The property of every 
school district shall be exempt from taxation. 

Temporary school districts may be established outside of cities and union 
free districts for purpose of maintaining schools in camps and other places of 
temporary habitation; such temporary districts shall be established by the 
district superintendent of the supervisory district in which such camps or 
other places of temporary habitation are located ; the district quota for such 
district shall be $125; such money shall be used for teachers' salaries; each 
such district shall have a trustee appointed by the district superintendent, 
and such trustee shall appoint a district clerk and treasurer ; treasurer shall 
give bond ; schools in such districts shall be under supervision of the district 
superintendent, subject to rules and regulations of commissioner of educa- 
tion ; trustee shall employ teachers for schools of such district ; cost of main- 
taining schools in temporary districts, exclusive of public-school moneys, shall 
be met by State appropriation where such camps exist for State pubUc works, 
but such additional cost shall be met by the municipahty where such camp 
exists for municipal public works. Commissioner of education shall make 
regulations for schools in temporary districts. 

Rural schools. — Commissioner of education may lay out in any territory, 
exclusive of a city, school districts convenient for attendance of pupils and 
of suitable size to be known as central rural school districts; instruction in 
schools of such districts shall be similar to that given in common schools and 
in high schools, including agriculture. Whenever 15 residents who are tax- 
payers shall petition, an election shall be held for purpose of determining the 
question of a central school ; such central districts shall have the customary 
district officers. Central districts shall have same powers and be subject to 
same limitations as union free districts. The central district shall receive 
from the State the amount of money on basis of attendance paid to common- 
school districts included therein. The commissioner of education may require 
transportation of children in such central districts, the same to be a charge 
against the district. 

Each district superintendent of a district adjoining any other State may, 
with approval of commissioner of education, set off by itself any neighborhood 
adjoining such State where it shall be more convenient to send children to 
school in such adjoining State. 

Contracts. — ^Any school district may by a majority vote of voters present 
and voting at any district meeting (1) contract for education of all its 
children in another district or city instead of maintaining a home school, or 
(2) contract for education of part of such children in some other district 
and maintain a home school. Any district so contracting to send all of its 
school children to another district (school to continue at least 160 days) shall 
receive apportionment of one district quota; if sending at least 12 children 
to another district and maintaining a home school, one teacher's quota in 
addition to district quota ; no district operating under contract system shall 
receive a greater apportionment than will pay total expense of tuition and 
transportation. 

See also A (b2), State officers; A (d), District boards and officers; A (e), 
School meetings, elections, etc.; C (a), Local finance and support, general; 
D ( a ) , Buildings and sites, general ; G ( c ) , County and local normal school. 

North Carolina. See A (cl). County boards; A (d). District boards and 
officers; C (a), Local finance and support, general. 

North Dakota: Com.monrschool districts. — Each school district shall be a public 
corporation. Unorganized territory shall be organized into a school district by 



240 STATE LAWS EELATING TO PUBLIC EDUCATION. 

county commissioners on petition of one-third of the residents of such terri- 
torj^ having care of one or more children of school age, but such district shall 
consist of not less than one congressional township and shall have at least 
$12,000 of taxable property and at least 10 children of school age. If a por- 
tion of a school district having not more than 10 children of school age is 
separated from another portion by natural obstacles, county commissioners 
may annex such portion to an adjoining district ; whenever portions of a dis- 
trict lie in two or more civil townships, there may be created therefrom two 
or more school districts, following the boundary lines of congressional town- 
ships or lines of Government survey. If a town or village not organized as 
a special district is divided by a township line or county line, such town or 
village may be incorporated in a single district. In any county, if a town- 
ship having less than 15 persons of school age, by reason of irregular bound- 
ary lines, contains less than 12 square miles, it shall constitute a portion of 
an adjacent district. County commissioners and county superintendent may 
change boundaries of any district or consolidated districts if petitioned by a 
majority of voters. County commissioners and superintendent may organize 
a new district when petitioned by a majority of voters of districts affected 
and by three-fourths of voters in territory to be organized, but such new dis- 
trict must have at least $20,000 of taxable property and contain at least 12 
children of school age. When a district is proposed to be organized or 
changed County superintendent shall give 30 days' notice before action is 
taken on the same. When a district lies in two or more counties action taken 
thereon shall be concurrent action of commissioners of counties affected. 

Independent districts. — Whenever one-eighth of the legal voters of any 
city organized for school purposes shall petition the mayor and council, 
said mayor and council shall submit to the legal voters of such city the 
question of constituting an independent district; a majority of votes cast 
shall determine. Board of education shall consist of one member from each 
ward and one additional member from the city at large when the number of 
wards is even or two additional members when the number of wards is odd; 
term, three years; overlapping tenure. Board shall be a body corporate; 
shall have control of school property and the public schools ; members shall 
receive no compensation. Regular monthly meetings shall be held; special 
meetings may be called. Duties of hoard: To maintain necessary schools; 
provide books for indigent pupils, supplies, and fuel; see that ordinances of 
the city council relating to school property are observed; employ and pay a 
superintendent and teachers for terms not exceeding three years ; make rules 
and regulations for the government and instruction of pupils ; suggest to city 
council ordinances and regulations for the protection of school property; 
certify rate of district tax to county auditor; determine how many bonds 
shall be issued. Board shall levy a tax for sites, buildings, furniture, sup- 
plies, apparatus, janitors' wages, expenses of board, and teachers' salaries. 
Board may admit nonresident pupils and fix terms of admission. The amount 
of tax for teachers' salaries and contingent expenses shall be only such as is 
necessary to supplement State and county funds ; amount for sites and build- 
ings shall not exceed 20 mills on the dollar in any one year. Board may issue 
bonds not to exceed in amount, including other indebtedness, 5 per cent of 
property valuation, to bear not exceeding 5 per cent interest, and to run not 
exceeding 25 years. Board shall elect a secretary, who may or may not be a 
member of board ; city treasurer shall be school district treasurer. Any sink- 
ing fund may be invested in State bonds or United States bonds, deposited 
in an approved bank, or used to buy and cancel outstanding bonds. Person 
elected member of board of education shall forfeit $50 on refusing to serve. 



A (f). ADMIXISTKATIVE UNITS: DISTRICTS, ETC. 241 

Special districts. — Auy city or incorporated or plotted town or village may 
be constituted a special school district ; any city already organized for school 
purposes by special act may by majority vote of electors accept the provisions 
of this article ; any such city, town, or village may alone constitute a special 
district or may include contiguous territory; in case contiguous territory is 
included, on petition of a majority of voters in such district, county superin- 
tendent shall call an election in territory proposed to be organized ; if proposal 
carries in both the city, town, or village and the territory outside thereof, 
the special district shall be constituted and county superintendent shall cull 
an election for the choice of officers of such special district. Petition shall 
set forth the manner and terms of the division of property and indebtedness 
between proposed new special district and the remainder of the old district 
from which a part is to be taken, and when special district is formed division 
shall be made accordingly ; taxes shall be levied to pay bonded indebtedness. 
Board of education of a special district already organized may annex adja- 
cent territory on application a majority of the voters of said territory, or 
on application of two-thirds of such voters, if territory is more than 3 miles 
from the central school of special district; territory belonging to a special 
district and more than 3 miles from the central school thereof may be de- 
tached therefrom by county commissioners on petition of three-fourths of 
the voters residing therein. Each special district shall be a body corporate; 
school property of the district shall be vested in the board of education. 
When a petition signed by one-third of the voters of a city, incorporated or 
plotted town or village, or school district containing the same is presented 
to the council, commission, or board of trustees asking that the same be 
organized as a special school district, .said civil authority shall order an 
election to determine the question; majority of votes cast shall determine. 
Board of education, five members ; term, three years, one or two as the case 
requires being elected each year ; compensation, $1.50 each for each meeting 
attended, but for not more than one meeting in each month. At the annual 
meeting in July a president shall be elected; also, a clerk not a member of 
the board. Povjers and duties of hoard: To establish and maintain graded 
common schools for not less than 7 nor more than 10 months; establish 
high schools and such other schools as it may deem expedient ; provide school 
sites and buildings; provide apparatus, textbooks for pupils, furniture, ap- 
pendages, and fuel; have control of school property; employ teachers and 
dismiss them for cause ; employ, in its discretion, a superintendent of schools 
for not exceeding three years ; prescribe rules and regulations for the govern- 
ment and instruction of pupils; visit individually each school at least twice 
a year; make annual report; admit, in its discretion, nonresident pupils 
and fix their tuition fees; cause to be made annually an enumeration of 
children of school age. If boundaries of city, town, or village are same as 
boundaries of district, city treasurer shall be treasurer of board of educa- 
tion, otherwise a treasurer shall be elected by school district. Board of 
education shall annually determine the amount of school tax to be levied, 
not exceeding 30 mills on the dollar, and county auditor shall levy the same. 
A special district may become a part of the common-school district in which 
it is situated by a majority vote of the city, town, or village and of the 
common-school district. Board of education shall be elected from the district 
at large; a vacancy shall be filled by the board until next annual district 
meeting. A special district may issue bonds for the purpose of providing sites 
and buildings or funding outstanding indebtedness ; such bonds shall bear not 
exceeding 5 per cent interest and shall not be sold below par ; a majority of 

3966°— 15 16 



242 STATE LAWS RELATING TO PUBLIC EDUCATION. 

votes cast at an election shall determine whether bonds shall be issued. 
Amount of bonds shall not exceed 5 per cent of property valuation of the 
district, including other debts. Board shall levy a tax to pay interest and 
create a sinking fund; sinking fund may be invested in State or United 
States bonds, deposited in an approved bank, used to purchase the bonds of 
the district, or invested in first mortgages on farm lands in the State. Board 
may by a two-thirds vote issue bonds to refund outstanding bonds. 
See also B (a), General State finance and support. 

Ohio: Classification. — School districts shall be styled, respectively, city school 
districts, village school districts, rural school districts, and county school 
districts. Each city, together with territory attached to it for school pur- 
poses, and excluding territory within its corporate limits detached for school 
purposes, shall constitute a city school district. Each village, together with 
territory attached to it for school purposes, and excluding the territory within 
its corporate limits detached for school purposes, and having in district thus 
formed not less than $500,000 tax valuation, shall constitute a village school 
district ; if a village shall have a tax valuation of less than $500,000, the same 
shall not constitute a village school district, but the proposition to create 
such territory a village school district may be submitted to the electors of 
such territory upon the petition of 25 per cent of electors thereof to the 
board of education; a village district containing less than 1,500 population 
may vote to dissolve and join any contiguous rural district upon the petition 
of 25 per cent of electors thereof to village board or on motion of village 
board without such petition, when approved by the county board ; the property 
of such dissolved district shall become vested in the board of education of 
rural district to which attached. Each county, exclusive of city districts 
and certain village districts and territory detached for school purposes, and 
including the territory attached to it for school purposes, shall constitute a 
county district; any village or rural district situated in more than one 
county shall become a part of the county school district in which the greatest 
part of the territory of such district is situated. The territory within a 
city, village, or rural district shall be contiguous, except where an island or 
islands form an integral part of the district. Upon the creation of a village, 
it shall thereby become a village school district, and the territory of the rural 
district originally containing such village, outside of said village, shall be 
attached to said village for school purposes, if such territory to be attached 
has an area less than 16 square miles. The board of education of any village 
district containing a village of 3,000 or more inhabitants may by a majority 
vote of the full membership thereof vote not to become a part of the county 
district; such village district shall be exempt from the supervision of the 
county school board. The board of education of a village district shall upon 
the petition of 100 or more electors of such district, or upon its own motion, 
may at any time have a census taken of population of such district; said 
census shall be taken by a person or persons appointed by the board, and such 
person or persons shall take oath ; census returns shall be made to clerk of 
board and the county auditor and superintendent of public instruction; if 
census shows population of 3,000 or more, and is approved by said superin- 
tendent, such district shall be exempt from supervision of the county board. 
Village districts which are exempted from supervision of county board are 
rendered Ineligible to receive State aid for purposes of supervision, teachers' 
training courses, and for grading schools. The provisions of the law relating 
to settling the obligations of a village that has surrendered its corporate 
powers shall also apply to such village school district and board of education 



A (f). ADMINISTRATIVE UNITS: DISTKICTS, ETC. 243 

thereof. When territory is annexed to a city or village, such territory thereby 
becomes a part of the city or village school district. When territory located 
within the corporate limits of a village is attached for school purposes to a 
district other than the village school district and the boards of education are 
unable to agree as to the transfer of such territory, the board of education 
of the village district may file a petition in the probate court for a settle- 
ment. Part of any county school district may be transferred to any adjoining 
county school district or city or village school districts by the mutual con- 
sent of the boards of education of districts affected ; to make such transfer 
the majority of each board shall pass a resolution to that effect. When 
territory is transferred from one school district to another an equitable 
division of funds and indebtedness shall be made by the probate court. 

Schools and attendance. — Each school board shall establish a sufficient 
number of elementary schools to provide free education of youth of school age 
vrithin the district under its control at such places as v^ill be most convenient 
for attendance of the largest number thereof; every elementary day school 
shall continue not less than 32 nor more than 40 weeks in each school year. 
The school board in any city district may establish special elementary schools 
for school children afflicted with tuberculosis and may pay the transportation 
of such children to and from school out of school funds. Boards shall pre- 
scribe course of study, subject to approval of State superintendent of public 
instruction, in the following branches : Spelling, reading, writing, arithmetic, 
English language, English grammar and composition, geography, history of 
the United States (including civil government), physiology and hygiene; in- 
struction may be given in vocal music, drawing, elementary algebra, elements 
of agriculture, and other branches. The school board in any city district may 
establish and maintain a normal school, and also may establish and maintain 
summer or vacation schools, school gardens, and playgrounds. 

A high school is one of higher grade than an elementary school, in which 
instruction is given in the history of the United States and other countries, 
composition, rhetoric, English and American literature, algebra and geometry, 
natural science, political or natural science, ancient or modern foreign lan- 
guages, or both, commercial and industrial branches, or such of the branches 
named as the length of its curriculum makes possible, and such additional 
branches as board may determine. High schools shall be classified as schools 
of the first, second, and third grades; high school of first grade shall be one 
covering period of not less than four years, of not less than 32 weeks each, in 
which not less than 16 courses shall be required for graduation ; second grade, 
not less than three years, of not less than 32 wrecks each, 12 courses for grad- 
uation ; third grade, two years, of not less than 28 weeks each, 8 courses for 
graduation ; a course of study shall consist of not less than four recitations 
per week throughout school year. School boards which maintain first-grade 
high schools in village or rural districts may establish normal departments in 
such schools for the training of teachers for village and rural schools; not 
more than three such normal schools shall be established in any one county 
school district, and not more than one such department shall be maintained in 
any village or rural district ; at least one such school in each county shall be 
located in a rural district or in a village with less than 1,500 population, and 
not more than one such school shall be located in a village having a popula- 
tion of 1,500 or more; schools desiring such a department shall make applica- 
tion to the State superintendent, who shall designate schools to maintain such 
departments. Each high-school normal department shall offer at least a one- 
year course for training teachers; entrance requirements shall be fixed by 
State superintendent ; such departments shall not offer summer courses unless 



244 STATE LAWS EELATIITG TO PUBLIC EDUCATION. 

practice departments are maintained in connection therewith; each normal 
department shall employ a director and such other instructors as the State 
superintendent may prescribe, to be employed on nomination of county super- 
intendent ; no director or instructor in such department shall be paid less than 
$75 per month; each normal department may maintain a practice division; 
each approved normal department shall receive an amount from the State, not 
to exceed $1,000 per year, for maintaining such department. 

There shall be established in the college of education of the Ohio State Uni- 
versity, and in each of the normal schools and colleges which are maintained 
wholly or in part by State funds, a department of efficiency tests and survey ; 
such departments at request of State superintendent shall assist him in work- 
ing out efficiency methods in school administration and in conducting coopera- 
tive school surveys. Each of the State normal schools, located at Athens, 
Oxford, Bowling Green, and Kent, may arrange with school boards of not 
more than six noncentralized rural districts to maintain model one-room 
schools therein ; each normal school complying with this provision shall, sub- 
ject to approval of State superintendent, receive from the State $500 per year. 

Public schools of less grade than high schools shall be denominated as ele- 
mentary schools; course of study shall consist of not less than four recita- 
tions per week for entire school year. Every one-room school in any rural 
school district where school buildings are kept clean and in proper repair, 
yard clean, and separate screened privies maintained for each sex, shall be a 
rural elementary school of second grade. Each one-room rural school which 
shall fulfill following requirements shall be of first grade: Clean buildings 
and yards ; building in good repair; separate screened privies for each sex or 
inside toilets ; maps of Ohio and United States ; library of at least 50 volumes ; 
100 square feet of slate or composition blackboard, lower margin of not less 
than 12 lineal feet of which board shall be within 2 feet of floor ; a system of 
heating, with ventilation — minimum, a jacketed stove; buildings hereafter 
constructed to have at least 1 acre of land for play ; teacher with at least a 
three-year certificate ; agricultural apparatus worth at least $15. Each village 
or rural consolidated school with following requirements shall be deemed sec- 
ond grade : Clean building and yard ; building in good repair ; separate 
screened privies for each sex, or inside toilets ; library of not less than 100 
volumes; 100 square feet of slate or composition blackboard, lower margin of 
not less than 12 lineal feet of which board shall be within 2 feet of the floor ; 
system of heating, with ventilation — minimum, a jacketed stove; buildings 
hereafter constructed to have at least 2 acres of land for play and agricul- 
tural experiment; at least two rooms and two teachers on full time, one of 
whom must have at least a three-year certificate ; one teacher to be employed 
10 months each year, giving part time to agriculture or domestic science, or 
both ; agricultural apparatus to value of at least $25 ; a case of not less than 
six maps, including a map of Ohio. To be of first grade, consolidated village 
or rural school shall have clean building and yard; building in good repair; 
separate screened privies for each sex, or inside toilets; a case of not less 
than six maps, including a map of Ohio ; library of not less than 150 volumes ; 
100 square feet of slate or composition blackboard, the lower margin of not 
less than 12 lineal feet of which board shall be within 2 feet of floor ; a sys- 
tem of heating, with ventilation — minimum, a jacketed stove ; buildings here- 
after constructed to have at least 3 acres of land in connection, one for agri- 
culture and school-garden purposes; three rooms and three or more teachers 
on full time, one teacher to have at least a three-year certificate; a course in 
domestic science; two teachers to be employed 10 months each each ye;ir. one 
teaching agriculture during term and part of vacation, the other to teach do- 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 245 

mestic science for same time ; agricultural and domestic-science apparatus to 
value of at least $100. Each district in which such schools are located shall 
receive for first-grade one-room rural school $25 pci* year special State aid; 
a second-grade consolidated school, $50; a first-grade consolidated school, 
$100 ; if appropriation be insufficient to meet these payments amount shall be 
prorated ; to receive such aid the district shall apply to county superintendent, 
who shall, if he approves application after inspection of school, certify same 
to State superintendent. Graduates of first-grade one-room schools and con- 
solidated schools shall be admitted after September 1, 1915, to any high school 
without examination. State superintendent shall furnish school boards metal 
placards indicating grades of such schools. 

A diploma must be granted by the school board to any person completing 
the curriculum in any high school; a certificate shall be issued to each 
holder of a diploma; a holder of a diploma from a first-grade high school 
shall be entitled to a certificate of admission, without examination, to any 
college of the State, when holder thereof has completed college requirements 
in science and the languages; privately endowed institutions may require 
a higher standard for entrance than herein is provided; after September 1, 
1915, holder of diploma from first-grade high school shall be entitled to 
admission, without examination, to the academic department of any college 
or university which is supported wholly or in part by the State. The clerk 
of school board maintaining a high school shall furnish to State superin- 
tendent facts concerning such high school; State superintendent shall, upon 
receipt of such facts, classify such schools; no school shall be considered a 
high school unless so approved and classified by State superintendent. 
School board may establish one or more high schools. High schools, when 
established, shall not be discontinued under three years except by three- 
fourths vote of full membership of board. School boards shall provide 
sites, buildings, and equipment for such high school; may establish admis- 
sion requirements for such high schools. The school boards of two or more 
adjoining districts may, by a majority vote of full membership of each 
board, unite for high-school purposes; such joint high school shall be under 
control of a board consisting of two members from each school board creat- 
ing such joint district; funds for maintenance of joint high school shall be 
appropriated from the tuition or contingent funds, or both, of each district 
in proportion to the valuation of property in the respective districts. School 
board of any district where is located a college or university not conducted 
for profit may levy a district tax for such institution not in excess of 2 mills 
per year; in the event such levy is made all holders of diplomas granted by 
high school of such district shall be entitled to attend such college or uni- 
versity two years, free of tuition. 

The school board of any district in which is situated a children's home, 
orphans' asylum, or county infirmary shall establish separate public schools 
in such institutions ; such schools shall be kept open for same length of time 
as public schools; if distributive share of public funds is not sufficient for 
such time, such homes and asylums or the county commissioners shall meet 
the deficiency ; the board of education of district in which such institution is 
located shall have charge of schools in such institution ;• the county commis- 
sioners shall provide rooms, books, and other supplies for said schools out 
of funds of such institutions ; the school board shall incur no expense in sup- 
porting such schools ; teachers employed in such schools must have a teacher's 
elementary certificate. 

Upon petition of parents or guardians of not less than 25 school children 
who are prevented from attending day school, the school board in any district 



246 STATE LAWS EELATIKG TO PUBLIC EDUCATION. 

shall orgaiiizo an eveuiug scliool ; teachers for such schools must hold regu- 
larlj' issued, teachers' certificates; board may discontinue such school when 
average attendance falls below 12; any person over 21 years old may be 
permitted to attend the evening school upon payment of tuition. The 
schools of each district shall be free to all youth between 6 and 21 years of 
age resident therein, and to children of same age who are inmates of a chil- 
dren's home therein ; but any child living apart from his parents or guardians, 
and who is self-supporting, shall be entitled to attend school in district where 
working; each board may admit upon such terms as it may prescribe. When 
a youth of school age or his parent owns property in a school district in 
which he does not reside, and he attends school in such district, the tax paid 
on such property shall be credited on his tuition. School boards may assign 
pupils to such schools in their districts as they may determine. No child 
shall be suspended from school by a superintendent or teacher except for 
such time as is necessary to convene the board, nor shall any child be expelled 
except by a two-thirds vote of board and after the parent or guardian has 
been given a hearing; no expulsion or suspension shall extend beyond the 
current school year. The school board may make and enforce rules 
and regulations for the vaccination of school children. Teachers in the 
public schools may dismiss their schools, without forfeiture of pay, on 
January 1, February 22, May 30, July 4, first Monday in September, Decem- 
ber 25, and Thanksgiving Day. Arbor Day shall be observed in public schools. 
School year shall begin on September 1 of each year ; school week shall con- 
sist of five days ; school month of four school weeks. Powers and duties of 
school hoard: To manage and control all public schools; appoint school officers 
and teachers and fix their salaries. Teachers shall be paid for all time 
schools are closed on account of an epidemic or public calamity. No person 
shall be appointed teacher for a term longer than four years; teachers in 
the actual employ of the board shaU be considered before new teachers are 
chosen in their stead. Each and every board of education may appoint at 
least one school physician; districts may unite and employ such physician; 
such physician shall hold license to practice in the State; school nurses may 
be employed by school boards; school board may delegate authority herein 
provided for to the board of health or health officer ; school physicians may, 
upon examination of pupils, teachers, or janitors, and upon finding them 
afflicted with a communicable disease, send them from school, to be returned 
to school upon recovery. State superintendent and State board of health 
shall jointly pass rules for medical inspection of schools. School physicians 
appointed for one year; salary fixed by school board; no member of school 
board shall be eligible for school physician. 

A city school board may elect a director "of schools, to serve two years; 
said director shall have such powers and duties as may be determined by the 
board; said director shall keep a record of school business and report to 
board ; director shall receive for services not more than $5,000 per year. By 
a two-thirds vote the board may, for good cause, discharge the director, but 
not until he shall have been heard. Board may dismiss any teacher or other 
employee for cause, but only by a majority of the full board, and only after 
such teacher or other employee shall have been given a hearing. Each city 
school board shall appoint a superintendent of schools for a term not longer 
than five years; such superintendent may appoint, subject to approval by 
board, all teachers, and may suspend any teacher until board shall consider 
such suspension ; such board may by a three-fourths vote of full membership 
reemploy any teacher whom the superintendent refuses to appoint. The board 



A (f). ADMINISTRATIVE UNITS I DISTRICTS, ETC. 247 

of any city district may set aside from the contingeut fund 5 cents for each 
child enrolled in tlie public schools as a service fund for paying expenses of 
such members incurred in performance of their duties. The school board of 
each village and rural district shall employ teachers for the district for a 
term not longer than three years; no such teacher shall be chosen except upon 
the nomination of the supervision district superintendent except by a major- 
ity vote. Potvers and duties of district superintaident: To visit schools, direct 
and assist teachers; classify and control promotions of pupils; spend not less 
than three-fourths of working time in actual classroom supervision ; report 
to county superintendent annually ; be executive officer of all school boards in 
his district ; teach in teachers' training courses at the request of the county 
board of education : assemble teachers for conferences ; recommend textbooks 
and courses of study. The county superintendent shall cooperate with dis- 
trict superintendents in holding teachers' meetings ; shall hold monthly meet- 
ings with district superintendents; shall visit schools, and with advice of 
district superintendent shall outline schedule of school visitation for teachers 
of the county school dstrict ; shall have direct supervision over teacher-train- 
ing courses, and shall personally teach not less than 100 nor more than 200 
periods in any one year ; make required reports. Any county or district super- 
intendent who shall become interested financially in any book company shall 
be removed from office. Teachers must exercise reasonable care in regard to 
school property, shall strive to guard health of pupils, give sufficient instruc- 
tion, and maintain good discipline; no teacher shall be required to do janitor 
work, except as mutually agreed by special contract and for compensation for 
the same. 

Any publisher, before offering for adoption or sale any textbook in the 
State, shall file sample and wholesale price of such book with the State 
superintendent. A commission consisting of the governor, secretary of state, 
and superintendent of public instruction shall fix the maximum price at 
which textbooks shall be sold, which price must not exceed 75 per cent of the 
wholesale list price thereof ; upon acceptance of such price by the publisher, a 
contract may be entered into between the textbook commission and such pub- 
lisher to offer such book or books for sale for five years; said commission 
shall annually furnish boards of education names and addresses of such pub- 
lishers and price lists of books ; if any publisher fails to comply with his con- 
tract he shall forfeit $500 to the State, to be recovered in an action brought 
by the attorney general of the State. Each school board, by a majority vote 
of full membership thereof, shall determine courses of study and adopt text- 
books for such district, such books to be adopted from the textbook commis- 
sion's list ; the clerk of the school board shall order textbooks required by such 
board and pay for same out of contingent funds ; textbooks shall be funiished 
school children at cost plus 10 per cent for handling same. When pupils move 
from one district to another the board of education of the district from which 
they remove, if requested, shall purchase at a fair price any usable textbooks 
then in the possession of such pupils. No superintendent, supervisor, or prin- 
cipal shall act as sales agent for any publisher. 

Physical training shall be included in branches taught in public schools of 
city districts and in all educational institutions supported wholly or in part 
by State funds ; normal schools shall give a regular course on physical educa- 
tion. Any school board may establish and maintain manual training, domestic 
science, and commercial departments; agriculture, industrial, vocational, and 
trade schools, also kindergartens, in connection with the public-school system, 
and may pay expenses of same out of public-school funds. Physiology and 
hygiene, with special attention to the effects of alcoholic drinks and narcotics 



248 STATE LAWS EELATING TO PUBLIC EDUCATION. 

on the human system, in all schools supported wholly or in part by public 
funds; in all teachers' institutes, normal schools, and teachers' training 
classes, instruction in best methods of teaching such branch shall be given; 
no certificates shall be granted to any person to teach in any public school or 
in any educational institution supported by the State who does not pass exam- 
ination on such subject; State superintendent shall see that these provisions 
are enforced, and shall make annual report of such enforcement ; any school 
official or employee in any way concerned in the enforcement of these pro- 
visions who willfully refuses or neglects to enforce such provisions shall for- 
feit $25 to general county-school fund. Boards may provide for teaching the 
German language in the public schools as an auxiliary to the English lan- 
guage; all common branches in the public schools must be taught in the 
English language. 

The school board in any village or rural district may suspend any of its 
schools, and in such village district may provide and in such rural district 
shall provide transportation for children attending such schools to a public 
school in the same or another district; the boards of all village and rural 
districts shall provide transportation for pupils who live more than 2 
miles from school, and may provide transportation for those liviug less than 
2 miles from school; when local boards refuse or neglect to provide such 
transportation, the county board of education shall provide the same and the 
cost thereof shall be charged against the local district. The board of any dis- 
trict may contract with the board of another district for admission of 
pupils into any school in such district, on terms agreed on by such boards; 
expense so incurred shall be paid by the district sending such pupils. Pupils 
in grades below high school who live more than 1^ miles from the school 
to which they are assigned, may attend a nearer school in such district or 
in another district; if such pupils attend school in another district, the 
district of their residence shall pay their tuition ; when the schools of a dis- 
trict are centralized or transportation provided, pupils shall attend schools 
to which assigned; a school averaging less than 12 pupils shall be sus- 
pended. 

Each board of education may furnish textbooks free to indigent children or 
to all school children, the cost thereof to be paid out of the contingent fund ; 
such books shall be the property of the district. 

The high-school tuition of any pupil who resides in a rural district which 
does not maintain a high school shall be paid by such district; such tuition 
shall be computed by the month, and shall not exceed the per capita cost of 
educating pupils in such high school, such cost to exclude permanent im- 
provements and repair ; district superintendents shall annually certify names 
of pupils prepared for high school to the county superintendent, and said 
county superintendent shall issue certificates of promotion to such pupils; 
such certificates shall be furnished by the State superintendent. A board of 
education providing a third-grade high school shall pay tuition of graduates 
from such school residing in the district at any first-grade high school two 
years or at a second-grade high school one year; should any student not 
prefer to attend such third-grade high school, the board shall pay his tuition 
at any first-gi-ade high school for four years, or at any second-grade high school 
for three years and a first-gTade high school for one year. A board providing 
a second-grade high school shall pay tuition of its graduates residing in the 
district at any first-grade high school for one year, except in cases where said 
board is levying a maximum school tax and all funds accruing therefrom are 
necessary for support of schools in such district. Each board shall pay high- 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, KTC. 249 

school tuition of any pupil in its district wlio lives more than 4 miles from 
the high school of such district when such pupil attends high school in 
another district, or said board may in lieu thereof pay transportation of 
such pupil to the high school in district in which pupil lives. The board of 
a rural district maintaining centralized elementary schools and providing 
transportation for pupils, shall also provide transportation for graduates of 
such schools who attend the high school of such district. A board not main- 
taining a high school may enter into an agreement with one or more boards 
maintaining such school for the schooling of its high-school pupils ; such tui- 
tion shall be paid from either the tuition or contingent funds and board may 
levy, when necessary, a tax not to exceed 2 mills, in addition to all other 
school tax, for such purpose. The State superintendent shall appoint two 
public high-school inspectors, who are connected with no college or university, 
two such inspectors selected from the faculty of the college of education of 
Ohio State University, and one such inspector from each of the four State 
normal schools; inspectors appointed from said institutions shall be nomi- 
nated by the presidents of such institutions; the two inspectors connected 
with no college or university shall give their entire time to the inspection of 
public high schools, and the other inspectors shall devote not more than half 
of their time to such inspection ; all such inspectors shall meet at the call of 
the State superintendent for the purpose of conference and direction. The 
high-school inspectors giving full time shall be paid an annual salary, to be 
fixed by the State superintendent with consent of the governor, and traveling 
expenses shall be allowed not to exceed $800 per year for each; half-time 
inspectors shall receive a compensation, to be determined by the State super- 
intendent, and each shall receive traveling expenses not to exceed $400 an- 
nually; said inspectors shall make reports to State superintendent regarding 
schools inspected, and to institutions which said inspectors represent. 

Rwal schools. — In rural school districts, the board of education shall con- 
sist of five members elected at large at same time township officers are 
elected, term four years ; each member of such board, except in such district 
as contains less than 16 square miles, shall receive as compensation $2 for 
each regular meeting attended, but for not more than five meetings in any 
year; such compensation shall be paid from the contingent fund. A rural 
board may submit the question of centralization, and, upon the petition of 
not less than one-fourth of electors of such rural district, or upon order of 
county board of education, must submit such question to electors of the 
district at a general election or a special election called for the purpose; if 
election carries, district board shall proceed to centralize schools, and, if 
necessary, purchase sites and erect buildings thereon; centralization shall 
not be discontinued within three years, and then only by petition and 
election. On petition of one-fourth of electors of a rural school district, or 
by vote of majority of board, said board shall call an election to determine 
question of dissolving such district ; majority vote shall determine ; property 
of dissolved district shall vest in district to which annexed; dissolution 
shall not be complete until debts are provided for. 

Villages. — In village school districts, school board shall consist of five 
members elected at large at same time as municipal officers are elected, to 
serve four years. Electors, residing in territory attached to a village for 
school purposes, may vote for all school officers and on all school questions in 
said village. 

See also A (cl). County boards; A (d). District boards and officers; C (c), 
Local taxation; H (b), School census. 



250 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Oklahoma: Common-school districts. — There shall be taught in every school 
district: Agriculture, orthography, reading, penmanship, English grammar, 
physiology and hygiene, geography. United States history and civics, arith- 
metic, and other branches determined by the State board of education; in- 
struction in such branches shall be given in the English language. School 
month shall consist of four weeks of five days each of six hours per day. 
Every school district shall be a body corporate. When a new district is 
formed from one or more districts possessing school property, county super- 
intendent shall make a levy upon district possessing such property an amount 
suflScient to give new district its share of such property. An annual school 
meeting of each district shall be held, the clerk to give notice of time and 
place; special meetings may be called by majority of district board, or by 
majority of voters of district. All persons, including females, residing in 
the district and possessing legal qualifications, may vote at any district 
meeting. School meeting may by vote select schoolhouse site, not to be over 
one-half mile from center of district, and to dispose of school property no 
longer needed. Board of any district may maintain two or more school- 
houses if determined by a majority of legal voters. Electors of the district 
may determine length of school term, which shall not be less than three 
months ; if not so determined, district board shall fix such term. When 
schoolhouse is of more than $500 value, school site shall not be changed except 
by vote of at least three-fifths of electors of district The school district 
may purchase State land for schoolhouse site, the same to contain no more 
than 4 acres. Upon the petition of one-third of voters of any school district, 
district board shall call a meeting to relocate the schoolhouse; a two-thirds 
vote shall be necessary to relocate such schoolhouse. 

Joint districts. — ^A joint school district may be made of parts of two or 
more counties upon application by five householders residing In territory 
affected, to the superintendent of any county affected; superintendents of 
counties affected may meet and organize such district. Of all matters per- 
taining to such district, except that of changing the boundaries thereof, 
which may be appealed to State superintendent, the county superintendent 
of county containing the largest amount of such district shall have control. 

Independent districts. — Each city of the first class, and each incorporated 
town maintaining a four-year high school accredited by State university, 
shall constitute an indei)endent district. Territory outside the limits of any 
city or town within an independent district may, upon petition of majority 
of electors of such territory to county superintendent, be added to or detached 
from such city or town for school purposes; such territory when so attached 
shall bear its share of school expense, and shall elect one member of board of 
education of such independent district; such territory shall not be detached 
from any district so as to decrease the assessed valuation of such district 
by 5 per cent; aggrieved parties may appeal from action of county superin- 
tendent in changing boundaries herein provided for as in change of bound- 
aries of other districts. Public schools of each independent district shall be a 
body corporate, by name of " board of education." City clerk shall provide 
a separate ballot box for school elections; school treasurer shall be elected 
by city at large ; term, two years. Boards of education in cities of first class 
shall be composed of one member from each ward and attached territory, 
nominated by wards, but elected biennially at large in two groups in rota- 
tion, to serve four years ; members of board shall not be members of council, 
and members of council shall not be members of board; board in inde- 
pendent districts not cities of first class shall consist of three members, 



A (f). ADMINISTRATIVE UNITS I DISTRICTS, ETC. 251 

elected by district at large at same time and in same manner as school-dis- 
trict officers. Cities of over 50,000 population shall elect two board members 
from each ward, if number of wards does not exceed five ; elected biennially 
in two groups in rotation, to serve four years. Board of education may fill 
any vacancy in that body. Poioers of hoard: To elect its own officers, except 
the treasurer; to make rules and regulations; organize and maintain a system 
of graded schools; establish a high school when needed; have sole control over 
schools and school property of city. Clerk shall keep all accounts; shall 
give bond in sum of $1,000. Treasurer shall make monthly reports to board, 
keep financial report, submit books to board for examination when required, 
and give bond in sum designated by board. Board shall elect superintendent 
and teachers ; by three-fourths vote superintendent may be elected for period 
not to exceed three years; superintendent and two other competent persons 
appointed by board shall compose examining committee which shall pass 
on credentials of teachers and conduct teachers' examinations. Regular 
board meetings shall be held monthly; special meetings when required. 
Board shall make annual report to county superintendent. No expenditure 
in excess of $200 shall be made without written contract, and no expenditure 
for buildings or repairs shall be made except upon sealed proposals and 
to lowest responsible bidder. Board of education of city of first class may, 
by vote of electors, issue bonds for purchasing school sites, or for erecting 
or purchasing and equipping school buildings, or both, such bonds to be 
sold at par, bear no more than 5 per cent interest per year, and to run no 
longer than 25 years; an annual tax shall be levied to pay interest on such 
bonds and to create a sinking fund therefor, but bonded indebtedness shall 
not in the aggregate exceed 5 per cent of valuation of taxable property of 
such district. All persons, male or female, over age of 21 years, possessing 
other qualifications required by election law of State, may vote for school 
officers in cities of the first class. Sinking fund for redemption of bonds 
shall be invested in Oklahoma or United States bonds, or may be used for 
redemption of district bonds when such may be purchased at or below par. 
School fund and property of district is pledged to payment of interest and 
principal of bonds. 

Union growled schools. — The inhabitants of two or more districts may unite 
for purpose of establishing a union graded school in which instruction shall 
be given in higher branches ; to form such union district, one-third of voters 
of each district affected shall apply to clerks of such districts, who shall call a 
meeting upon due notice of electors of such districts ; if measure shall carry, 
meeting shall elect a director, a clerk, and a member for board of such union 
district; union district shall receive support from districts composing said 
union district in proportion to number of pupils attending union graded 
school from the several districts. Union district may levy taxes for school 
purposes. Clerk of union district shall report to county superintendent, 
whereupon county superintendent shall apportion funds to such district from 
the funds of districts composing the same. Electors of a union district, by a 
majority vote, may locate schoolhouse in such district. No expenditure over 
$200 shall be made except by written contract, and no expenditure over $500 
for building purposes, except by competitive bids. 

See also A (c2), County officers; C (c), Local taxation; H (h), Separation 
of the races. 

Oregon: School districts. — Classification of districts: First class shall have 
1,000 or more children of school age ; second class, 200 to 1,000 such children ; 
third class, fewer than 200. The county district boundary board may, on 



252 STATE LAWS RELATING TO PUBLIC EDUCATION. 

petition of three legal voters of a proposed district, establish such district, 
or, on petition of three interested legal voters, may change or divide a dis- 
ti'ict; no district shall be formed unless it has 10 or more children of school 
age and no district having fewer than six children shall continue to be legally 
organized. After the formation of any district the directors of districts 
affected shall equitably divide assets and liabilities, and in case of their fail- 
ure to agree a board of arbitration chosen by directors shall make such 
division; said board shall consist of three members and the county superin- 
tendent shall be ex officio a member. All school districts formed by the dis- 
trict boundary board shall be of contiguous territory. A district may be 
formed of adjacent territory lying in two or more counties. When a district 
is formed the qualified electors shall meet and elect a board of directors 
and a clerk and transact other business of a district. All school districts shall 
be bodies corporate. Two or more contiguous school districts may be con- 
solidated at their annual meetings after petition for a vote on the question 
in each ; such petition shall be signed in first class districts by at least 100 
legal voters, in second class at least 50, and in third class at least 5 ; returns 
of election shall be forwarded to district boundary board which shall ascer- 
tain result ; if a majority of votes cast in each district are in favor of con- 
solidation, boundary board shall consolidate the districts. If consolidated 
district shall contain enough school population to constitute a district of the 
first class, five directors shall be elected; term, five years, one retiring each 
year. If consolidated district is of the second or third class, it shall have 
three directors; term, three years, one retiring each year. The consolidated 
district shall be subject to the same laws as other districts, except that for 
the first five years after consolidation the county superintendent shall appor- 
tion annually to such district as many times $50 as there were districts con- 
solidated. Districts shall not be entitled to their proportion of the county 
school fund unless they report to county superintendent within 15 days after 
their annual meeting and shall have maintained school at least six months. 

District 'boundaries. — ^The county superintendent and the county court, or 
the board of commissioners where this board is a separate body, shall con- 
stitute a board for laying off the county in convenient school districts. Said 
board shall make changes in district boundaries when petitioned to do so. 
In changing boundaries said board shall keep all the territory of an incor- 
porated city or village in one district, but territory outside of such incor- 
porated city or village may be included therewith. Board shall take action 
when petitioned by three or more legal voters interested in the proposed 
change. When any district fails to conduct a school according to law for 
two years, or for soch period does not contain at least six children of school 
age, said board shall take charge of moneys and school property of such dis- 
ti'ict for three years, and if such district shall during" said three years main- 
tain a school and contain at least six children of school age, said board shall 
surrender moneys and property to the directors thereof, otherwise such dis- 
trict shall be treated as other unorganized territory; in such case the net 
proceeds of property shall be turned into the county school fund or paid to 
district or districts to which such disorganized territory may be annexed. 
On request of the board of directors of any school district said boundary 
board may take property for school purposes by condemnation proceedings and 
the cost of such property shall be paid by the district for which it is acquired. 

Districts of first class.— V^^hen the school population of any city or incor- 
porated town shall exceed 1.000, the district boundary board shall consolidate 
all districts and parts of districts in said city or town into one district of the 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 253 

first class and the boundaries of such district shall conform to the boundaries 
of the city or town; when the boundaries of a city or town constituting a 
district of the first class are changed by law the boundaries of the school 
district shall be changed accordingly. Board of directors shall consist of five 
members; term, five years, one being elected each year. Board may elect a 
clerk, prescribe his duties, and fix his compensation. Duties of hoard: To 
employ a city superintendent and fix his term and compensation ; employ 
teachers, janitors, etc., and fix their compensation; prescribe courses of 
study and make rules and regulations; choose textbooks needed in addition 
to those authorized by the State, and report choice to State board of educa- 
tion ; provide sites and buildings and furnish the same and sell property not 
required for school purposes; provide polling places and for the holding of 
school elections; make annual printed report to taxpayers; fix tuition rates 
for nonresident pupils ; provide and maintain a continuation evening school. 
Board may, on petition of 100 or more legal voters provide that in one or 
more schools any modern language may be taught. Meetings shall be held 
as determined by board; majority a quorum. Any qualified voter, male or 
female, shall be eligible to the office of director. Board may contract in- 
debtedness of not exceeding $100,000 in the aggregate, but cities of less than 
75,000 population may not become indebted in excess of 5 per cent of prop- 
erty valuation. Board shall advertise for bids on supplies costing in excess 
of $500. Board shall have entire control of course of study. Laws relating 
to other districts shall apply to districts of the first class when not in 
conflict herewith. 

Districts with 20,000 persons. — The board of directors of every school dis- 
trict having 20,000 or more persons shall have power to appoint and remove 
all teachers, officers, agents, and other employees and fix their compensation ; 
term " teachers " shall include supervisors, principals, and instructors. 
Teacher shall be probationary during first two years of employment, and may 
be dismissed at any time for cause or may be dropped at end of the year 
after two and one-half months' notice. After two years teachers shall be 
placed on list of " permanently employed teachers," and shall not be dis- 
missed except after written notice stating charges and after an opportunity 
of a hearing with witnesses, attorney, etc., if desired; when it is proposed 
to drop such a teacher at the end of the year at least two and one-half months' 
notice shall be given and teacher shall have the right to a hearing ; all com- 
plaints against such a teacher shall be in writing and open to inspection; 
testimony at hearings shall be given under oath. All general laws relating 
to school districts shall apply to districts hereunder, except when in confiict 
herewith. 

Districts with 20,000 children. — In every city having 20,000 or more chil- 
dren of school age the board of directors may establish and maintain ele- 
mentary, high, manual-training, vocational, trades, and evening schools, and 
schools for deaf and backward children; may fix days and hours when 
schools shall be in session; may admit to schools, in addition to those pro- 
vided for by law, such other persons as they may deem advisable; may pre- 
scribe textbooks and courses of study, but textbooks adopted shall not be 
changed within four years. Said board may provide trade schools in in- 
dustrial arts for dependent girls and may provide for the support, care, and 
maintenance of such girls for not exceeding two years; any girl between 14 
and 18 years old who is a dependent child within the meaning of the law 
shall be deemed a dependent girl for the purpose of this act; in cases where 
hardship may be prevented board may admit girls under 14 and over 18 years 



254 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

old ; board shall prescribe course of study and rules and regulations for such 
school. Board shall appoint a committee of not fewer than three nor more 
than five persons to pass upon the qualifications of applicants for admission 
to such school, but girls may be admitted by authority of the juvenile court. 

See also A (cl), County boards; A (c2), County oflacers; H (f), Compulsory 
attendance; N (a), High schools. 

Pennsylvania: School districts. — Each city, incorporated town, borough, or 
township in the State, now existing or hereafter created, shall constitute a 
separate school district, and the several districts shall be, and hereby are, 
divided into four classes, as follows: District having population of 500,000 
or more, first class; 30,000 to 500,000, second class; 5,000 to 30,000, third 
class; less than 5,000, fourth class. The United States census shall be used 
as population basis ; after each United States census the State superintendent 
of public instruction shall canvass the same as to population of the several 
districts and shall make such reclassification of said districts as population 
* may warrant; State superintendent shall issue certificates to districts so 
reclassified. Any changes in a district or its affairs shall take effect at the 
beginning of the school year following such changes. Where districts are 
divided or consolidated, a proper adjustment of their assets and liabilities 
shall be made by the districts resulting from such division or consolidation; 
such adjustment shall be made by the boards of school directors of the 
districts affected ; if boards of directors can not agree upon such adjustment 
any one of said boards may appeal to court of common pleas, whereupon court 
shall appoint three disinterested taxpayers, who do not reside in affected 
districts, as a committee to adjust said affairs; said committee shall report 
its findings to court of common pleas; in case objection is made to the decision 
of said commissioners, court shall settle the matter, its decision being final. 
In case a district so affected is situated in two or more counties, the court of 
the county containing the larger portion of such district shall have exclusive 
jurisdiction. Whenever a new district if. created by the creation of a new city, 
borough, township, or independent school district, the clerk of court or other 
proper person shall make a certified copy of decree or order for same and 
mail it to State superintendent. The majority of the taxable inhabitants of 
any contiguous territory in any district or districts may present their peti- 
tion to the court of common pleas of county wherein territory is situated, 
asking that such territory shall be established as an independent school dis- 
trict; in case parts of several districts are interested in the creation of an 
independent district, the petition shall be signed by a majority of taxpayers 
in each such part interested; court may grant such independent district; in 
such cases court shall make necessary adjustment of assets and liabilities; 
new district shall pay court costs incident to its creation. All school dis- 
tricts shall be and hereby are vested as bodies incorporate; by a majority 
vote of school directors any district may adopt a seal. Any school district may 
receive and hold any devise, bequest, grant, endowment, gift, or donation of 
any property, real, personal, or mixed, made to such district; the same may 
be properly invested for the use of the district. 

Joint schools. — Boards of directors of two or more adjoining districts may 
establish and maintain joint schools of any kind provided in this act; such 
schools shall be controlled jointly by the districts ; written agreement of terms 
shall be entered into by districts forming joint districts, and no change in 
such terms shall be made without the consent of districts entering into said 
agreement ; the several boards of directors shall meet jointly at least once a 
year to elect teachers and a treasurer for joint school. Treasurer shall re- 



A (f). ADMINISTEATIVE UNITS: DISTRICTS, ETC. 255 

ceive as compensation no more than 2 per cent of the funds passing through 
his hands and shall give bond ; the several districts maintaining a joint school 
may appoint a joint school committee to control the affairs of such school. 

Districts of first class. — Board of school directors in districts of first class 
shall be known as " Boards of public education." Every school district of 
first class shall be divided into ward districts, coextensive with municipal 
wards; in each ward district seven school visitors shall be elected, four and 
three alternately, for term of four years; every resident of ward of good 
moral character and 21 years old shall be eligible for position of ward 
visitor ; ward visitor shall take oath of oflBlce ; said visitors shall receive no 
compensation, but secretary of such board of visitors may be paid a maximum 
salary of $25 per year; board of visitors shall at least once in every three 
months inspect elementary schools, making recommendations and reports 
to board of public education. Board of education shall elect city controller 
as school controller; controller shall take oath, of afllrmation, and shall 
furnish bond to extent of $25,000; said controller shall be paid annual 
salary of $4,000 out of district school funds; clerks may be employed by 
the board of education to assist controller, and necessary supplies shall be 
furnished him ; controller shall approve all school orders on school treasurer ; 
shall have access to all school records of the district. All contracts made by 
school district of first class shall state therein on what item in annual 
estimate of school expenditures the same is based; no contract exceeding 
item of expenditure on which it is based shall be certified by controller; 
only so much of a contract extending over one year as shall be due shall be 
charged by the controller against the item in annual estimate of school 
expenditures; annual estimate of expenses shall be certified by the secretary 
of the board to the controller, who shall keep record of same; controller 
shall charge all orders against the proper items of estimate, and shall not 
overdraw on any estimate ; controller shall make monthly and annual reports 
to the board of education ; the annual report of controller may be published 
by the board. The board of public education shall annually appoint a super- 
intendent of schools, and may appoint a superintendent of buildings and a 
superintendent of supplies, and fix their salaries; superintendent of schools 
may be elected for a term of four years; associate and assistant superin- 
tendents may be appointed by board upon the nomination of the superintend- 
ent of schools. Board of education shall prescribe qualifications of prin- 
cipals and teachers; list of eligible principals and teachers shall be kept 
by the superintendent of schools; except in the case of certain supervisory 
positions, or in the transfer from one position to another, no person shall be 
appointed to a position in the public schools of districts of the first class 
unless the name of such person shall appear among the three highest on the 
eligible list. The superintendent of buildings shall be an engineer or archi- 
tect of good standing in his profession, and shall give needed security for 
the faithful performance of his duties; said superintendent may appoint 
assistants as the board may authorize; all plans for construction or repairs 
must be approved by said superintendent before submission of the same to 
the board; janitors shall discharge their duties under the direction of said 
superintendent. Board of school visitors shall have the right to appoint 
janitors for grammar and elementary schools. Superintendent of buildings 
may recommend appointment of janitors for other schools. Superintendent 
of supplies may appoint such assistants as board of education may authorize. 

The finances of every school district, in every department thereof, together 
with accounts of school treasurers, school depositories, teachers' retirement 



256 STATE LAWS RELATING TO PUBLIC EDUCATION. 

funds, teachers' institute funds, and all other funds belonging to or con- 
trolled by the district, shall be audited as follows: In districts of first class. 
by school controller; in second and third class, by two school auditors 
appointed by county court of common pleas; in fourth class, by borough or 
township auditors. Teachers' institute accounts shall be audited by three 
auditors, two elected by institute and one by county directors' association 
for county institutes, and by board of school directors for district institutes. 
Accounts of directors' association shall be audited by county auditors or 
county controller. Auditors shall have power to issue subpoenas and compel 
production of all school records ; to administer oaths. 

See also B (e), State aid for elementary education; C (a), Local finance 
and support, general; G (d), Teachers' institutes and summer schools; J (b), 
Medical inspection; N (a), High schools; O (a), Industrial education, general. 
Rhode Island: Every town shall establish and maintain a sufficient number of 
public schools for at least 30 weeks each year, at convenient places, under 
control of school committee, subject to supervision of commissioner of public 
schools. Any town may vote, in a meeting held for such purpose, to provide 
schoolhouses and equipment. Except when otherwise provided in special 
acts, the school committee of each town shall consist of three or more resi- 
dents of the town; members of said committee shall be divided into three 
classes, one class being elected for three years by town at annual meeting; 
town council shall fill any vacancy until next town meeting. School com- 
mittee of each town shall elect, prescribe duties of, and fix compensation of 
the superintendent of public schools of the town; two or more school com- 
mittees may, when aggregate number of schools shall not exceed 60, unite 
for purpose of employing such superintendent; such union shall not be dis- 
solved because number of schools shall have increased beyond 60, nor, for 
any reason, for period of three years from date of formation of such union, 
except by concurrent votes- of committees of majority of towns constituting 
such union; upon certification to commissioner of public schools, by proper 
officials, of formation of such union, of salary of superintendent, and of 
proportionate part of such salary paid by each town, said commissioner shall 
draw order on State treasurer in favor of each town for payment of one- 
half of proportional amount so certified; amount so paid to any union shall 
not exceed $750 per year. Any town employing a superintendent at annual 
salary of $1,500 or more, shall receive $750 annually from State as part 
payment of such salary. Town superintendents must hold a certificate of 
qualification from State board of education. Town treasurer shall keep 
account of all school moneys, and pay same out on order of school committee; 
said treasurer shall make annual report to school committee, and an annual 
financial report to commissioner of schools. He shall transfer poll taxes and dog 
taxes to school committee. Town clerk shall distribute school documents and 
blanks to proper persons. School committee of each town or city shall 
annually have census of children between ages of 5 and 15 years, inclusive, 
taken, and pay for such service out of public-school funds. Commissioner of 
public schools shall furnish census blanks. Any parent or guardian who 
shall refuse to give census information, or shall knowingly or willfully 
falsify such information, shall be fined not exceeding $20. 

Towns may, at any legal meeting, grant and vote such sums of money 
as they shall judge necessary for support of public schools, purchase of sites 
for and the building and repair of schoolhouses, and for establishing and 
maintaining school libraries. Electors qualified to vote to impose a tax in 
any town or city may, by a majority vote at the annual meeting, appro- 



A (f). ADMIKTSTEATIVE UNITS: DISTEICTS, ETC. 257 

priate a sum not exceediug 25 cents on each $100 of ratable property of such 
city or town, for year preceding, for foundation therein of a free public 
library; by a majority vote of said electors, an amount not exceeding 30 
cents on each $1,000 may be annually appropriated by said city or town for 
support of said library. Every town not owning a fi-ee public library may, 
at the annual tov/n meeting, vote not exceeding 30 cents on each $1,000 of 
taxable property for maintenance and increase of any free library therein. 
Ko town shall, without special statutory authority therefor, incur any debt 
in excess of 3 per cent of taxable property therein, including indebtedness 
Of such town on April 10, 1878, but giving of new note or bond for a pre- 
existing debt, or for money borrowed or applied to payment of any pre- 
existing debt, is ex:cepted from the provisions herein contained, and amount 
of any sinking fund shall be deducted in computing such indebtedness. No 
town shall assess its ratable pronert in any one year in excess of li per 
cent of its ratable value, except for paying indebtedness of such town or 
interest tliei'eon, or for sinking funds, or for extraordinary repairs. Poll 
taxes shall be applied to support of public schools. 

South Carolina: County board of education shall divide county into conven- 
ient school districts of not less than 9 nor more than 49 square miles each, 
and may rearrange boundaries from time to time, but no new district nor con- 
solidated district shall be formed except on petition of one-third of the voters 
thereof; county boards of two or more adjoining counties may form a dis- 
trict of parts of said counties; a city of 10,000 population or more shall be 
exempt from the limitation as to area. District shall be a body corporate. 
Districts are declared the divisions of the counties for taxation for all school 
purposes. A school district may, by a majority vote of the taxpaying electors, 
levy a school tax of not exceeding 8 mills on the dollar. A capitation tax on 
dogs shall be levied for school purposes. 

The superintendent of education of Charleston County shall have juris- 
diction over the schools and educational interests only outside of the city of 
Charleston. The school board of such city shall consist of six commissioners 
elected at general election by qualified voters, two commissioners appointed 
by the governor on recommendation of the trustees of the high school, and 
two appointed by the governor on recommendation of the trustees of the 
College of Charleston; term, two years. Poicers and duties of said 'board: 
To discharge the same duties in the city which are required of trustees in 
the counties; determine studies and textbooks to be used; cause examina- 
tion to be made of teachers; employ and dismiss teachers; fill vacancies 
occurring in its membership ; grant diplomas in the normal department which 
shall entitle holders to teach in the public schools; report annually to the 
State superintendent ; have charge of school property. An annual school tax 
of 2 mills on the dollar shall be levied; the Charleston school district shall 
also receive its share of the constitutional school tax and of the poll tax. 
Said board shall select meritorious boys who are otherwise unable to secure 
a liberal education and pay their tuition in the Charleston High School ; 
such pupils so admitted shall, upon graduation, be entitled to honorary 
scholarships in the College of Charleston. For the further promotion of 
liberal education, said board may appoint beneficiaries of scholarships in the 
State University. Said board may establish a public school teachers' retire- 
ment fund. 

See also N (a), High Schools. 

3966°— 15 17 



258 STATE LAWS RELATING TO PUBLIC EDUCATION. 

South Dakota: Cominon-sohool districts. — ^Any school district containing one 
or more schools, except those governed by the provisions of the articles re- 
lating to cities and towns organized as independent districts, shall be com- 
mon-school districts; such district may choose a name and contract in and 
sue and be sued by such name. County commissioners shall divide each 
county into districts, following boundary lines of congressional townships, 
but two or more such townships may be united and each district must con- 
tain at least 10 children of school age. On petition of one-third of the 
qualified electors, the clerk of any district shall call an election to determine 
the question of dividing said district into two or more districts; if majority 
vote favors, county commissioners and county superintendent shall divide 
the district and apportion property and indebtedness among the new dis- 
tricts, but bonded indebtedness shall be paid by taxes levied in the original 
district. Upon petition of a majority of voters of a civil township, the 
county commissioners and superintendent shall organize such township into 
a school township district. Upon petition of two-thirds of the voters of any 
congressional township comprising part of a district containing more than 
one such congressional township, the commissioners and superintendent shall 
organize such township into a separate school district, but -no such district 
shall be formed if remaining territory is left without reasonable school fa- 
cilities. Commissioners and superintendent may, when petitioned by 10 legal 
voters affected, change the boundaries of a district. The superintendent of 
the county wherein the schoolhouse is located shall have supervision of a 
district lying in two or more counties. Every school district shall be a body 
corporate. A tax is required to pay off any judgment that may be obtained 
against a district. Each county superintendent shall furnish the • State su- 
perintendent a plat of his county showing boundaries and names of school 
district. Public schoolhouses outside of cities and towns may be used for 
public meetings and other community purposes, but without expense to the 
district. 

Independent districts. — ^Any city or town or unincorporated town or village 
having 100 inhabitants or more within a radius of 1 mile of the center may 
be organized as an independent school district. On petition of a majority 
of the voters within proposed district, county superintendent shall call an 
election therein to determine question of organizing an independent district ; " 
majority of voters shall govern in said election. Whenever a new corporation 
is organized the county superintendent, president of the board of education 
thus organized, and chairman of the school district superseded shall con- 
stitute a committee for the purpose of adjusting property interests, liabilities, 
bonds, or other forms of indebtedness between the new corporation and the 
district or districts superseded. Territory adjacent to an independent school 
district may be attached thereto, and territory belonging to an independent 
district may be attached to an adjacent common-school district by a com- 
mittee composed of the county superintendent, the president of the board of 
education of the independent district, and the chairman of the school dis- 
trict upon petition of a majority of the electors in territory to be affected, but 
territory more than 2 miles from the city or town limits shall not be at- 
tached, except upon unanimous petition of electors of such territory. If the 
remainder of the congressional township would be impracticable or incon- 
venient for school purposes after attachment of a part up to 2-mile limit, 
then said committee may, on petition of two-thirds of electors in township 
and two-thirds in independent district, make the boundaries of independent 
district conform to the boundaries of township; appeal may be taken from 



A (f). ADMINISTRATIVE UXITS : DISTEICTS, ETC. 259 

the action of the committee to tiie circuit court. Board of education of an in- 
dependent district shall be a body corporate. Schools organized under this act 
shall be kept open not less than 6 nor more than 10 months in a year. 
The board of education shall consist of five members elected at large; term, 
three years, one or two, as the case requires, being elected each year. A 
treasurer shall also be elected for a term of three years. School officers shall 
be elected on petition of 20 or more electors; no partisan designation shall 
appear on the certificate of nomination or on the ballot; vacancies shall be 
filled by. the board. Board shall annually elect a clerk, not a member of the 
board. Meetings shall be held monthly and special meetings may be held. 
Clerk shall make an annual report and a copy thereof shall be forwarded to 
the county superintendent; treasurer shall report monthly; board of edu- 
cation shall publish its annual report in a newspaper or by posting in three 
public places. Board may establish graded schools and a high school. Board 
shall annually levy a tax of not exceeding 25 mills on the dollar and certify 
the same to the county auditor, who shall place the same on the tax roll for 
the district. Independent districts, except cities of the first class, may, by a 
majority vote of the electors, issue bonds to bear not exceeding 7 per cent 
interest, to run not longer than 20 years, and to amount, including outstand- 
ing indebtedness, to not exceeding 5 per cent of property valuation; board 
shall levy a tax, in addition to regular taxes, to pay interest and create a 
sinking fund, but such levy in any one year shall not exceed 15 per cent of 
the debt to be paid. No sectarian doctrine shall be taught in the public 
schools, but the Bible may be read without comment. In cities of the first 
and second classes board may elect a superintendent, not a member of the 
board, to serve during the pleasure of the board. Said superintendent and 
two competent persons appointed by the board shall constitute an examining 
committee; in cities of the first class such committees may examine teachers 
for their own schools and issue certificates valid therein. The superintend- 
ent or principal in all Independent districts employing such officer, and in 
independent districts not employing such officer, the county superintendent 
shall examine all teachers employed except those holding a State certificate 
or diploma. Superintendent or principal must hold a first grade or State 
diploma. Examining committee in a city of the first class, or superintendent 
or principal in other independent district, may make additional requirements 
of teachers to test their ability to teach a particular grade or special subject. 
A teacher's county certificate may be indorsed. Special acts relating to in- 
dependent districts are not repealed, but all independent districts organized 
by special act or charter and containing an incorporated city, town, or village 
organized by special act or charter and subsequently organized under the 
general law for cities shall be reorganized under the general law for inde- 
pendent districts. 

See also L (i), Manual and industrial education. 
Tennessee: Nothing in this act shall be construed to interfere with school 
systems already established in cities and incorporated towns or to conflict 
with chartered rights, but such cities and towns shall receive their pro rata 
of school moneys. Said cities and towns may levy additional tax for sup- 
port of schools, but shall not exceed their lawful limit in making such addi- 
tional levy. Boards of mayor and aldermen in incorporated cities and towns 
may establish high schools; for purpose of erecting and furnishing buildings 
such board may use common-school fund; for establishing and maintaining 
such high school said board may levy an additional tax, but such special tax, 
together with other municipal taxes, shall not exceed rate of taxation for 



260 STATE LAWS RELATING TO PUBLIC EDUCATION. 

general purposes fixed by cliarter limitatiou. Mayor and aldermen may ai>- 
point a board of education of not exceeding six members, wMch board shall 
control schools, employ teachers, make rales and regulations, etc. Term of 
members, three years, two retiring each year. Separate schools shall be pro- 
vided for white and colored children. Board of commissioners of taxing dis- 
trict of second class may establish and maintain public schools or such com- 
missioners may unite with school commissioners of civil district to maintain 
school in said taxing district. 

See A (cl), County boards; A (c2). County officers; A (d), District 
boards and officers; C (b), Local bonds and indebtedness. 
Texas: Common-school districts. — County commissioners' court shall organize 
common-school districts and may reduce size of districts, change their bound- 
aries, or consolidate them, but no district shall have less than 9 square miles of 
area, and no district having bonded indebtedness shall have its area reduced ; 
in counties having a population of less than 10,000 no common-school district 
shall be constituted in such a way that its center shall be more than 4 miles 
from its farthest boundary ; all districts shall be numbered. 

Independent districts. — On application of town or village authorizel by 
law to incorporate or having 200 inhabitants or more, county judge shall 
order an election to determine question of incorporating such town or village 
as an independent district for school purposes only; majority vote in such 
town or village shall decide, but territory incorporated shall not exceed 25 
square miles in area ; such district shall receive its share of State and county 
school funds apportioned on basis of school population. When such town or 
village is incorporated for municipal purposes, school corporation may remain 
separate. When incorporation is determined by election, county judge shall 
order election in such district to elect seven trustees; term of trustees, two 
years, three being elected one year and four the next. Powers of 'board: To 
have general management and control of public schools, and they shall in 
general be vested Vv^ith all rhe powers, rights, and duties regarding schools, 
including taxation for school purposes that are now conferred by law upon 
the council or board of aldermen of incorporated citits and towns. Inde- 
pendent districts heretofore created by special acts of legislature are placed 
under general law, except as to boundaries. 

Cities and towns. — Any city or town may acquire exclusive control of public 
schools within its limits; on petition of at least 50 qualified voters, mayor 
shall order an election to determine by majority vote whether city or town 
shall acquire exclusive control of public schools; such district shall receive 
its pro rata of State and county school funds and shall be subject to general 
school laws so far as they are applicable; board of trustees shall constitute a 
body corporate and as such shall control all school property ; trustees may sell 
school property with consent of State board of education. School bonds may 
be issued by city or town council, but proceeds of sale must be turned over to 
school trustees. When authorized by two-thirds vote of property taxpayers, 
city or town council may levy annually not exceeding 50 cents on $100 ; after 
two years election may be held to discontinue tax if 50 tax-paying voters 
petition for such election; if tax is voted, council shall make sufficient levy 
to run schools 10 months, but not to exceed 50 cents on $100, but where speci- 
fied rate is voted by people, council shall have no discretion in fixing rate; 
where rate is not specified by voters, rate which council shall levy shall be 
determined by school board; taxes collected shall be turned over to school 
board; city or town may extend its limits for school purposes only on petition 
of resident qualified voters of territory proposed to be annexed. 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 261 

County-line districts. — Commissioners' courts of counties affected may create 
common-school districts to contain territory in two or more counties; said 
courts shall designate commissioners' court of some one of the counties having 
territory included in the district to control public schools in such " common 
county-line school district " ; such district shall not have area of less than 16 
square miles ; such districts shall have all the rights, powers, and privileges of 
other common-school districts and may levy special tax and Issue bonds; 
school census shall be taken and reported to counties affected and apportion- 
ment of school funds shall be made accordingly. Independent districts con- 
taining territory of two or more counties may be organized similarly to other 
districts. 

Boundaries. — If district incorporated for school purposes only has less than 
25 square miles, on petition of a majority of voters in contiguous territory, 
which added to district would not make more than 25 square miles, trustees 
of such district may annex such territory; county commissioners may, after 
notice to president of board of district, change boundaries of district incorpo- 
rated for school purposes only, but value of taxable property shall not be re- 
duced in district having outstanding bonds. 

County superintendent may consolidate district having fewer than 20 chil- 
dren of school age with another district ; on petition of parent or guardian he 
may transfer pupil from one district to another. Board of county school 
trustees may transfer high-school pupils residing in districts which do not 
maintain high schools to adjacent or convenient high schools. 

See also A (bl). State boards; A (c2), County officers; A (d), District 
boards and officers; C (b), Local bonds and indebtedness; E (b), Teachers' 
certificates, general; N (a), High schools. 

Utah: School districts. — Every school district or high-school district shall be 
a body corporate; each county and each city, unless divided by proper au- 
thority, shall constitute a school district; except in case of districts of first 
class, county commissioners may create new school districts on petition of 
those having care of at least 20 children of school age residing in territory 
or on recommendation of county superintendent; commissioners may change 
boundaries of, divide, and consolidate districts and apportion property and 
indebtedness and may order special taxes to accomplish adjustment; when 
new district is created, commissioners shall appoint three trustees to hold 
until next regular election. 

Cities. — Every city of the first class (having 30,000 population or more) 
and every city of the second class (5,000 to 30,000 population) shall consti- 
tute a separate school district, and school therein shall be controlled by a 
board of education. In cities of first class board shall consist of 10 members, 
elected by qualified voters ; term, four years, one being elected from and by 
each of five wards every two years. In cities of second class, five members, 
one being elected from and by each ward ; term, five years, one elected each 
year. Board fills vacancy until next regular election. Board in cities of 
first class shall elect a president and a vice president from their number ; in 
second class, member having one year to serve shall be president and mem- 
ber having two years shall be vice president ; they shall also elect a secretary 
and a treasurer; no officer shall be removed except by two-thirds vote of 
board; board may appoint other necessary officers; they shall elect a super- 
intendent of schools, who shall hold office for two years. Members of board 
shall fix their own compensation at a sum not to exceed $100 per annum. 
Board shall annually have taken in each ward a census of all persons be- 
tween 6 and 18 years old and of every deaf or dumb person between 5 and 30 



262 STATE LAWS RELATING TO PUBLIC EDUCATION. 

j^ears old ; clerk of board shall make statement of such census and shall for- 
ward it to State superintendent with such financial and statistical reports 
as State superintendent may require; such superintendent shall apportion 
State funds to such city on basis of school census. Duties of clerk: To keep 
record of board meetings ; keep account of school moneys ; make annual finan- 
cial statement to board, which statement board shall have published in a 
newspaper having circulation in city. Board shall be a body corporate. 
Poivers of hoard: To provide sites, buildings, etc.; establish and maintain 
kindergartens elementary schools, high schools, industrial and manual-train- 
ing schools, and school libraries; have general control of schools. Board 
shall supply and loan to pupils, except in high schools, all textbooks and sup- 
plies used by said pupils. Two-thirds vote of all members of board required 
to sell site or building. Upon the election and qualification of board of edu- 
cation trustees of districts formerly comprising such city shall convey all 
school property to said board. In every city of the first or second class super- 
intendent and two members appointed for one year by board of education 
shall constitute a board of examiners of teachers ; examiners shall meet and 
examine teachers when authorized by board of education; they may, subject 
to board of education and to State law, make rules for examination of 
teachers and fix standards of proficiency ; they may prepare question. 
Certificates: (1) High school,, valid for one year and renewable and author- 
izing holder to teach or serve as principal in any primary, grammar, or high 
school in city; (2) grammar grade, valid for one year and renewable and 
authorizing holaer to teach in primary or grammar school or serve as 
principal of primary school; (3) primary grade, valid for one year and 
renewable and authorizing holder to teach in primary school. On report 
of examiners, board of education shall issue certificates. Board may renew 
certificates from year to year and may revoke them for cause. Chairman 
(superintendent) may grant temporary certificate until next regular exami- 
nation. Applicant to teach must be over 18 years old, of good moral charac- 
ter, and free from serious communicable disease. Applicants for primary and 
grammar grade certificates must on examination show practical knowledge of 
pedagogy and school management and proficiency in reading, writing, spelling, 
English grammar, geography, arithmetic, physiology and hygiene. United 
States history, and other English branches prescribed by board of education. 
Applicant for high-school certificate must pass examination in subjects re- 
quired for grammar grade and, in addition, in civics, physical geography, ele- 
mentary physics, elementary algebra, botany, and other branches prescribed by 
board of education. Holders of normal diplomas and certificates issued by the 
University of Utah and holders of State diplomas or certificates shall be ex- 
empt from further examination during the validity of diploma or certificate 
held. Teachers of music, foreign languages, drawing, penmanship, kinder- 
garten, and physical culture shall be exempt from examination except in such 
subjects as pertain to branches proposed to be taught; special certificates shall 
be issued only to applicants who pass examination in special subject and such 
other subjects as may discover applicant's fitness to teach. Board of education 
shall adopt textbooks to be used for a period of five years. On submission of 
estimate by board of education, county officers charged with levying and col- 
lecting taxes shall levy tax in cities of first and second classes for support of 
schools ; in cities of first class levy shall not exceed 6^ mills on the dollar for 
maintenance and shall not exceed 21 mills additional for sites and buildings; 
in cities of second class levy shall not exceed 10 mills for support; qualified 
voters may vote additional tax for sites, buildings, and furnishings. Board of 



A (f). ADMINISTRATIVE UNITS: DISTRICTS, ETC. 263 

education may, or shall wlien petitioned by a majority of resident taxpayers, 
call election to determine question of issuing bonds to provide plant or refund 
outstanding bonds; majority of qualified voters wbo pay property tax shall 
determine ; amount of bonds with existing indebtedness shall not exceed 3 per 
cent of property valuation and shall not bear exceeding 5 per cent interest; 
tax to pay interest and create a sinking fund shall be levied. Board of educa- 
tion of city of first or second class, or two or more such cities cooperating, may 
establish a parental school. An habitual truant resident of city between 8 
and 14 years old, or child between such ages, who wanders about without law- 
ful employment may be committed to such school for not exceeding the age of 
14 years; neglected children and orphans under 16 years old may be com- 
mitted; district court of county shall have jurisdiction; parent or guardian 
shall pay cost of keeping child unless board determines otherwise; board may 
admit boy or girl residing within the State but outside the city ; board of edu- 
cation may employ a truant ofllcer. 

County districts. — Any county having a school population of more than 
2,000 may constitute a county school district of the first class, and in any 
coimty having more than one high-school district such high-school districts 
may become county school districts of the first class; on petition of a ma- 
jority of the qualified voters in county or high school district county com- 
missioners may order the organization of a county district, divide it into not 
less than five nor more than nine representative precincts, and appoint a 
board of education for such district to hold until regular elections. Board 
of education shall consist of one member elected by qualified voters of each 
representative precinct ; term of members, four years, those of odd-numbered 
precincts being elected at one biennial election and those of even numbered 
being elected at succeeding biennial election; board shall fill vacancy in its 
membership until next election. Board shall elect a president and a vice 
president, and shall also elect a secretary and a treasurer from registered 
voters; they may elect such other oflicers as are necessary to carry out the 
law. They shall elect for a term of two years a superintendent of schools, 
who shall hold not lower than a life diploma of grammar grade. Members 
shall each receive not exceeding $300 per annum and traveling expenses of 
not exceeding $100, such compensation to be fixed by board. Board shall 
appoint persons in each representative precinct annually to take census of 
children between 6 and 18 years old; State superintendent shall apportion 
school funds to counties on basis of school population; auditor of county 
divided into county districts of first class shall apportion county funds to such 
districts and to cities of first class on basis of school population. Clerk of 
board of education shall keep record of proceedings, account of moneys, etc., 
and shall report annually to board. Powers of Tjoard: To have charge of 
school property, maintain kindergartens, elementary schools, high schools, 
and industrial and manual-training schools, and school libraries. Board shall 
supply and loan to all pupils, except in high schools, all textbooks and sup- 
plies, and may sell at cost books and supplies to pupils. School sites or 
buildings may not be sold except by two-thirds majority of board. On the 
election and qualification of a board of education of a county district of the 
first class trustees of districts formerly existing shall convey all school prop- 
erty to such board. Teachers in such districts shall hold certificates from 
State board of education and course of study prescribed by State board shall 
be used in such district. Board shall annually submit to county officers 
charged with assessing and collecting taxes an estimate of funds needed for 
school purposes, and such officers shall make sufficient levy to produce sum. 



264 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Limit of levy for site, buildings, and maintenance of schools: District of 
$10,000,000 or more property valuation, not exceeding 10 mills on the dollar ; 
$8,000,000 to $10,000,000, not exceeding 12 mills; $5,000,000 to $8,000,000, not 
exceeding 131 mills; less than $5,000,000, not exceeding 15 mills. Board 
may submit to voters question of levying a special tax to provide site and 
buildings, and majority may determine to levy for one or more years a tax 
of not exceeding 2 per cent of property valuation. Board in its discretion 
may, and when petitioned by a majority of the resident taxpayers shall, call 
an election in each precinct to determine v^hether bonds for providing site 
and buildings or refunding indebtedness shall be issued ; voters at such elec- 
tion shall be property taxpayers ; amount of bonds, vs^ith existing indebtedness, 
shall not exceed 4 per cent of property valuation of district, and interest 
paid shall not exceed 5 per cent. In its annual estimate of tax needed, board 
shall include an amount sufficient to pay interest and create a sinking fund. 
Bonds issued shall be a lien on taxable property of the district. Board of 
education of any county district of the first class, or two or more such, dis- 
tricts uniting, may establish parental school; any resident child between 8 
and 14 years old who is an habitual truant or who wanders about without 
lawful employment may be committed to such school, and may be released 
in accordance with rules fixed by board of education ; neglected children and 
orphans under 18 years old may be committed, but when parent shows evi- 
dence of reform child may be returned to parent ; district courts shall have 
jurisdiction; parent or guardian may be required to pay cost of keeping 
child; children not residents of district may be admitted on payment of 
expenses. When county district is organized and county contains only such 
district or districts and cities of first and second classes, former office of 
county superintendent is abolished. 

See also A (c2). County officers; H (f), Compulsory attendance. 

Vermont: ToivnsMps. — ^A town shaU constitute a district for school purposes. 
Town clerk, in case ofiices of clerk and prudential committee are vacant 
in district, may call district meeting; such clerk or one of selectmen shall 
preside over meeting- until moderator is elected. The voters in a specially 
incorporated district shall not vote in town meetings on school matters. 
A town may vote to change time of holding annual school meeting, hut same 
shall not be held prior to iNlay 1 or later than Jime 30. The town shall 
provide and maintain suitable schoolhouses, and location and construction 
of same shall be under control of school directors. A town may raise tax 
on its grand list for purchase or rent of school sites or schoolhouses, or to 
build, repair, or furnish schoolhouses. In town districts of over 4,000 popu- 
lation school directors shall be voted for upon a separate ballot deposited 
in a separate ballot box. Women 21 years old shall have equal rights with 
men to vote on all school matters, and same right to hold school offices. A 
town shall have board of school directors consisting of three citizens of 
town, one elected at each annual meeting; term, three years; selectmen 
may temporarily fill vacancies in board of directors until election is had; 
directors shall be sworn and shall elect one of their number chairman. 
Duties of hoard of directors: To have care and management of school prop- 
erty and schools; determine number and location of schools; employ and 
fix compensation of teachers; examine and allow legitimate claims; desig- 
nate schools which shall be attended by the various pupils; make regula- 
tions. Each member of board shall be liable for unauthorized payments 
made by board. Said board shall submit estimate of school expenses to 
annual town meeting. Said board may purchase sites, erect schoolhouses, 



A (f). ADMIKISTEATIVE UNITS: DISTRICTS, ETC. 265 

or sell buildings or sites, wlien authorized by vote of town; shall annually 
make report to town. Compensation of directors shall be determined by 
town. Said board shall appoint a clerk and fix his compensation; in 
absence of clerk, board shall perform his duties; said clerk shall keep 
record of proceedings of board and shall make reports to superintendent 
of education as required; said clerk shall annually make school census and 
shall receive therefor 4 cents for each child of school age. If any person 
in control of a child between ages of 5 and 18 years refuses to give age of 
child, or falsely states same, he shall be fined not less than S5 nor more 
than $20. Said clerk shall furnish census list to school board, teachers, 
and to superintendents of schools. The school board of a town shall submit 
fiscal report of preceding year to auditors of such town before such report 
is submitted to the town clerk ; unless accounts are properly audited directors 
shall receive no compensation for their services. 

Incorporated toivns and cities. — The selectmen of a town, on application 
of three voters in an adjoining unorganized town or gore, may divide such 
unorganized town or gore into school districts, and shall call meeting for 
organization of such districts; record of organization proceedings shall be 
filed with county clerk; such districts shall be bodies corporate; officers of 
such district shall be a moderator, clerk, collector, treasurer, one or three 
auditors, and prudential committee of one or three persons, all being 
elected at annual meeting from legal voters of district ; members of pruden- 
tial committee, when three in number, shall be elected for term of three 
years, one each year; district may vote to discontinue prudential committee. 
School law applicable to towns shall also apply in general to such districts. 
Vacancies in district officers shall be filled by district at special meeting. 
The moderator at a school meeting, the clerk, and members of prudential 
committee shall determine eligibility of persons to vote at school meetings. 
A person who fails to call a district meeting when required so to do shall 
forfeit to district $20 for each 10 days' neglect. If pupils of a district 
are provided with 28 weeks of school during a school year, district shall 
receive Its share of public money, whether such instruction is furnished 
within or without the district. Whenever a child in an unorganized town 
or gore can not receive proper instruction therein, a tax may be levied in 
such territory for payment of tuition, transportation, or board of such 
child, but such expense shall not exceed $1.50 per week. District clerk shall, 
within 10 days after election, give notice thereof to town clerk, otherwise 
he shall receive no compensation for making returns to town clerk's office. 
A school district may elect town collector as district collector. A district 
may vote to increase or diminish its territory; when such action is taken 
by a district, a meeting of the voters in the town, exclusive of voters in 
such district, shall be called to decide the matter; a majority of voters 
present and voting shall be necessary to make such change In the boundaries 
of such district. An incorporated district, by a majority vote of voters 
present and voting at a legally called meeting, may be dissolved. A town 
district may become a part of an incorporated district by a majority vote 
of each district at legally called meetings; in case of such union, each dis- 
trict shall pay its indebtedness, except for repairs and new buildings, and 
shall deposit its records with town clerk. 

Virginia: School districts. — Each magisterial district shall constitute a sepa- 
rate school district unless the State board of education provides otherwise; 
a town of more than 500 inhabitants may, by the council thereof, be consti- 
tuted a single school district, and said council shall appoint a school bonrd 



266 STATE LAWS RELATING TO PUBLIC EDUCATION. 

of three members ; when a district thus formed includes territory outside the 
corporate limits of the town the school trustee electoral board shall appoint 
the school board therefor. 

Suhdistricts. — In any county adopting the provisions of this act each 
district board shall divide its district into subdistricts for primary schools 
for white persons and subdistricts for primary schools for colored persons. 
Such subdistricts may be formed of parts of two or more districts or of two 
or more counties by agreement of the district boards interested; subdistrict 
thus formed shall be under the control of the district and county in which 
its schoolhouse is located. School directors of subdistrict may admit pupils 
from outside territory when tuition of such pupils is provided for; pupils 
from without the subdistrict may not attend school therein without permission 
of said directors. After approval of subdistricts by State superintendent, 
district board shall call a meeting in each subdistrict for the purpose of 
organization; any qualified voter who pays school taxes may vote at such 
meeting; at least one-fourth of persons entitled to vote shall be present at 
meeting; said meeting shall adopt by-laws for its government and for holding 
future meetings. OflScers shall consist of three directors elected for term of 
one year ; one director shall be chairman, one treasurer, and one clerk ; said 
subdistrict board shall be a body corporate ; secretary of meeting shall report 
names of directors to district school board ; each director must be able to read 
and write. Annual subdistrict meetings shall be held in May, and special 
meetings may be held on call of directors or 10 legal voters; only white 
persons shall vote in meetings of subdistricts for white schools and only 
colored persons shall vote in meetings of colored subdistricts ; division superin- 
tendent may attend such meetings and take part in discussion. Unless the 
county and district taxes already levied aggregate 5 mills on the dollar, a 
subdistrict may levy a school tax, but the aggregate of county, district, and 
subdistrict taxes in said subdistrict shall not exceed 5 mills on the dollar. 
Powers and duties of suMistrict directors: To make rules for the govern- 
ment of the school of the subdistrict; call general and special subdistrict 
meetings; contract with the teacher, with respect to the supplement which 
subdistrict may add to the salary of such teacher, and have charge of inci- 
dental expenditures with which subdistrict may supplement funds of district; 
examine claims against subdistrict, and pay the same when approved; visit 
the school at least once a month; determine length of school term, in addi- 
tion to that authorized by other authorities; care for school property; report 
as required by division superintendent; perform duties prescribed by State 
board of education. This act shall not interfere with the duties of the 
division superintendent. It shall not apply, to city and town separate school 
districts having more than one primary school, but such city or town may 
annex contiguous territory for school purposes with consent of school board 
of district affected. State board of education shall make rules for carrying 
this act into effect; misdemeanor to violate the provisions of this act; this 
act shall apply to those counties in which the county school board thereof 
shall adopt its provisions. 

Cities and toions. — For the purposes of this act cities having 10,000 or more 
population shall be cities of the first class; those having less than 10.000 
shall be cities of the second class, but the provisions of the law shall be 
applicable to both unless the one or the other be specifically referred to. The 
school board of each city may, subject to approval of council, divide such 
city into school districts. Until such provision is made every city shall con- 
stitute a single district. In cities divided into wards each ward shall be a 



A (f). ADMINISTRATIVE UlSTITS : DISTRICTS, ETC. 267 

school district. Each city of the second class shall constitute a single school 
district. There shall be but one superintendent of schools for each such city 
and the county in which it is located. The school trustees of each city shall 
be a body corporate. Said board shall have control of all school property 
within the city or town and of contiguous property without the city when the 
title to the same is vested either in said board or in the city. Board shall 
elect a clerk, who may or may not be one of its members. No mayor, member 
of council, or treasurer of a city may be division superintendent of schools 
thereof. The council of each city shall appoint three trustees for each school 
district therein ; term, three years, one being appointed each year ; duties as- 
signed by consolidated body. School board shall annually present to council 
an estimate of money needed to maintain schools. Council shall levy not 
exceeding 50 cents on $100. State funds shall be apportioned to cities sep- 
arately from counties. City treasurer shall be custodian of school funds. 
Division superintendent shall be paid from State funds, but city council 
may supplement his salary. Powers and duties of city school hoard: To 
enforce the school laws and make rules for the government of the schools; 
determine studies to be pursued, methods of teaching, and length of school 
term; employ and dismiss for cause teachers, who shall hold valid certifi- 
cates; suspend or expel pupils; decide what children are indigent and may 
receive free textbooks; establish high and normal schools; see that school 
census is taken; hold regular meetings and determine when special meetings 
shall be held; call meetings of people; provide schoolhouses, equipment, etc., 
but all plans must have approval of division superintendent, who may con- 
demn unfit buildings ; visit schools from time to time ; control the school funds 
of the city and provide for the expenses of conducting the schools ; examine 
all claims against the board and pay the same when approved; submit to 
council a classified estimate of funds needed; perform such other duties as 
may be prescribed by the State board of education. 

The school boards of two adjacent districts may, with the approval of the 
State board of education, establish joint schools. 

See also A (bl), State boards; B (a), General State finance and support: 
C (b), Local bonds and indebtedness; H (b), School census; H (f), Com- 
pulsory attendance. 

Washington: Kinds of districts. — ^Each county shall, for purposes of supervi- 
sion and administration, constitute one county-school district. Any school 
district containing a city of first or second class shall be a district of the 
first class; any district containing a city of third or fourth class shall be a 
district of second class; all other districts shall be of third class; any dis- 
trict formed by consolidation of two or more districts shall be a consolidated 
district; any district composed of territory in two or more counties shall 
be a joint district; any district established for purpose of maintaining a 
high school by union of two or more contiguous districts in same county 
shall be a union high-school district. A school district shall be a body cor- 
porate. Each incorporated city shall be comprised in one school district and 
shall be under control of one board of directors. Any school district may 
purchase a schoolhouse site or sites of not less than 3 nor more than 10 
acres each of any school lands of the State. 

Formation of districts. — ^A new district may be formed on written petition 
of five heads of families residing in proposed district; such petition shall 
describe boundaries of proposed district, shall give names of school children 
residing within such boundnries, and shall be mnde to county superintendent, 
who, upon hearing the same, after due notice to parties interested, may 



268 STATE LAWS RELATI2^G TO PUBLIC EDUCATION. 

establish such new district. No new district formed by the subdivision 
of an old district shall receive any public money until school has been taught 
therein for at least one month; action making a new district shall be void 
if school is not opened in such district within eight months of such action. 
When a new district is formed from one or more old districts it shall receive 
its share of school money to the credit of the one or more old districts. 
County superintendent shall, when a new district is formed, make an equitable 
adjustment of all assets and liabilities of districts affected ; such decision shall 
be final, unless appealed from to board of county commissioners, whose de- 
cision shall be final. When new district is formed, county commissioners shall 
make levy on property therein to satisfy indebtedness, that may exist against 
it. County superintendent shall certify formation of new districts to county 
board of commissioners. 

Joint districts. — A joint district may be formed of two or more contiguous 
districts lying in two or more counties; a petition shall be drawn as pre- 
scribed for formation of other districts and presented to county superin- 
tendents of counties affected; upon due notice said superintendents shall 
meet and act on such petition; said superintendents shall appoint directors 
for such joint district to serve until next election, when said district shall 
elect its directors. A vacancy in office of director of a joint district shall 
be filled by county superintendent of county in which officer vacating resided 
while serving. All transfers of territory to and from a joint district shall be 
made by mutual agreement and joint action of superintendents of counties af- 
fected. Superintendents affected by formation of a joint district shall keep a 
transcript of boundaries of such district. A map of all joint districts shall be 
filed with superintendent of public instruction. For purpose of apportionment 
of State school funds the joint district shall be considered as belonging to 
county in which schoolhouse is located ; county treasurers of counties affected 
shall pay other funds due such district to treasurer of county where school- 
house is located. County superintendents of counties affected shall hear 
testimony and adjust property and liabilities of districts forming a joint dis- 
trict ; their decision shall be final. County commissioners shall make levies 
on property of joint district to cover indebtedness. Reports from joint dis- 
tricts shall be made to superintendent of each county affected. 

Alteration of 'boundaries. — When it is desired to transfer territory from 
one district to another or to enlarge boundaries of a district, a petition 
signed by majority of heads of families of territory to be so transferred must 
be presented to county superintendent, or in case there be no family resident 
in such territory, by board of directors of one of districts affected, setting 
forth boundaries of such territory, reason for transfer and number, of school 
children, if any, residing therein; for making such transfer, notice shall be 
given and hearing and appeal shall be same as in formation of new district; 
county superintendent shall hear and adjust assets and liabilities; appeal 
may be made from his decision to board of county commissioners, whose de- 
cision shall be final. County commissioners shall make levies on property 
of such territory to satisfy any indebtedness of same. 

Extension of city limits. — Whenever an incorporated city shall extend its 
limits so as to include all or part of one or more districts, county superin- 
tendent shall declare territory so added to be a part of the city school dis- 
trict ; if a schoolhouse is located in such added territory and such schoolhouse 
is most accessible schoolhouse for pupils for part of district left outside of 
territory so annexed, county superintendent may annex all or any part of 
such district to city district. County superintendent shall, as in other cases 
where district boundaries are altered, hear testimony, and adjust property 



A (f). ADMINISTEATIVE UNITS: DISTRICTS, ETC. 269 

and liabilities of districts affected. Any district so altered shall retain its 
corporate existence for the piii*pose 'of paying its liabilities. Appeal may be 
made to board of county commissioners from decision of county superrn- 
tendent. 

MisceUaneous. — If a district shall contain less than five school children or 
shall not have maintained at least required minimum term of school during 
year preceding, or in case of territory not a part of a district, or in which 
there are no school children, the county superintendent may, without petition, 
annex such territory to a contiguous district ; the property of any district bo 
disorganized shall be holden for outstanding indebtedness of such district. In 
all cases of alteration of districts, county auditor shall certify the same to 
county assessor. No school district shall contain less than four sections of 
land, unless said district can support six months' school per year, but 
county superintendent may, upon petition of 80 per cent of all heads of 
families of a proposed district, and by and with consent of superintendent of 
public instruction, establish a district containing less than four sections of 
land. 

See also A (c2). County officers; A (d), District boards and officers; B 
(a). General State finance and support; B (e), State aid for elementary edu- 
cation; H (e), Consolidation of districts, etc.; K (c). Uniformity of text- 
books; N (a), High schools. 
West Virginia: Everj'' magisterial district in each county shall be a school 
district, which shall be divided into such number of subdistricts as may be 
necessary for convenience of the free schools therein. 

See also B (a). General State finance and support; N (a), High schools. 
Wisconsin: Town board may alter or unite existing districts or form new 
districts; territory of a district shall be contiguous; no district having out- 
standing indebtedness shall be altered so as to leave such indebtedness ex- 
ceeding 5 per cent of assessed valuation; town board shall make a written 
order describing territory affected by altera tion^ union or formation of dis- 
tricts and file same with town clerk, and shall in case of union or formation 
of districts direct some inhabitant of each such district to notify voters of 
time and place of district meeting; if district is to be formed from adjoining 
towns, boards of such towns shall make joint written order; a district shall 
be deemgd legally organized when any two district officers elected at first 
meeting have filed acceptances of offices, or when district has exercised priv- 
ileges of a district for two years; school district shall be a body corporate. 
When alteration of a district is contemplated, town board shall notifj' district 
clerks of districts affected of time and place of hearing ; district clerks shall 
notify other members of boards; a district may be dissolved and its territory 
attached to other districts. In cases of alteration of districts, town board 
shall file notice thereof with town clerk and with clerks of districts affected. 
The chairman of the town, mayor of the city, or president of board of trus- 
tees of the village, in which schoolhouse of a joint district is situated, shall, 
upon application of at least two members of town board of any town contain- 
ing part of joint district, call joint meeting of town and municipal boards in- 
terested to determine matter of alteration of such joint district; any board 
may make aforesaid application when deemed advisable, and shall make such 
application upon petition of one-third of voters of town, or of two-thirds of 
voters of that part of town included in such joint district. 

See also A (d), District boards and officers; B (e), State aid for elementary 
education; E (b), Teachers' certificates, general; H (f). Compulsory attend- 
ance; K (c), Uniformity of textbooks; N (a), High schools; O (c), Trade 
schools; S (b), Public-school libraries. 



270 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Wyoming: Boundary hoard. — County superintendent of schools and county 
commissioners shall constitute a " district boundary board " for laying off 
county into convenient school districts; such board may change boundaries 
of districts and shall do so when petitioned by majority of legal voters of 
districts affected ; it shall join to a contiguous district any district in which 
no school has been maintained for 12 months, and may take similar action 
in case of district having fewer than eight pupils. Superintendent shall 
notify clerks of districts affected when new districts are formed or district 
lines are changed. A corporate city shall be included in one district, but 
board may annex contiguous territory thereto. Majority of voters in any 
district affected may appeal from decision of boundary board to State 
superintendent. 

School districts. — When a school district is formed, county superintendent 
shall give notice thereof and appoint time and place for district meeting, at 
which three trustees shall be elected by qualified voters; term of trustees, 
three years, one being elected each year. In districts having a population of 
1,000 or more, number of trustees may be increased to six by majority of 
qualified voters. Each school district shall be a body corporate. Qualified 
electors, when assembled, shall have power to appoint a clairman and a 
secretary; determine number of schools and length of term; locate schools; 
vote such sum as may be deemed sufficient for school purposes; direct the 
sale or disposition of any school property; vote not exceeding $100 in any 
one year for district library; delegate all powers mentioned above, except 
voting or raising money, to board of trustees. In voting money, meeting 
shall designate objects and amount to be raised for each object. Voters on 
questions of taxation and issuance of bonds shall be property owners. Board 
of trustees shall make all contracts, etc., necessary to carry out vote of the 
district; members of board may administer oaths pertaining to school busi- 
ness; board may admit pupils from other districts and charge for tuition, 
and may suspend or expel disorderly pupils. Trustees shall advertise for 
bids on all contracts costing more than $200; they shall audit treasurer's 
accounts; they shall appoint a committee from their own number to visit 
schools of the district monthly; they shall, on request of five legal voters, 
call a special district meeting; they shall fill vacancy on board until next 
annual meeting. County superintendent and district trustees may determine 
whether a high school shall be established within the district, th^ number of 
teachers to be employed, and course of study to be pursued; they may erect 
for the purpose one or more schoolhouses. When county lines are changed, 
district separated from county to which it formerly belonged shall continue 
to belong to such county for school purposes until next school election. 

See also N (a), High schools. 



B. STATE FINANCE AND SUPPORT. 



(a) General. 

See also Appendix A — State constitutional provisions relating to public 
education. 

Alabama: Appropriations for public schools. — Six per cent interest on the 
proceeds of the sale of school lands ; 4 per cent on United States Government 
deposit of June 23, 1836 ; proceeds of lands given for school purposes ; sums 
that may accrue to the State as escheats; net amount of poll tax that may 



B (a). GENERAL STATE FINANCE AND SUPPORT. 271 

be collected; proceeds of licenses required to be paid into tbe school fund; 
$500,000 annually, and an additional $100,000 if in the judgment of the 
governor the state of the treasury will permit. 

Arkansas: The common-school fund shall consist of the proceeds of lands 
granted by the United States; moneys and other property belonging to any 
fund for educational purposes; property accruing to the State by escheats, 
estrays, unclaimed dividends, or distributive shares of estates of deceased - 
persons; 10 per cent of the net proceeds of the sale of State lands; grants, 
gifts, and devises not otherwise appropriated by said grant, gift, or devise. 
But the proceeds of the sale of the sixteenth section of land shall not be 
included in the common-school fund. The principal arising from the sale of 
the sixteenth section shall never be apportioned or used, but the income 
therefrom, together with $1 per capita from every male inhabitant over 
21 years old and so much of the annual State revenues as may be set apart, 
shall be appropriated for maintaining a system of free public schools. The 
per capita tax levied in any single or special school district and the school 
tax levied by vote of the qualified electors of the district shall be collected 
by the county collector at the same time and place that the State taxes are 
collected and shall be paid to the treasurer of said district. 
See also A (bl), State boards; A (b2), State officers. 

California: Collateral inheritance tax collected up to $250,000 shall be paid 
into State school fund. 

Colorado: General fund. — It shall be unlawful for any school board to use any 
part of the general school fund for school buildings or sites unless a portion 
of said fund remains after all expenses are paid for running the schools 10 
months. A "permanent school emergency or call fund" is created and 
$20,000 is set apart from the general school income fund for said purpose; 
when on account of unavoidable misfortune a school district is in financial 
distress and the special tax and apportionment of school funds are insufficient 
to provide proi)er school facilities in said district the State superintendent 
may give the necessary aid to said district from the " permanent school 
emergency or call fund," such aid to be approved by the governor and 
attorney general. 

Connecticut: The committee of each school district, or the clerk, shall annu- 
ally in September enumerate every person belonging to said district over 4 
and under 16 years old, together with names of parents or guardians, and 
shall return the same to the school visitors of the town ^ before September 25 ; 
returns shall show children in school and those not in school and the reasons 
for nonattendance ; also the names of employers where children are em- 
ployed ; the school visitors shall correct returns and lodge the same with the 
town treasurer; they shall also transmit to the State comptroller a cer- 
tificate of such enumeration. In like manner each town school committee 
shall have enumeration made and returns filed. Any person having control 
of a child between 4 and 16 years old who shall refuse to give the enumerator 
the required information shall be fined $3. The comptroller shall after 
February 28 draw orders for the support of the common schools at the rate 
of $2.25 per child enumerated, and the State fund thus provided shall be 
distributed to towns in proportion to enumeration, but no money shall be 
distributed to any town which has not filed a certificate that schools have been 
kept for term required by law and that all moneys drawn from the State 
treasury have been expended only for teachers' wages. Every town having 

1 Township. 



272 STATE LAWS ?vET.ATING TO PUBLIC EDXJCATlON. 

a valuation of not exceeding $2,500,000 inay receive annually from the State 
a sum which will enable such town to expend annually $25 per pupil in ave?-- 
age attendance, but payments of principal and interest on indebtedness and 
the exlDense of new buildings, sites, and permanent improvements shall not 
be included in obtaining the cost per pupil. Such towns must have levied 
taxes as follows: Fiv6 hundred thousand dollars of valuation or less, 2| 
mills on the dollar ; ,$500,000 to $1,000,000, 3 mills ; $1,000,000 to $1,500,000., 
3^ mills; $1,500,000 to $2,000,000, 4i mills; $2,000,000 to $2,500,000, 6 mills. 
Secretary of the board of school visitors or town school committee shall 
annually certify to the State board of education the average attendance and 
that the schools have been taught by qualified teachers for the time required 
by law, that the amount of tax required has been levied and expended foi* 
the schools, and that the amount received from the State has been expended 
for teachers' salaries only. Deduction shall be made for any district which 
has not kept its school according to law, and only the enumeration for the 
remaining portion of the town shall be taken into account. The income of the 
town deposit fund and of any other town fund for the support of the schools 
shall be paid annually into the town treasury for the schools; the income of 
anj district shall be paid into the district treasury, but if such district shall 
cease to exist said fund shall be paid over to the school-fund treasurer of 
the town and the income thereof shall be expended for the school within or 
nearest to the former district to which it belonged. The school visitors and 
selectmen of any town which has not voted to consolidate its districts shall 
annually estimate the cost of running each school in the town and shrdl. notify 
the several district committees of the amounts so fixed. The school year 
shall extend from July 15 to July 14 of following year. Any district of a town 
not consolidated may, by contributing an amount in excess of that estimated 
by the school visitors and selectmen, extend its term beyond that required 
by. law. Teachers shall be paid at the end of each month unless otherwise 
ordered by the district at its annual meeting; selectmen shall at the close 
of each month draw an order for teachers', wages, including board, and for 
incidental expenses; if expenses of district exceed those fixed by the joint 
board of selectmen and visitors, said board shall decide whether such excess 
is necessary, and if found necessary town shall pay it, otherwise district 
shall pay it. At the close of the period for which teachers are paid school 
visitors shall report to selectmen as to whether schools have been kept 
according to law. No town which contains a city shall be required to expend 
annually for school purposes a greater sum than would be raised by a tax 
of 1 mill on the dollar, if said city is organized into one or more school dis- 
tricts by which a sum has been appropriated for the support of public schools 
during the year in which such tax would be payable sufficient, with the in- 
come derived from other sources, to pay the wages of teachers, cost of fuel 
and incidental expenses of the public schools of said district or districts for at 
least 36 weeks. Every town which shall refuse or neglect to provide public 
schools shall forfeit to the State a sum equal to the amount which it is 
required to raise. When the number of pupils in any district shall be so 
small as to render the maintenance of a separate school in said district inex- 
pedient the board of school visitors may unite the school of such district 
Vvith the school of an adjoining district and may pay for the transportation 
of pupils out of the town treasury. School district shall pay expenditures 
incurred in addition to those provided for by the town. No district shall 
receive any money from the State or town unless said district shall report 
to school visitors as required by law. In all cases where a school has not 



B (a). GENEEAL STATE FINANCE AND SUPPORT. 273 

been kept according to law the secretary of ttie State board of education 
shall be the judge as to whether forfeiture therefor shall be set aside. 
See also A (bl), State boards. 

Delaware: The money appropriated by the legislature for the public schools 
and the income from the investment of the public-school fund shall consti- 
tute the school fund for the year. The State treasurer shall, while in office, 
be the trustee of the school fund and shall apportion such fund to counties 
and distribute each county's share to districts in proportion to number of 
teachers emploj^ed, but no discrimination shall be made between districts 
for white schools and districts for colored schools; such fund shall be used 
for the payment of teachers' salaries only, but no teacher not in an incor- 
porated district shall receive exceeding $40 per month from the State fund. 
No school district shall be entitled to any part of the State school fund, 
unless such district shall levy the local tax required by law. The pro- 
visions of this act shall apply to incorporated districts when not incon- 
sistent with the acts incorporating such districts ; none of the provisions of 
this act shall affect the rights, privileges, and immunities of the city of Wil- 
mington. 

Georgia: The common-school fund shall consist of poll tax, special tax on 
shows and exhibitions, dividends on stock of the State in the bank of 
Georgia and Georgia Railroad & Banking Co., one-half of the proceeds of the 
rental or annual net earnings of the Western & Atlantic Railroad, gifts 
and bequests, proceeds of commutation tax for military services, taxes on 
domestic animals destructive to other property, any educational funds be- 
longing to the State (except university endowment), and such other funds 
as legislature may raise by taxation for educational purposes; said fund 
shall be kept separate from other funds and shall be used for school pur- 
poses only. 

(In lieu of the above a direct State appropriation of $2,550,000 is made.) 

Idaho: School fund shall consist of proceeds of school lands, other grants to 
State for school purposes, and moneys accruing from estates of deceased 
persons. Lands acquired by foreclosure on loans of school funds and those 
which escheat to the State shall be held as school lands. Tax for public 
schools in the several counties must be levied by county commissioners and 
must be collected in same manner as other taxes and paid into county 
treasury. All moneys from fines, forfeitures, or breaches of the penal laws 
shall be apportioned to school fund. County commissioners shall levy a 
county school tax of not less than 15 nor more than 50 cents on $100 of 
property; governing authorities of cities, towns, districts, etc., authorized to 
levy taxes must, on or before third Monday of September, certify to county 
auditor the tax rate levied in city, town, district, etc., and he shall file 
levies in offices of the assessor and the collector; all taxes of every city, 
town, district, etc., shall be collected, paid into county treasurer, and appor- 
tioned to such city, town, etc. One and one-half per cent of taxes col- 
lected from districts, etc., shall be set aside for current-expense fund to 
pay county officers for assessment, collection, etc. State school funds shall 
be apportioned by State superintendent to counties on basis of school census ; 
State superintendent shall certify to State auditor and to county superin- 
tendent and county treasurer amount apportioned to each county. County 
treasurer shall report quarterly to county superintendent amount of money 
on hand and superintendent shall apportion the same to districts. Superin- 
tendent shall apportion two-thirds of whole amount on basis of school 

3966°— 15 IS 



274 STATE LAWS RELATIITG TO PUBLIC EDUCATION". 

census, but no district shall be considered as having less than 25 children; 
5 per cent of remainder shall be apportioned to high-school districts and 
consolidated districts doing high-school work on basis of number of teachers, 
but amount shall not exceed $300 annually for each teacher; 50 per cent of 
remainder shall be used for aiding weak districts to maintain minimum 
term; balance of whole amount shall be apportioned on basis of school 
census; no district which has not complied with this act shall share in the 
distribution. County treasurer shall keep a separate account with each dis- 
trict; superintendent shall notify treasurer of district's failure to comply 
with law and treasurer shall withhold funds; funds finally forfeited by 
district shall revert to county fund. Duties of county superintendent : To 
keep separate accounts with each district, place to credit of each district 
amount apportioned, countersign all warrants and orders and enter the 
same on his books, collect from proper officers fines, etc., which belong to 
school fund. County auditor shall draw warrants on order of clerk of dis- 
trict when such order is countersigned by chairman of district board and 
by county superintendent; in independent district clerk shall draw warrant, 
chairman shall countersign, and district treasurer shall honor it. Warrant 
may be drawn when funds are not available for immediate payment, but 
overdrafts shall not exceed prospective income of district; holder of such 
warrant may file it and receive 7 per cent interest ; in independent districts 
overdrafts shall not exceed 95 per cent of income. 

Illinois: The State common-school fund shall consist of the proceeds of a 
2-mill State tax; the interest on the school fund proper, which fund is 3 per 
cent upon the sale of public lands, one-sixth part excepted; and the interest 
on the surplus revenue distributed by act of Congress and made a part of the 
common-school fund by act of the legislature, March 4, 1837. The interest on 
the school fund proper and the surplus revenue shall be paid by the State an- 
nually at the rate of 6 per cent. The auditor of public accounts shall annually 
apportion the common- school fund to counties in proportion to the number of 
persons under 21 years old. County superintendent shall, under rules and 
regulations prescribed by State superintendent, apportion annually the prin- 
cipal of the county fund to townships and parts of townships on the basis of 
number of persons under 21 years old ; said principal of the county fund shall 
be added to the principal of the township fund ; the interest, rents, issues, and 
profits arising from the principal of the county fund shall be distributed to 
the townships and parts of townships in the county as required by the provi- 
sions of this act ; the proceeds of the sale of the sixteenth section or of the sale 
of any real estate or other property taken on any judgment or debt due to the 
principal of the township fund and all other- funds made a part of the princi- 
pal of the township fund shall forever constitute the principal of the township 
fund and no part thereof shall ever be distributed ; the income of the town- 
ship fund shall be distributed as provided by this act. 

Indiana: The surplus revenue fund, funds heretofore appropriated to the 
common schools, the saline fund, bank-tax fund, proceeds of sale of county 
seminaries, fines, forfeitures, estates which escheat to the State, lands granted 
to the State when no special object is expressed in the grant, proceeds of sale 
of swamp lands, taxes on corporations for school purposes, and fund arising 
from the charter of the State bank shall constitute the " common-school 
fund." The proceeds of the sale of the congressional township school lands 
and the unsold congressional township school lands shall constitute the " con- 
gressional township school fund," which shall never be diminished in amount. 
The income from the congressional township school fund, together with State 



B (a). GENEEAL STATE FINANCE AND SUPPORT. 275 

taxes, income from liquor licenses, and unclaimed fees shall be called the 
" school revenue for tuition," the whole of which is appropriated and shall be 
applied exclusively to furnishing tuition in the common schools. Moneys aris- 
ing from the sale of estray animals shall be transferred to the common-school 
fund of the county. County commissioners shall pay to the township from 
general county funds all deficits in interest on the common-school fund and 
the congressional township school fund intrusted to their care. The county 
« auditor shall keep for each township separate accounts of the common-school 
fund and the congressional township school fund. The custody of congres- 
sional township school lands shall be with the trustee of the civil township, 
who shall pay rents into county treasury. When county line divides any con- 
gressional township, the proper officer in the county in which school lands are 
situated shall control such lands and auditor of said county shall make settle- 
ment of the proceeds thereof between the parts of said township on the basis 
of enumeration of children. On petition of five legal voters, trustee shall call 
an election in the townsl\ip to determine question of selling school lands and 
majority of votes cast shall determine the sale; such sale shall be made by 
county auditor and county treasurer. When purchaser fails to pay interest 
on deferred payments, lands shall be forfeited and may be resold. At least 
one-fourth of purchase money shall be paid at time of purchase and the re- 
mainder shall be paid within 10 years. An election to determine sale of lands 
shall be unnecessary where a majority of the legal voters of the township 
petition for such sale. The principal of common-school fund or congressional 
township school fund when paid into county treasury shall be loaned out at 
6 per cent interest. County auditor shall advertise funds on hand and subject 
to loan. Funds shall be loaned preferably in the county to which they belong, 
but may be loaned elsewhere in the State. No loan shall be made for a longer 
term than five years ; amount loaned to any one person or company shall not 
exceed $4,000, nor 50 per cent of the value of security. When school funds 
accumulate to the amount of $1,000 or more and remain unloaned for one 
month or longer, county may borrow the same and pay interest at 6 per cent. 
Whenever more than $5,000 of either the common- school fund, the congreS' 
sional township school fund, or the Indiana University endowment fund shall 
accumulate in any county the State auditor may transfer the same to any 
other county or counties having applications for loans beyond amounts avail- 
able for loaning. Principal of loan shall become due when borrower fails to 
pay interest; county auditor shall take necessary steps to collect on security. 
Where lands are taken on mortgage and auditor is unable to sell the same for 
a sum sufficient to pay the loan, county may buy said lands and pay the 
proper school fund for the same. 

See also A (b 2), State officers; A (d). District boards and officers. 

Kentucky: School fund shall consist of (1) interest at 6 per cent on the State 
bond for $1,327,000; (2) dividends on 798 shares of stock of Bank of Ken- 
tucky owned by State; (3) interest at 6 per cent on $381,986.08 surplus due 
counties and remaining a perpetual obligation; (4) interest at 6 per cent on 
$606,641.03 received from United States under act of March 2, 1891; (5) an- 
nual tax of 261 cents on the hundred dollars of real and personal estate and 
corporate franchises; (6) such portions of the fines, forfeitures, and licenses 
as State common-school tax bears to all taxes other than those for agri- 
cultural and mechanical college. Auditor shall keep accounts of fund ; shall 
transfer credits to treasury monthly; allow no annual expenditures beyond 
revenue and see that no county overdraws. Net revenue of fund shall con- 
stitute sum to be distributed; county fees, etc., must be paid out of county 



276 STATE LAWS RELATING TO PUBLIC EDUCATION. 

levy, not out of distributable revenue. State superintendent shall ascertain 
for year pro rata share of each pupil-child ; shall file said estimate and appor- 
tionment with auditor and report to each county the amount to which it is 
entitled. If pro rata of any county is not called for after the second school 
year it shall be covered into the treasury; subdistrict shall be entitled to 
carry balance from one year to next. State superintendent shall make out 
statement of surplus due each county; bond surplus in State treasury shall 
bear interest at 6 per cent. For each school year auditor shall distribute 
school funds due to each county superintendent and to each city, town, or 
village in a fixed proportion. When per capita distribution is between $4.75 
and $5.35 schools shall be extended from six to seven months: when above 
$5.35 term shall be eight months. 

Se also A (f), Administrative units — districts, etc. 
Louisiana: Current school fund shall be used for support of public schools; 
interest on United States deposit fund shall be used for support of public 
schools, to be $28,795.14 annually ; fines imposed by the several district courts, 
and amounts collected on forfeited bonds in criminal cases, after dedlicting 
commissions, shall be applied to public schools. Parishes, wards, cities, 
towns, villages, school districts, drainage districts, road districts, and sub- 
drainage districts may levy special taxes and incur debts and issue bonds 
therefor, parish of Orleans and city of New Orleans excepted; election must 
be called for such purposes ; indebtedness of any subdivision shall not exceed 
10 per cent of assessed value of property ; such school bond elections shall be 
held under supervision and at expense of school boards; a majority vote in 
number of the property taxpayers shall be necessary to levy such tax or 
incur any such debt ; the governing authority of any such division shall levy 
taxes and incur indebtedness when lawfully authorized to do so ; bonds shall 
run for no longer than 40 years nor bear interest to exceed 5 per cent per 
annum; taxes shall be levied for purpose of paying interest on bonds and 
creating sinking fund for redemption thereof; poll tax shall be used for 
school purposes; lands appropriated by Congress for public schools may be 
sold upon a majority vote of electors of any township at an election held for 
such purpose; interest accruing from proceeds of sales of school lands may, 
by vote of electors, be paid annually to the township or district, otherwise 
interest shall be an accumulating fund to their credit until called for. Cer- 
tain lake beds shall be open to entry and sale for account of the State for 
school purposes ; proceeds from such sales shall be placed to credit of general 
school fund. Parish board may, by vote of electors, lease oil and mineral 
rights OB sixteenth-section school lands. In all cases of lease of sixteenth- 
section school lands, or sale of timber thereon, or lease or sale of oil and 
mineral rights, cash payment, after paying expenses of election and making 
of sale and lease, shall be credited to account of current school fund of parish. 
Leases or sales of timber, oil, and mineral rights shall expire automatically 
after 10 years. Trespass on sixteenth- section land shall be deemed a mis- 
demeanor. School indemnity lands shall be sold by register of State land 
office, after due notice, for not less than $2.50 per acre. Price of seminary 
lands shall be fixed at $1.25 per acre. The proceeds of all lands granted by 
United States to this State for use or support of public schools, except six- 
teenth section in various townships of State specially reserved by Congress 
for use and benefit of people therein; all lands which may be granted or 
bequeathed to State for ^o other specific purpose which may be disposed of 
by the State, and 10 per cent of net proceeds of sales of public lands, and 
proceeds of estates of deceased persons to which State is entitled shall be 



B (a). GENERAL STATE FINANCE AND SUPPORT. 277 

held by the State as a loan, to remain a perpetual fund by name of " free 
school fund," on which State shall pay an annual interest of 6 per cent; 
which interest, together with interest on United States deposit fund, with 
rents of unsold lands, except that of sixteenth sections, shall be appropriated 
for support of public schools; donations for support of public schools, and 
sums set aside by legislature, shall form part of fund, and shall be a loan on 
which the State shall pay an interest of 6 per cent per annum. Special 
sources of revenue are : Residue from sale of unclaimed merchandise in ware- 
houses; residue from sale of unclaimed freight in railroad warehouses; pro- 
ceeds from sale of " island other than marsh lands " ; from " land grants " 
other than sixteenth section ; from sale of " internal improvement " swamp 
indemnity lands and certificates; act 180 of 1902; all fines and forfeited 
bonds ; fines for violation of laws relative to inquests, etc. ; recision of town 
charters ; donations ; fees ; inheritance tax ; State appropriation for high and 
agricultural schools; special, school tax. 

Maine: Proceeds of lands appropriated for support of schools or of notes 
taken therefor and of other moneys appropriated for the same purpose shall 
by treasurer be kept separate and such sum shall constitute a permanent 
school fund; a sum equal to 6 per cent of such fund, one-half the sum re- 
ceived by State from franchises of savings banks, and one-half the sum 
assessed upon the deposits of trust and banking companies shall be annually 
appropriated to the support of the common schools and apportioned to the 
several towns according to number of children between 5 and 21 years old; 
immediately after apportionment treasurer shall notify each town of its 
proportion, which shall not be paid until returns are made nor until town 
pays State tax assessed. A tax of li mills on the dollar shall annually be 
levied and shall be known as the mill tax for the support of the common 
schools; this fund shall be apportioned to cities, towns, and "plantations " ac- 
cording to nimiber of scholars therein in the preceding year. Unexpended 
balance of mill fund at end of fiscal year shall be added to permanent school 
fund. 

A tax of li mills for common schools shall be levied and collected as other 
State taxes. One-third of such fund shall be apportioned according to number 
of scholars during preceding year in cities, towns, and plantations; remain- 
ing two-thirds shall be distributed according to valuation in cities, towns, 
and plantations. All moneys raised by towns for school purposes or appor- 
tioned by State shall be used for common schools. 
See also P (c). Teachers' pensions. 

Maryland : For 1915 and 1916 a tax of 17 cents on the hundred levied. There 
is appropriated for free schools, normal schools, State board. State superin- 
tendent and assistant, pensions, textbooks, and high schools, $1,450,000, " or 
whatever sum may be paid into the treasury on account of the tax for public 
schools" ; it shall be apportioned quarterly, October 1, January 1, March 15, 
June 15 ; " together with the further sum of $34,069.36," substituted for the 
interest on the surplus revenue and paid out of the public-school tax; also 
for interest on stocks standing to the credit of the free-school fund, donations 
to colleges, academies, and schools, $44,500; for the indigent blind, $33,000; 
treasurer shall pay to each county and to city of Baltimore its proportion 
of the free-school fund ; as soon as comiDtroller receives returns of amount of 
school tax levied he shall apportion whole levy in proportion to population 
5 to 20 years. On January 1, March 15, June 15, and October 1 comptroller 
shall apportion amount of school tax received by treasurer in proportion to 
whole amount apportioned; he shall notify State board of education and 



278 STATE LAWS RELATING TO PUBLIC EDUCATIOK. 

county school boards, and treasurer shall pay within 10 days ; provided if in 
any county schools shall have been kept open less than nine months or any 
whites teacher has received less than $300, March installment shall be with- 
held ; (provided Garrett County shall be obliged to keep its schools open seven 
and oue-half months and pay its teachers a minimum of $250. Comptroller 
shaH" equalize as far as possible sums to be apportioned so as to distribute 
same amount on each day; comptroller shall apportion amount allowed on 
levy for insolvents. Treasurer shall pay annually $400 to the Anne Arundel 
County Academy. 

Massachusetts: All moneys raised by taxation for school purposes shall be 
expended only in public schools; such money shall never be appropriated to 
any religious sect for the maintenance, exclusively, of its own school. 
See also B (c). Permanent State school funds. 

Missouri: See A (bl). State boards; A (b2). State officers. 

Montana: An irreducible permanent school fund is created. County commis- 
sioners shall levy annual tax of 4 mills on the dollar for common schools; 
fines for violation of the law shall be paid into school fund unless otherwise 
specified by law; district trustees shall certify to county commissioners 
amount of special tax needed and such commissioners shall levy such special 
district tax not to exceed 10 mills; in districts of first and second classes 
trustees shall estimate sufficient amount to run schools nine months; ap- 
portionment of funds by county superintendent shall be based on number of 
children 6 to 21 years old ; when not needed for road purposes road funds of a 
district may, on order of county commissioners, be transferred to school 
fund; proceeds of sale of town lots sold under legislative acts relating to 
town sites shall be turned into county treasury to be used for school-build- 
ing purposes in the district where such town site is located, unless otherwise 
ordered by vote of qualified electors. Duties of county treasurer: To hold all 
school moneys and keep separate account for each district ; render to district 
trustees quarterly statements of warrants paid and moneys received; notify 
county superintendent of amount of money subject to apportionment ; pay all 
warrants when properly countersigned ; make annual report to county super- 
intendent. County assessor shall annually notify coimty superintendent of 
the assessed valuation of each district; clerk of district court shall report 
amount of fines to county superintendent; justice of the peace shall report 
to county superintendent whether he has imposed any fines. 

Nevada: All moneys accruing to this State from the sale of lands which have 
been or may be given for public-school purposes; all fines collected under 
penal laws; 2 per cent of gross proceeds of all toll roads and bridges, and 
all estates that may escheat to the State, shall constitute the State permanent 
school fund. All moneys derived from interest on permanent school fund, 
together with State school tax, shall constitute the State distributive school 
fund, and shall be apportioned semiannually among the several school dis- 
tricts of the State. County commissioners of each county shall levy annually 
a county school tax of no less than 2i nor more than 5 mills on the dollar 
on taxable property ; a special school tax of 2i mills on the dollar on taxable 
property may be levied in any district by county commissioners, upon in- 
struction by trustees, when funds already apportioned shall be insufficient. 
Trustees may call elections to determine the advisability of levying taxes for 
additional school facilities. County school funds may be used to build and 
equip schoolhouses, purchase libraries, pay teachers, or for contingent ex- 
penses. State comptroller shall keep account of State permanent school fund, 



B (a). GEN-EEAL STATE FINAKCE AND SUPPORT. 279 

and shall make annual report of securities of such fund to State board ; State 
comptroller shall make annual report of State 'distributive fund to State super- 
intendent. State treasurer shall be legal custodian of permanent school fund 
securities. County treasurer shall receive and hold as deposit all school 
funds; make semiannual report to State superintendent; pay out school 
moneys on warrant of county auditor by order of trustees, but for buildings 
and repairs no amount over $500 shall be disbursed except with approval of 
State superintendent; make full annual report to State superintendent, fail- 
ing to do which he shall forfeit to county school fund $100 of his salary. 
Only in cases of taxes collected independently of regular taxes shall tax col- 
lector or treasurer receive any compensation for handling the same. County 
auditor shall make an annual report to State superintendent in reference to 
school funds. Trustees may order the issuance of interest-bearing warrants 
for current expenses whenever school funds are insuflBcient ; interest on such 
warrants shall not exceed 7 per cent; said warrants shall not exceed ex- 
penses for current year, and county commissioners shall levy a tax sufficient 
to pay the principal and interest on same within three years. Every officer 
of Nevada, State, civil, and military, except commissioners of deeds and 
notaries public, shall upon receipt *of his commission pay the secretary of 
state $5, which, together with all other fees collected in the office of the 
secretary of state, shall constitute a part of the library fund ; all money in 
excess of $5,000 of this fund shall be equally divided every year between 
the general fund of the State treasury and the general State school fund. The 
grantee of eAery public utility franchise shall annually pay into the school 
fund of every county where operating 2 per cent of the net profits of such 
public utility; the proceeds from the ^ale of any unclaimed animal shall be 
placed in the county school treasury; by a majority vote of taxpayers of a 
district the unexpended balance of road fund may be transferred to district 
school fund. 

See also K (c), Uniformity of textbooks; L (a), Course of study. 
New Hampshire : All taxes collected by the State upon the deposits, stocks, and 
attending accumulations of depositors and stockholders of banks and similar 
corporations, who do not reside in the State, or whose residence is unknown, 
shall be known as the "literary fund." The State treasurer shall annually 
distribute the literary fund among the towns in proportion to number of 
pupils not less than 5 years of age who attended public schools not less than 
two weeks within that year; no unincorporated place shall receive its por- 
tion until a treasurer or school agent shall have been chosen therein. Liter- 
ary fund shall be assigned to districts as other school money, and shall be 
applied in maintenance of public schools for cuiTent year ; one-fifth of same 
may be applied to purchase of supplies and apparatus; any person who shall 
apply such money to any other purpose shall refund to the State treasurer 
double the sum so misapplied. State aid, other than literary fund, shall not 
be given to towns having an equalized valuation of more than $9,500 per 
pupil of average attendance for the year preceding; or whose population by 
last Federal census was more than 3,500 ; or whose schools have been main- 
tained less than an average of 30 weeks for year next preceding; or whose 
tax rate is less than $3.40 on $1,000 of equalized valuation. There shall 
annually be appropriated to towns not excluded by foregoing provisions 
State money as follows: To towns having equalized valuation per pupil of 
average attendance of less than $3,500, the sum of $1.75 per school week for 
every 25 pupils or major part thereof of average attendance for year next 
preceding; towns having equalized valuation per pupil of from $3,500 to 



280 STATE LAWS RELATIXG TO PUBLIC EDUCATION. 

$4,500, $1.50 ; towns having equalized valuation per pupil of $4,500 to $5,500, 
$1.25; towns having equalized valuation per pupil of $5,500 to $7,000, $1; 
towns having equalized valuation per pupil of $7,000 to $9,500, 75 cents. 
When any district shall employ a graduate of a New Hampshire normal 
school, or normal school of another State of same grade, or persons holding 
a permanent New Hampshire State teacher's certificate, it shall receive fur- 
ther sum of $2 per weel£ for every teacher so employed. Funds for district 
supervision and high-school tuition, provided by law, shall be set aside from 
State-aid fund before other appropriations shall be made. The sum of 
$95,100 shall constitute the annual State-aid fund ; if this amount shall prove 
insufficient, then towns having the highest equalized valuation per pupil shall 
be omitted in order from such distribution ; all such money shall be exi>ended 
under supervision of the governor and council. Towns whose rate of taxa- 
tion for school purposes in any year is $3.50 or more on $1,000, and whose 
average rate for all purposes for five years preceding is $16.50 or more on 
$1,000, shall receive a part of high-school tuition rebate as follows: If tax 
rate is from $16.50 to $17.49, one-tenth of tuition paid; if from $17.50 to 
$18.49, two-tenths; if from $18.50 to $19.49, three-tenths; if from $19.50 to 
$20.49, four-tenths; if from $20.50 to $21.49, five-tenths; if from $21.50 to 
$22.49, six-tenths; if from $22.50 to $23.49, seven-tenths; if from $23.50 to 
$24.49, eight-tenths; if from $24.50 to $25.49, nine-tenths; over $25.49, the 
whole of such tuition. 

New Jersey: The governor, attorney general, secretary of state, State comp- 
troller, State treasurer, and commissioner of education shall constitute a 
board of trustees of the fund for support of public schools arising from 
appropriations, gift, grant, bequest, or devise; secretary of state shall be 
secretary of such board; all riparian lands are appropriated for public 
schools; proceeds of sales and leases of such lands shaU belong to said 
fund, but only interest thereon shall be part of income of school fund- 
Moneys belonging to the school fund shall be invested in bonds of the several 
school districts of the State, or in bonds of the United States, or of this 
State, or in bonds of certain cities, incorporated towns, townships, or bor- 
oughs of the State; income of said fund shall be used exclusively for sup- 
port of public schools, payment of salaries of county superintendents, and 
payment of premiums and accrued interest on bonds purchased by said board. 
State treasurer shall make annual report to legislature relative to said fund ; 
no compensation shall be paid to trustees for services rendered under pro- 
visions herein contained. Said board shall not invest any part of said fund 
in bonds secured by mortgage on lands, but may purchase land and premises 
exposed for sale under order or decree of court for payment of any mortgage 
incumbrance thereon held by said board; said board shall not bid a higher 
price for such lands and premises than shall be sufficient to produce amount 
due upon said incumbrance and costs; real estate thus acquired shall be 
sold when advisable, and board may loan purchaser one-half amount of pur- 
chase money, same to be secured by bond and mortgage on the property. 
Sum of $200,000 shall be annually apportioned from income of school fund 
for support of public schools; if income shall not equal said sum, deficit 
shall be drawn from the State treasury. 

New Mexico : A uniform system of public schools sufficient for and open to all 
children of school age shall be established and maintained. All fines and 
forfeitures collected under general laws, the net proceeds of property that 
may come to the State by escheat, the rentals of all school lands granted 
to the State, the disposition of which is not otherwise provided for by the 



B (a). GENEEAL STATE FINANCE AND SUPPORT. 281 

terms of the grant or by act of Ck)ngress, and the income from the permanent 
school fund, shall constitute the current school fund of the State. The legis- 
lature shall provide for an annual tax for the maintenance of the public 
schools, the proceeds of such tax levy to be added to the current school 
fund. The said fund shall be distributed among the school districts of the 
State in proportion to the number of children of school age in each dis- 
trict. The legislature shall provide for the levy and collection of additional 
local taxes for school purposes. Before making the distribution there shall 
be taken from the current school fund a sufficient reserve to be distributed 
among school districts in which the proceeds of the local tax, when levied 
to the limit allov>^ed by law, plus the regular quota of current school funds 
allotted to said district, shall not be sufficient to maintain school for the 
full period of five months, and this reserve fund shall be distributed among 
such districts to enable each district to hold school for the said period. The 
principal of the permanent school fund shall be invested in the bonds of 
the State or Territory of New Mexico, or of any county, city, town, board 
of education, or school district therein. .All losses from such funds shall 
be reimbursed by the State. Board of county commissioners shall annually 
levy a tax of 1 mill on the dollar upon all taxable property, the proceeds 
whereof shall be added to the current school fund. Any tax collector who 
shall fail to turn over all school money collected by him within 30 days after 
the 10th of the month in which same is collected shall be summarily 
removed from office by the governor. Any balance remaining in the reserve 
fund at the end of the school year shall be set aside by the State treasurer 
to the credit of the " School building fund " ; any " weak " district may 
make application to the State superintendent and attorney general for part 
of said fund to be used in building and furnishing suitable schoolhouse; no 
more than $300 for building or completing any school building, nor more than 
$50 for furnishing any schoolroom, shall be allowed any such district, and 
district receiving such aid shall furnish in labor or money at least one-third 
of the cost of the construction or the furnishing of such school building; 
the site for such school building shall be provided by the directors of the 
district; plans and specifications for building or furnishing such school 
building shall be submitted to the State superintendent and attorney general 
for their approval; contracts for constructing or furnishing such school 
building shall be awarded upon the basis of competitive bids by the board 
of school directors acting in conjunction with the county superintendent; 
any district receiving such aid shall in each year when there is a surplus 
remaining in the district fund after expenses of maintaining five months' 
school shall have been paid, pay such surplus to the State treasurer, the 
same to be credited toward payment of funds so borrowed by the district for 
constructing or furnishing such school building. 
New York: The school moneys consist of three separate funds annually appro- 
priated by the legislature: (1) The appropriation for the support of common 
schools; (2) the appropriation for cities, academies, academic departments, 
and libraries; (3) the appropriation for training classes and schools; all 
apportioned by the commissioner of education. 

Appropriation for common schools. — ^After setting aside a contingent fund 
of not more than $10,000 said commissioner ^all apportion balance as fol- 
lows : (1) To each city and to each nnion district of 5,000 population or more 
which employs a superintendent of schools, $800, to be known as supervision 
quota ; (2) to each district having assessed valuation of $20,000 or less, $200; 
(3) to each district having $20,000 to $40,000 assessed valuation, $175; (4) 



282 STATE LAWS RELATING TO PUBLIC EDUCATION. 

to each district having $40,000 to $60,000, and to each Indian reservation, for 
each teacher employed for at least 165 days, $150; (5) to incorporated orphan 
asylums, except in city of New York, $125; (6) to each of remaining districts 
and cities, $125 (apportionment provided by subdivisions 2, 3, 4, 5, and 6, 
to be known as district quotas) ; (7) to each such district, city, or orphan 
asylum for each additional qualified teacher and his successors, by whom 
schools are taught required time, $100, to be known as teacher's quota; (8) 
to school district maintaining school for less than 180 days, proportionate part 
of teacher's quota; (9) to each separate neighborhood, an amount upon basis 
of distribution; (10) errors or omissions in apportionment shall be corrected 
by said commissioner of education, and contingent fund shall be drawn on 
for such purposes. To each city and union free-school district for each gen- 
eral industrial school, trade school, part-time or continuation school, or even- 
ing vocational school maintained therein for 36 weeks during the school year 
and employing one teacher whose work is devoted exclusively to such school, 
and having an enrollment of at least 15 pupils and maintaining an organiza- 
tion and a course of study, and conducted in a manner approved by said 
commissioner, a sum equal to two-thirds of the salary paid to such teacher, 
but not exceeding $1,000. To each city, union free-school district, or common- 
school district, for each school of agriculture, mechanic arts, and homemaking 
maintained therein for 36 weeks during the school year, and employing one 
teacher whose work is devoted exclusively to such school, and having an 
enrollment of at least 15 pupils and maintaining an organization and course 
of study and conducted in a manner approved by commissioner, a sum equal 
to two-thirds of the salary paid to such teacher. Such teacher may be em- 
ployed- for the entire year, and during the time that the said school is not 
open shall be engaged in performing such educational services as may be 
required by the board of education or trustees, under regulations adopted by 
the commissioner of education; where a contract is made with a teacher 
for the entire year, and such teacher is employed for such period as herein 
provided, the commissioner of education shall make an additional apportion- 
ment to such city or district of $200, but the total amount apportioned in 
each year on account of such teacher shall not exceed $1,000. Said com- 
missioner shall also make an additional apportionment to each city and 
union free-school district for each additional teacher employed exclusively 
in the schools mentioned in the preceding subdivisions of this section for 
36 weeks during the school year a sum equal to one-third of the salary paid 
to each such additional teacher, but not exceeding $1,000 for each teacher. 
The said commissioner, in his discretion, may apportion to a district or city 
maintaining such schools or employing such teachers for a shorter time 
than 36 weeks, or for a less time than a regular school day, an amount 
pro rata to the time such schools are maintained or such teachers are em- 
ployed. This section shall not be construed to entitle manual-training high 
schools or other secondary schools maintaining manual-training departments 
to an apportionment of funds herein provided for. Any person employed as 
teacher as provided herein may serve as principal of the school in which 
the said industrial or trade school or course, or school or course of agri- 
culture, mechanic arts, and homemaking is maintained. Said commissioner 
may legalize time taught by teacher not legally qualified and authorize pay- 
ment of salary of such teacher. All moneys so apportioned, except the 
supervision quota, shall be used exclusively for payment of teachers' salaries. 
No supervision quota shall be allowed any city or district unless a superin- 
tendent shall be employed therein for his full time, and unless such city or 



B (a). GENERAL STATE FINANCE AND SUPPORT. 283 

district shall contain at least 5,000 population; no district shall receive any 
portion of school moneys unless during the preceding year a public school 
shall have been maintained therein for at least 180 days, inclusive of legal 
holidays and exclusive of Saturdays, and taught by a legally qualified teacher ; 
no school shall be in session on a legal holiday, except general election day, 
Washington's Birthday, and 'Lincoln's Birthday; a deficiency not exceeding 
six days caused by attendance of teacher at teachers' conferences shall be 
excused ; in common-school districts school term shall begin on first Tuesday 
in September of each year. At least one-half of moneys apportioned shall be 
paid on or before March 1, and remaining part on or before May 15 in each 
year. The district superintendent of schools shall, on or before February 15 
in each year, apportion the supervision, district, and teachers' quotas to the 
several districts within his supervisory district, and shall credit to the dis- 
tricts moneys received from fines and penalties and other sources belonging 
to such districts; said superintendent shall certify such apportionments to 
the county treasurer and to commissioner of education. The comptroller 
may withhold from any county its part of school fund until such county shall 
have raised by taxation all moneys required by law to be raised by such 
county. Every union free-school district and every city having an organized 
city system of schools shall, in all matters relating to school moneys, be 
regarded as a school district. 

Appropriation for cities, academies, academic departments, and libraries. — 
This apportionment shall also be made by commissioner of education: (1) To 
each city, union district, and nonsectarian academy, an academic quota of 
$100 for each academic department maintained therein; (2) to each nonsecta- 
rian private academy an allowance equal to amount raised from local sources 
but not in excess of $250 annually for approved books, reproductions of stan- 
dard works of art, and apparatus; (3) to each city an allowance equal to 
amount raised from, local sources not to exceed $18 and $2 additional for 
each licensed teacher employed, and $250 for each academic department 
maintained by it for approved books, reproductions of works of art. and 
apparatus; (4) to each union free district maintaining an academic depart- 
ment an allowance equal to amount raised from local sources not to exceed 
$268 annually and $2 additional for each teacher employed for books, repro- 
ductions of works of art and apparatus; (5) to all other districts an allow- 
ance equal to amount raised from local sources not to exceed $18 annually 
and $2 additional for each licensed teacher employed for approved books, 
reproductions of works of art and apparatus; (6) to each city and union 
district maintaining an academic department, $20 per year for at least 32 
weeks' instruction or proportionate amount if for eight weeks or more for 
each nonresident pupil attending such department from a district not main- 
taining such department; (7) after payment of allowances herein provided, 
any balance shall be apportioned to cities, districts, and academies main- 
taining academic departments on basis of aggregate days' attendance of 
academic pupils therein; (8) before making such apportionments said com- 
missioner shall set aside sum to be devoted to purchase of books and ap- 
paratus as herein provided, and pay out same from time to time as he may 
see fit; (9) any city, or instiiution shall, before receiving any portion of 
funds herein provided, submit report for preceding year to commissioner of 
education. Funds hereinbefore provided shall be paid to county treasurers, 
who shall pay the same to the proper officials of the city, district, or 
academy; county treasurers shall make annual reports to commissioner of 
education relative to such funds. When said commissioner makes any an- 



284 STATE LAWS RELATING TO PUBLIC EDUCATION. 

nnal or general apportionment he shall certify the same to the proper county, 
city, and school officers. 

Ajjpropriation for training classes and schools. — The commissioner of edu- 
cation shall apportion to each academy and union free district which has 
maintained an approved training class the sum of $700 annually ; the balance 
of money appropriated for such purposes shall be apportioned among the 
cities maintaining training schools on basis of aggregate attendance in such 
schools. 

The governor may receive for purposes of education in the State any gift 
of bonds, warrants, choses in action, or other obligations of any other State. 
The proceeds of all lands belonging to the State in the year 1823, except parts 
reserved or appropriated to public use, or ceded to the United States, shall 
belong to common-school fund. In case of diminution of capital belonging to 
common-school fund. United States deposit fund, or literature fund, suffi- 
cient funds shall be added to the capital thereof from the income of such 
funds to preserve the capital inviolate; $25,000 shall annually be added 
to capital of common-school fund from income of United States deposit fund. 
The comptroller shall annually transfer to the general fund the remainder 
of income of the common-school fund. United States fund, and literature 
fund, which, together with amounts raised by taxation or otherwise for edu- 
cational purposes, shall constitute the education fund. 

North Dakota: The proceeds arising from all fines and penalties for violations 
of law, the income from school lands, and the interest and income from the 
permanent school fund shall constitute the State tuition fund, which shall 
be apportioned to counties according to number of persons of school age. 
State auditor shall certify quarterly the amount of tuition fund to State 
superintendent, who shall apportion the same to counties on basis of last 
enumeration. Moneys arising from the permanent fund and from leasing 
school lands shall be kept as a separate item. All moneys apportioned by 
State superintendent shall constitute the " State tuition fund " : all moneys 
received from district taxes, subscription, sale of property, or other sources 
shall constitute the " general fund " ; tuition fund shall be used only for 
payment of teachers' salaries; if such fund is insufficient to pay teachers' 
salaries, general fund may be used for that purpose ; if a balance of tuition 
fund remains, it shall be transferred to the general fund. District treasurer 
shall keep one general account of all moneys received and disbursed and a 
separate account of each fund. Tuition fund may be withheld from district 
failing to make enumeration or to make reports as required by law, or whose 
treasurer fails to give bond. County superintendent may withhold tuition 
fund from any district failing to maintain school for six months during pre- 
ceding year or failing to provide school facilities ; he shall withhold such fund 
if school is not maintained five months. After receiving notice from State 
superintendent of State apportionment, county superintendent shall apportion 
tuition fund to districts on basis of number of persons between 6 and 21 years 
old. County treasurer shall keep separate accounts of all moneys received 
by him from State apportionment, county taxes, district taxes and other 
sources and shall credit himself with the same when paid to districts. 

Ohio: There shall annually be levied on the taxable property of the State for 
educational purposes, 0.055 of 1 mill on the dollar, the proceeds of which shall 
constitute the " State common-school fund," and for payment of interest on 
the trust-fund debt for school purposes, 0025 of 1 mill, such fund to be 
styled " the sinking fund." The State shall pay 6 per cent interest annually 
on proceeds of sales of " salt lands " and swamp lands granted by act of Con- 



B (a). GENEEAL STATE FINANCE AND SUPPORT. 285 

gress; money received from such sales shall contitute an irreducible debt of 
the State, and interest thereon shall be apportioned annually on same basis 
as the State common-school fund is apportioned ; such interest shall be appor- 
tioned to the several counties in proportion to the number of male inhabitants 
orer 21 years old, and shall be distributed in the counties in same manner as 
common-school fund is distributed. Money which has been and may be paid 
into State treasury on account of sales of township lands granted by Con- 
gress for common schools, shall constitute the " common-school fund," of 
which State auditor shall be superintendent, and income of which shall be 
used exclusively for support of common schools. Common-school fund shall 
constitute an irreducible debt of State, on which it shall pay interest at rate 
of 6 per cent per year. When any grant or devise of land, or donation or be- 
quest of personal property, is made to State, or otherwise in trust for common- 
school fund, it shall become a part of such fund. The State auditor shall 
semiannually apportion the common-school fund to the several counties on 
the basis of the enumeration of youth therein; such enumeration data shall 
be furnished by State superintendent. If a township is situated in two or 
more counties, that part of income from common-school fund due such town- 
ship shall be paid to the county containing largest part of such township ; but 
if uncertain which county contains such part, the interest due to such town- 
ship shall be paid to the oldest county. 

Each board of education shall annually fix rate of taxation to be levied for 
all school purposes, after the State funds are exhausted. Such levy shall be 
divided into (1) tuition funds; (2) building fund; (3) contingent fund; 
(4) bonds, interest, and sinking fund. A separate levy must be made for 
each fund. No person shall be employed to teach in any public school for 
less than $40 per month ; when a school district has not sufficient money 
to pay its teachers the salaries provided by law for eight months of the 
year, after a maximum levy, three-fourths of which shall be for the tuition 
fund, then such district shall receive from the State treasurer sufficient 
money to make up the deficiency. Only districts shall be eligible to receive 
State aid which pay salaries as follows: (1) Elementary teachers without 
previous teaching experience in the State and with no professional training, 
$40 per month; (2) elementary teachers having at least six weeks' profes- 
sional training, $45 per month; (3) elementary teachers who have com- 
pleted the full two years' course in any normal school, teachers' college, 
college, or university approved by State superintendent, $55 per month; (4) 
high-school teachers, $70 per month. Whenever a board finds that it will 
have such deficit for current school year, such board shall make affidavit to 
county auditor, who shall certify same to the State auditor ; no district shall 
receive State aid unless the number of school children in such district is at 
least 20 times the number of teachers and schools are maintained at least 
8 months. When a school district is situated in more than one county 
the board shall certify the tax levy for such district to the auditors of the 
several counties ; funds belonging to such district shall be paid to the treasurer 
of the county having the greatest tax valuation in such district. 

The State common-school funds shall be apportioned as follows: Each 
school district within the county shall receive $30 for each teacher employed 
in such district, and the balance of such funds shall be apportioned among 
the various districts on the basis of average daily attendance of pupils ; the 
local school tax shall be paid to districts from which collected ; income from 
common-school fimd shall be apportioned on basis of $30 for each teacher 
and the balance on average attendance of pupils ; all other school money in 



286 STATE LAWS RELATING TO PUBLIC EDUCATION. 

county treasury, not otherwise appropriated, shall be apportioned in the same 
manner; county auditor shall certify apportionment to each school district 
clerk in his county ; amount received from the State common-school fund and 
the common-school fund shall be designated the " tuition fund " and shall 
be appropriated only for payment of superintendents and teachers. Board of 
education of any district shall provide for the deposit of moneys coming into 
the hands of its treasurer, but no bank shall receive a deposit larger than its 
capital stock and in no event to exceed $300,000; in districts containing two 
or more banks such deposits shall be made in the bank or banks which offer 
highest rate of interest, which must be at least 2 per cent ; such banks shall 
give ample bonds; in school districts containing less than two banks boards 
may select other convenient banks as depositories. County commissioners 
are authorized to supply the deficiency occurring under certain conditions in 
the contingent fund of a district ; such expenditures shall be a charge against 
the school district for which money was paid. County auditor shall collect or 
cause to be collected moneys for support of common schools in his county and 
pay them to the county treasurer. 

In any district having a bonded indebtedness for the payment of which, 
with interest, no special tax levy has been made board shall annually set 
aside from its revenue not less than one-fortieth of such indebtedness, with 
sum suflScient for interest. Board of every district shall provide a sinking 
fund for extinguishment of bonded indebtedness which shall be managed by a 
board of five electors appointed by the common pleas court of the county, ex- 
cept that in city or village districts the school board may be such commission ; 
such commission shall serve without compensation and shall give bond ; com- 
missioners shall invest sinking funds in certain bonds; bonds may be re- 
funded, extended, or renewed. Board of commissioners of sinking fund shall 
make annual reports to school board. When a school board issues bonds for 
any purpose such issue shall first be offered for sale to the board of commis- 
sioners of the sinking fund, who may buy the same at par. 

When, after payment of claims and expenses, there remains a balance of 
rents of school lands the trustees shall annually meet and divide the same 
among the school districts within the original township, on the basis of $30 
per teacher, and the balance according to average daily attendance in the 
schools. The surplus of sheep-claims fund not transferred to any " society 
for the prevention of cruelty to children and animals" shall be paid into 
county board of education fund. 

South Carolina: See A (b2). State officers. 

Tennessee: Permanent school fund, $2,512,500, on which State shall pay 
interest at 6 per cent; to permanent fund shall be added proceeds of 
escheated property, of forfeitures to State, of lands sold and bought in for 
taxes, of personal effects of intestates dying without lawful heirs, and of 
donations to State for public schools unless otherwise directed by donors. 
Current school fund shall be income from permanent fund and such State 
appropriations as may be made. Poll tax of $1 shall be collected and re- 
tained in county where collected; a county school tax of li mills on the 
dollar shall be collected when State and county funds are insufficient to 
run schools for five months; county court shall levy additional tax to run 
schools for such term, and said court may, when authorized by vote of the 
people, levy tax to extend term, but such tax shall not exceed State tax; 
school funds shall be kept separate from other State and county funds. 
Funds unexpended in a district shall be credited to such district for suc- 
ceeding year. State funds shall be apportioned to counties and State and 



B (a). GEITEKAL STATE FII^ANCE AND SUPPORT. 287 

county funds to districts on basis of school population. County trustee shall 
make settlement quarterly and also annually with county judge or chair- 
man of county court. County superintendent shall report quarterly to State 
superintendent account of school funds. County trustee shall make annual 
financial statement to county superintendent. On notice by county super- 
intendent, State superintendent shall employ attorney to recover school 
moneys lost or misappropriated. Misdemeanor for county superintendent or 
county trustee to fail or refuse to make reports required herein. 

A general education fund is created, which fund shall consist of one-third 
of gross revenue of the State; 61 per cent of such fund shall be apportioned 
to counties on basis of school population. Ten per cent of such fund shall 
be set aside for more nearly equalizing the common schools of the counties, 
for promoting industrial training, and for encouraging the consolidation of 
schools, with transportation of pupils. Before any county may receive any 
portion of this 10 per cent it must levy, including school tax but excluding 
high-school tax, a tax of 40 cents on $100 of property and also a poll tax of 
$2 and all privilege taxes ; where county employs an elementary-school super- 
visor or supervisor of industrial work approved by State superintendent, 
State board of education may pay half of salary of such supervisor ; State 
board of education may appropriate to aid in paying for transportation of 
children residing more than 2i miles from school when such school has three 
or more teachers and approved building and equipment, but not more than one 
school in a county shall be thus aided until all counties are aided; any por- 
tion of said 10 per cent not otherwise disposed of shall be used to equalize 
schools of the counties ; before any of said 10 per cent shall be appropriated, 
$33,600, or so much as may be necessary, shall be set aside to increase county 
superintendents' salaries, but not exceeding $350 from such fund shall be 
allowed to any one superintendent; not more than one-half of the amount 
apportioned to county under this section shall be paid until required reports 
are made. Eight per cent of general education fund shall be used as a high- 
school fund to encourage counties to establish and maintain county high 
schools ; State board of education shall grade all high schools established 
under county high-school law, fix minimum course of study, and classify 
them as first, second, and third class ; no county shall receive more than one- 
fiftieth of total amount provided under this section, and no school shall re- 
ceive more than one-third as much as is received from other sources; all 
teachers in high schools receiving aid under this section shall be licensed 
under regulations of State board of education; State board may employ a 
high-school inspector; unexpended balance of said 8 per cent shall be ex- 
pended for industrial instruction and for equalizing term of high schools. 
One per cent of the general education fund shall be expended for establish- 
ment and maintenance of public-school libraries ; when school patrons shall 
raise $10 or more for library. State shall pay equal amount, but not to ex- 
ceed $40 for any school ; State board of education may employ a director of 
library extension, who shall work under supervision of State superintendent ; 
State board of education shall prescribe rules for government of school libra- 
ries, furnish lists from which books shall be selected, etc. ; one-third of said 1 
per cent shall be used for maintaining circulating libraries under direction 
of State library. Thirteen per cent of general education fund may be used 
for establishment and maintenance of normal schools; three such schools 
for training of white teachers and one normal and industrial school for 
training of colored persons shall be established ; principals and instructors of 
white normal schools may be required to assist in conducting teachers' in- 



288 STATE LAWS RELATING TO PUBLIC EDUCATIOI^. 

stitutes; students entering must be at least 16 years old and liave completed 
elementary school course; a certificate of graduation shall entitle holder to 
teach in public schools 4 years, and after having taught 15 months and 
passed examination prescribed by State board, holder may be granted a 
permanent license ; State board of education shall locate and control normal 
schools; one-seventh of funds derived from said 13 per cent shall be used 
for colored normal and industrial schools and remaining six-sevenths shall 
be used for white normal schools. Seven per cent of general education fund 
Is appropriated to University of Tennessee; 10 per cent of this amount, but 
not less than $10,000 annually, shall be used for agricultural and horticul- 
tural experiment station and model farm in west Tennessee and not less 
than $5,000 shall be used for agricultural experiments in middle Tennessee; 
not exceeding 5 per cent of said 7 per cent may be used to pay traveling 
expenses of students attending university; tuition in academic, engineering, 
agricultural, and educational departments of university shall be free to resi- 
dents of Tennessee. 

Texas: One-fourth of occupation taxes and $1 poll tax, interest on permanent 
school fund, proceeds of sale of land set apart for permanent school fund, 
proceeds of lease of school lands, and State tax not to exceed 20 cents oa 
$100 shall constitute available State school fund, which shall be apportioned 
to counties on basis of school population. State automatic tax board shall 
levy tax sufficient to produce each year $4 for each person of school age, 
but rate shall not exceed limit fixed by law. (Rate is now fixed at maxi- 
mum limit. Per capita apportionment this year is $8.) 

Utah: State treasurer shall receive all public-school moneys and pay them on 
warrant of auditor, ordered by State superintendent, to county treasurers 
and treasurers of boards of education. County commissioners shall annu- 
ally levy a county tax of not exceeding 4 mills on the dollar. County treas- 
urer shall hold school funds subject to order of county superintendent and 
shall pay them to district treasurers as apportioned; he shall report annu- 
ally to commissioners. 

Vermont: See A (bl). State boards. 

Virginia: The proceeds of glebe lands and church property held by the over- 
seers of any county, under the act of 1802, shall be devoted to such purposes 
as the qualified electors of the county may vote; all glebe lands and church 
property which may be voted for education in any county, corporation, or 
school district shall be vested in the school board thereof. " The literary 
fund" (State permanent school fund) shall consist of present literary 
funds, proceeds of lands donated by Congress, escheated property, waste 
and unappropriated lands, property forfeited to the State, all fines for 
offenses against the State (except where otherwise expressly provided), 
donations to said fund, and such appropriations for said fund as the legis- 
lature may make. Said funds shall be invested and managed by the State 
board of education; the principal thereof shall remain unimpaired, and 
income shall be used for the support of the public schools. Before No- 
vember 1 each year State auditor shall calculate the approximate amount 
of money to be available for public schools during the ensuing year and 
shall report 90 per cent of such amouut to superintendent of public instruc- 
tion; said superintendent, under direction of State board of education, shall 
make out a distributive statement of amounts due the several counties and 
cities and shall furnish the same to auditor, who shall pay funds to county 
and city treasurers; if taxes are collected in excess of amount approxi- 



B (a). GENERAL STATE FINANCE AND SUPPORT. 289 

mated, such excess shall likewise be distributed to counties and cities. Funds 
applicable annually to the establishment and maintenance of public schools 
shall consist of (1) annual interest on literary fund, appropriations by legis- 
lature, that portion of the capitation tax to be paid into the State treasury 
and not returnable to the counties, and such tax on property, not less than 
1 mill nor more than 5 mills, as the legislature may from time to time 
determine, all these funds to be applied exclusively to the maintenance of 
primary and grammar schools; (2) county funds embracing such tax as 
may be levied, donations, and other funds set apart for district schools; 
(3) district tax and such dog tax as board of supervisors may set aside for 
school purposes, and any other funds that may be set aside for the district 
schools. The county board of supervisors shall annually, on the basis of 
estimate submitted by county school board, levy a county tax of not less 
than 10 nor more than 40 cents on $100, and district taxes, as estimated 
by district boards, of not less than 15 nor more than 35 cents on $100; if 
supervisors fail to levy amounts estimated to be needed, they shall on peti- 
tion of county school board refer the matter of tax levy to the qualified 
voters of the county or district, as the case may be; but total county and 
district levy in any district shall not exceed 50 cents on $100; in towns 
constituting single school districts the council may levy the district tax; 
boards of supervisors may levy a less rate than herein provided with 
approval of the State board of education. County school boards shall make 
annually a statement of receipts and disbursements and shall publish the 
same. County board of supervisors shall make levies of school taxes to 
raise amount estimated by county school board, or so much thereof as super- 
visors may allow; supervisors shall likewise make levies of district school 
taxes. Where a district has outstanding bonds, supervisors shall levy a 
tax in said district to pay interest and principal of the same. Every 
owner of a male or spayed female dog shall annually pay a license 
tax of 50 cents on the same; on unspayed females a tax of $1 shall be 
paid; said tax shall be used to remunerate persons of the county who have 
domestic animals killed or injured by dogs; any balance remaining on hand 
at end of any year shall be appropriated to county school fund or road 
fund. Shares of stock issued by any bank located in any county or town 
may be taxed by said county or town. Planted oysters shall be taxed for 
State and county purposes. Logs or timber floating on streams and not recov- 
ered by owner shall be sold by sheriff at public auction and the proceeds 
thereof, after expenses are paid, shall be paid to county treasurer for the 
benefit of the school district in which finder of timber resides. 

Washington: The principal of common-school fund shall remain permanent 
and irreducible. Such fund shall consist of: Appropriations and donations 
by the State; donations and bequests by individuals for such purpose; pro- 
ceeds of property reverting to State by escheat or forfeiture; proceeds of 
property granted to State when purpose of grant is not specified or is uncer- 
tain; funds accumulated in State treasury for disbursement of which legal, 
provision has not been made; proceeds of sales from property of school or 
State lands not granted for specific purposes, and moneys received from per- 
sons appropriating property from such lands other than specific grants, and 
all moneys other than rental recovered from persons trespassing on such 
lands; 5 per cent of proceeds of sale of public lands sold by United States 
subsequent to admission of State into the Union; principal of all funds re- 
ceived from sale of school lands ; such other funds as legislature may appro- 
3966''— 15 19 



290 STATE LAWS RELATING TO PUBLIC EDUCATION. 

priate. Any losses to said permanent fund or any other State educational 
fund shall be a permanent funded debt against the State; State shall pay 
6 per cent annual interest on any such loss. Interest accruing on said per- 
manent fund, together with rentals and other revenues derived therefrom, and 
from lands and other property of common-school fund, shall be applied to 
current use of common schools; State board of equalization shall annually 
levy a tax which when added to Income of permanent fund shall equal $10 
for each child of school age in the State, but such tax shall not exceed 5 
mills on the dollar; such tax levy shall be certified to county auditors, and 
shall be collected and retained by county treasurers and paid out according 
to law ; county treasurers shall transmit excess to State treasurer, or receive 
amount of deficiency from such treasurer, as is necessary to give each county 
its share of such State funds. County commissioners of each county shall 
levy on taxable property of county such tax as will raise $10 for each child 
of school age therein ; such tax shall not exceed 5 mills on the dollar ; such 
tax to be used for support and maintenance of public schools of county. 
County superintendent shall file with county auditor annually census of 
school children for each district in county. Two-thirds of county school 
fund shall be apportioned among districts on basis of attendance and remain- 
der on basis of number of teachers for preceding school year, and where a 
second or additional teacher is employed for less than eight months such 
district shall receive one-eighth of an apportionment for each teacher for 
each month she is actually employed. The " school-district fund," together 
with apportionment from " current State school fund " and " county fund," 
shall constitute the " general school fund " of each school district. Moneys 
received from certain fines, sales, penalties, and forfeitures, except as other- 
wise provided, shall be paid into current State school fund. 

An y person oflBcially in charge of any examination questions who shall 
■disclose the same shall be guilty of a misdemeanor, punishable by fine of 
not less than $100 nor more than $500, to be placed to credit of State current 
school fund. If a county superintendent fails to make reports to sui}erintend- 
ent of public instruction, as required by law, he shall forfeit $50 from his 
salary. Any ofiicer or person collecting or receiving fines, forfeitures, or other 
moneys belonging to school fund who fails to pay over same, as required by 
law, shall forfeit double such amount and interest thereon at rate of 5 per 
cent per month for period same has been withheld, to be paid into State 
current school fund. Public fimds shall be withheld from any district not 
complying with law as to teaching of physiology and hygiene; any county 
superintendent who shall fail to enforce law as to teaching of physiology 
and hygiene shall be liable to penalty of $100, to be paid into State current 
school fund. If district clerk fails to make required reports, he shall forfeit 
$25 for every such failure; if district fails to receive its apportionment 
through neglect of said clerk, said clerk shall be liable for same, to be paid 
into general fund of district. Any school officer who fails to turn over records, 
papers, and balance of moneys to his successor shall be guilty of a misde- 
• meanor, punishable by fine of not more than $100; any director who shall be 
a party to employment of a teacher not holding a legal certificate shall be 
liable to district for any loss sustained by district by such employment. Any 
teacher who willfully refuses or neglects to enforce course of study as required 
by law shall receive no salary until law is complied with. Any teacher who 
shall maltreat or abuse any pupil shall be guilty of a misdemeanor, punish- 
able by fine of not more than $100, to be paid into State current school fund. 



B (a). GENEKAL STATE FINANCE AND SUPPORT. 291 

Any teacher who fails to attend institutes, as required by law, unless for cause 
satisfactory to Superintendent of public instruction, shall forfeit his certifi- 
cate, but teacher shall be heard. Any person who shall insult or abuse a 
teacher in presence of his school or on school premises shall be guilty of a 
misdemeanor, punishable by fine of not less than $10 nor more than $100, to 
be paid into State current school fund. Any person who shall willfully disturb 
a school meeting shall be guilty of a misdemeanor, punishable by fine not to 
exceed $50, to be paid into State current school fund. Any teacher, principal, 
or superintendent who shall knowingly make false report of attendance of 
pupils, except when students are lawfully excused from attendance, shall 
forfeit his certificate for at least one year. Any pupil who shall willfully 
injure any school property shall be liable to suspension and punishment; 
parents or guardians shall be liable for such damages to be paid to school 
district. Any district using other than prescribed textbooks, or failing to 
comply with prescribed course of study, or issuing warrants to teachers not 
legally qualified shall forfeit 25 per cent of their school fund for that or the 
subsequent year, same to be paid into State general school fund. Any person 
who fraudulently votes or fraudulently enables another to vote shall be 
guilty of a felony. 

West Virginia: The proceeds of capitation tax, income of school fund, net 
proceeds of fines and forfeitures, moneys arising from sources provided in 
the constitution, and moneys paid into treasury for school purposes not 
otherwise appropriated shall be set apart for support of public schools, to be 
known as " the general school fund." Said general fund shall be appor- 
tioned among the counties on basis of school census. The salaries of State 
superintendent, county superintendents, and such other expenditures as may 
be required by law shall be deducted from such fund before same is appor- 
tioned. Board of public works shall transfer to such fund an amount from 
State fund to make same at least $750,000. Said board may transfer such 
an amount as will make general fund equal $1,000,000 if condition of State 
fund will justify it. State auditor shall annually ascertain amount of general 
school fund and shall certify same to State superintendent, who shall notify 
auditor and each county superintendent of apportionment. County superin- 
tendent shall apportion such fund to each district and independent school 
district according to the school census. Said district apportionment shall not 
be drawn by any district until lawful levies have been made in such district. 
Apportionment is made in two installments. Not less than 1 cent nor more 
than 10 cents on each $100 of taxable property shall be levied annually for 
State and State school purposes. Amount apportioned to distributable school 
fund from all sources shall not in any year be less than $750,000. 

See also E (b). Teachers' certificates, general; G (d). Teachers' institutes 
and summer schools. 

Wisconsin: See B (e). State aid for elementary education. 

Wyoming: Public moneys shall be deposited in a bank or banks approved by 
proper governing board, and such bank shall give bond or deposit securities 
as guaranty of trust and shall pay not less than 2 nor more than 4 per cent 
interest, as fixed by governing board, on daily balances. Governing hoard for 
deposits: For State, governor, treasurer, and secretary of state; for county, 
board of commissioners; for city, mayor, and council; for school district, 
board of trustees. 



292 STATE LAWS RELATING TO PUBLIC EDUCATION". 

B (b) . State School Lands. 

See also Appendix A, State constitutional provisions relating to public edu- 
cation. 

Alabama: School lands are the sixteenth section in each township and other 
lands granted for school purposes ; State superintendent is authorized to 
sell school lands; no lands, except indemnity lands, shall be sold except on 
petition of a majority of the qualified voters of the township or district; 
notes for payments must be secured by mortgage and kept by State super- 
intendent until payment is due ; sale may be either public or private, and not 
less than one-fourth of the purchase price must be paid in cash ; State super- 
intendent may reserve timber lots ; persons cutting or injuring trees shall pay 
$10 for each, which amount shall be credited to township or district ; super- 
intendent may employ agents for surveying, mapping, or platting school lands ; 
proceeds of sales shall be paid into State treasury and the credit of the State 
is pledged for the payment of interest thereon to township or district ; super- 
intendent may lease school lands; governor, superintendent, and attorney 
general shall constitute a board for the examination of titles to school lands 
and of claims of the State against illegal holders of such lands. 

See also A (f), Administrative units — districts, etc.; B (a), General State 
finance and support. 

Arizona: Sections 16, 36, 2 and 32 of land in every township are reserved by 
act of Congress for the support of the common schools ; where such sections 
are fractional, deficit shall be made up with lands elsewhere. Following are 
additional grants made by Congress : For university, 200.000 acres ; for school 
and asylums for the deaf, dumb, and blind, 100,000 acres ; for normal schools, 
200,000 acres; for charitable, penal, and reformatoiy institutions, 100,000 
acres; for agricultural and mechanical colleges, 150,000 acres; for military 
institutes, 100,000 acres ; for the payment of bonds of certain counties, 1,000,000 
acres, but any unused remainder of said 1,000,000 acres shall be used for the 
benefit of the public schools. No part of the proceeds of lands herein granted 
shall be used for the support of any sectarian or denominational school, col- 
lege, or university. Five per cent of the proceeds of the sale of lands within 
the State by the United States, after expenses of sale are deducted, shall be 
paid to the State to be used as a permanent fund, the interest of which shall 
be used for the support of the common schools. 

Arkansas: On petition of a majority of the male inhabitants of a township 
the school lands, including the sixteenth section lands, thereof shall be sold; 
after appraisement by three disinterested parties, the county collector shall 
sell said lands to the highest bidder, but said lands shall not be sold for 
less than three-fourths of the appraised value nor for less than $1.25 per acre ; 
the county court may reject any sale. The proceeds of the sale of the six- 
teenth section lands shall be paid into the State treasury and shall by the 
State board of education be invested in bonds of the United States or of the 
State of Arkansas ; the interest accruing on said investment shall be dis- 
tributed to counties to which it is due and county courts shall distribute the 
same to the proper townships. The county collector shall annually lease cul- 
tivated school lands; county judge may lease for a term of five years any 
wild and uncleared sixteenth section lands. 

See also B (a). General State finance and support. 

California: See B (c), Permanent State school funds. 



B (b). STATE SCHOOL LANDS. 293 

Colorado: See B (c), Permanent State school funds. 

Florida: See A (bl), State boards. 

Idaho: See B (a), General State finance and support; G (b), State normal 
schools; N (a), High schools; U (e), Schools for dependents and delinquents. 

Illinois: Section 16 in every township and lands granted in lieu thereof shall 
be held as common school lands ; trustees of townships in which school lands 
remain unsold may rent or lease the same and collect rent therefor, but this 
section shall not apply to cities having over 100,000 inhabitants. Person tak- 
ing or destroying any tree on school lands shall be liable to school fund for 
$8 for each such tree. School lands may be sold on petition to county superin- 
tendent of two-thirds of the legal voters of the township, or, in township hav- 
ing 10,000 inhabitants or more, on petition of one-tenth of the legal voters, 
an election shall be held and a two-thirds vote shall determine ; township trus- 
tees shall subdivide land and appraise the same and county superintendent 
shall make the sale to highest bidder after advertising the same, but no lot 
shall be sold for a lower price than that fixed by township trustees. Pur- 
chasers shall pay or secure the payment of purchase money. 

See also A (c2). County ofiicers; B (a), General State finance and sup- 
port. 

Indiana: See A (d). District boards and officers; B (a). General State finance 
and support. 

Iowa: See B (c), Permanent State school funds. 

Kansas: See A (f), Administrative units — districts, etc.; G (b), State normal 
schools; Q (b). Agricultural colleges. 

Louisiana: See B (a), General State finance and support. 

Maine: See A (f). Administrative units — districts, etc.; B (a). General State 
finance and support; B (c), Permanent State school funds. 

Michigan: See A (bl). State boards. 

Mississippi: Board of supervisors of each county which has sixteenth section 
lands or lands taken in lieu thereof " reserved for the support of township 
schools" shall employ competent persons and take such action as may be 
necessary to ascertain true condition of title to each parcel. Board of super- 
visors shall, in 6very county where funds belonging to township have been 
paid into county treasury and mingled with other moneys, cause matter to 
be investigated and funds to be properly accredited to township; all such 
funds shall bear interest at 6 per cent from January 1, 1892 ; county shall not 
be liable for funds stolen, embezzled, or burned; board of supervisors shall 
institute necessary suits to establish and confirm title to each parcel and fix 
date of expiration of lease ; if any persons claim land in fee simple or upon 
any terms save that of lease with absolute reversion to State, or if title rest 
in parol, suit shall be instituted at once ; adverse possession for 25 years shall 
be prima facie evidence that law has been complied with ; none of such lands 
shall ever be sold, but they shall be leased ; those not in city, town, or village 
for not exceeding 15 years ; those in city, town, or village for not exceeding 25 
years ; no timber shall be cut or used by lessee, except for fuel and necessary 
repairs and improvements; counties through boards of county supervisors, 
under general supervision of land commissioner, shall have jurisdiction 
and control ; all funds shall be paid into county treasury and credited to 
proper township; treasurers shall keep separate account with each; such 



294 STATE LAWS RELATING TO PUBLIC EDUCATION. 

funds shall not be expended except for education in township or for buildings 
or improvements on the land ; whole of rents may be expended, but only in- 
terest of other funds; board of supervisors may require additional bonds; 
board of supervisors authorized to sell timber of all sorts, wood, gravel, and 
acid iron earth ; lease lands for three years for turpentining and for one year 
for pasturage; funds received shall be credited to proper township, loaned 
out and interest used for township schools. Funds arising from any disposi- 
tion of sixteenth sections now on hand and all such as shall accrue and un- 
expended balances of rentals shall be loaned out for not more than five years 
at 6 per cent, secured by deed in trust on real estate ; borrower must furnish 
abstract of title ; if funds are loaned in any other way each officer concerned 
shall be liable personally and on his bond; available township funds may be 
appropriated for building and repair of school houses, for furniture, supplies, 
other than books, for water, fuel, and salaries. • Where children from adjoin- 
ing townships having available funds attend same school claims shall be 
apportioned according to the educable children; board of supervisors shall 
annually appoint three trustees for each township, and these trustees shall 
recommend the lawful purposes for which the available school funds ought to 
be appropriated and they shall be appropriated accordingly. County superin- 
tendent may lease sixteenth sections not in city, town, or village, by public 
or private contract; he shall take notes for rent and attend to their collec- 
tion ; county shall have the rights and remedies for collection of notes given 
to agricultural landlords. Where such lands are in any city, town, or village, 
board of supervisors shall appoint three appraisers who shall report actual 
rental value for 25 years ; circuit court on appeal may determine whether ap- 
praisal is reasonable ; it may hear proof and fix rental value by jury or other- 
wise ; the bona fide leaseholder shall have preference to take land for 25 years 
at annual rental so fixed ; if no person accept this lease county superintendent 
may lease for 1 year and renew from yea r to year up to 10 years ; if no per- 
son has then taken the lease like proceedings shall be had; all sixteenth sec- 
tion lands are presumed to be subject to lease unless the contrary be shown. 
Where a township is divided so that parts are situated in different counties, 
the county in which the sixteenth section lies shall have jurisdiction ; if the 
section is in several counties each county has jurisdiction over the part lying 
in it or the counties may cooperate; funds shall be accounted for in each 
county according to number of educable children in the part of the town- 
ship in it ; any county receiving or collecting funds belonging to another shall 
pay them over to county entitled thereto. Consent of inhabitants of a town- 
ship to the leasing of sixteenth sections shall be obtained ; if they do not con- 
sent lands shall not be leased for longer than one year. Land commissioner 
shall ascertain townships entitled to participate in distribution of the 30,829.16 
acres in Hancock County ; he shall allot the lands ratably to the proper town- 
ships and they shall then be dealt with as other sixteenth sections ; if any are 
found to be in Pearl River County they shall be likewise so allotted. Expenses 
shall be paid out of sixteenth section funds; if no funds, then out of county 
treasury. Any person by bill in chancery may have lease confirmed and 
quieted; should the court be of opinion that the complainant is entitled to 
relief it shall decree confirmation of the lease, but complainant must pay any 
balance due ; if it appears that the lease was illegal, court may have an ac-. 
count stated of amounts paid in for the lease by the complainant and an 
account of the rents, issues, and profits arising from the land less the cost of 
any necessary permanent improvement and decree any excess to the complain- 
ant ; such decree shall be a lien until satisfied ; any excess in rents, issues, and 



B (c). PERMANENT STATE SCHOOL FUNDS. 295 

profits shall be decreed against complainant. He shall in any case pay all 

court costs. 
Missouri: See G (a), Local finance and support, general. 
Nevada: See B (a), General State finance and support. 
New Hampshire: See A (b2), State officers. 
New Jersey: See B (a), General State finance and support. 
New Mexico: See A (d), District boards and officers; B (a), General State 

finance and support; H (c), School year, month, day, etc. 
New York: See A (d), District boards and officers; B (a). General State 

finance and support; C (a), Local finance and support. 
North Dakota: See A (b2), State officers; B (a), General State finance and 

support. 
Ohio: See B (a). General State finance and support 
Oklahoma: See H (e), Consolidation of districts, etc. 
Oregon: See B (c), Permanent State school funds; C (b), Local bonds and 

indebtedness. 
Texas: See C (a), Local finance and support, general. 
Vermont: See N (a). High schools. 
Virginia: See B (a), General State finance and support. 
Washington: See A (f), Administrative units — districts, etc.; B (a), General 

State finance and support. 
Wyoming: See A (bl), State boards; P (c), State universities and colleges. 



B (c) . Permanent State School Funds; Composition and Investment. 

See also Appendix A: State constitutional provisions relating to public 

education. 

Alabama: See B (b), State school lands; B (e), State aid! for elementary 
education. 

Arizona: See B (b). State school lands. 

Arkansas: See B (a), General State finance and support; B (b). State school 
lands. 

California: Whenever there is $10,000 in the treasury from the sale of school 
lands such fund shall be invested in the bonds of the State or United States, 
or of any county, road district, city and county, city, town, school district, 
or irrigation district within the State. 

Whenever local governing body issues bonds State board of control and 
State treasurer shall be notified of amount, etc. 

Colorado: Permanent funds arising from the sale of school lands remaining 
uninvested may be loaned at the direction of the State board of land com- 
missioners to the State military board; such fund shall be reimbursed from 
the military poll-tax fund. 

See also B (a), General State finance and support. 

Connecticut: The money received from the United States pursuant to the act 
of Congress of June 23, 1836, shall remain on deposit with the several towns. 
When a new town shall be created said fund shall be divided according to 
population between it and the towns from which it was formed. Every 
town shall keep its share as a trust for the State and shall expend the income 



296 STATE LAWS RELATING TO PUBLIC EDUCATION. 

thereof for the support of the public schools. The town treasurer or such 
person as the town may appoint shall have the custody of the fund, and the 
management thereof shall be under such agents as the town may appoint. 

Florida: See A (bl), State boards. 

Georgia: See B (a), General State finance and support. 

Idaho: See B (a), General State finance and support. 

Illinois: See B (a), General State finance and support. 

Indiana: See A (b2), State officers; B (a), General State finance and support; 
B (e), State aid for elementary education. 

Iowa: The i)ermanent school fund shall consist of 5 per cent of the net pro- 
ceeds of the sale of the public lands of the State which shall be apportioned 
to the counties, taking into consideration the amount of permanent school 
fund already in the hands of each county ; proceeds of the sale of the 500,000 
acres of land granted by act of Congress September 4, 1841 ; the proceeds of 
estates escheated to the State; and the proceeds of the sale of the sixteenth 
section of each township or lands selected in lieu thereof. The proceeds of 
the sale of all lands and of all sums due from escheats shall be paid into 
the treasury of the county in which the lands or escheated estates are situ- 
ated or found. 

See also C (c), Local taxation. 

Kansas: State annual school fund shall consist of the income derived from 
interest and rents of the perpetual school fund; State treasurer shall hold 
all school funds, whether derived from perpetual fund or from annual taxes, 
subject to order of State superintendent. 

State superintendent, secretary of state, and attorney general shall consti- 
tute a board of commissioners for the management and investment of the 
State permanent school. State normal school, and State university funds; 
secretary of state shall be president, and superintendent secretary. Regular 
monthly meetings shall be held and special meetings may be called. Record 
of proceedings shall be kept; record of all bonds purchased shall be kept. 
The school-fund commissioners shall invest any moneys belonging to the per- 
manent school fund, State agricultural college, State normal, and State uni- 
versity funds in bonds of the United States, of the State, any municipality of 
the State, school-district bonds, bonds of boards of education, and in warrants 
issued by State auditor and stamped by State treasurer " Not paid for want 
of funds " ; board shall not pay more than par nor more than market value at 
time of purchase. Board shall keep an accurate record of all funds in its 
care, and such record shall be kept in the ofllce of the State superintendent and 
open to public inspection. State treasurer shall be treasurer of such funds 
and assets belonging thereto. Where money due any fund mentioned herein 
remains unpaid, attorney general shall proceed to collect the same by civil 
action. Municipal officers shall first offer their bonds for sale to said board 
of commissioners. Board may purchase bonds at par at a lower rate of In- 
terest than is stipulated thereon. Where person dies without heirs and intes- 
tate, county superintendent may, after three years after administration of 
estate, petition probate court to order sale of real estate and, after ascer- 
taining the truth of the statement set forth in said petition, said court shall 
order such sale, and such proceeds, less costs, shall be applied to common-school 
fund ; any rightful heir may redeem within 21 years ; State superintendent 
and county superintendent, when they have knowledge of unclaimed estates, 
shall give notice of same to county attorney where estate is located and to 
the attorney general, and county attorney shall investigate. State auditor 



B (C). PERMANENT STATE SCHOOL FUNDS. 297 

shall prepare a register of all bonds purchased by the school-fund commis- 
sioners. 

See also A (b2), State officers; C (b), Local bonds and indebtedness. 

Kentucky: General assembly shall provide for efficient system of common 
schools ; the bond of the State issued in favor of the State board of education 
for $1,327,000 and the $79,800 of stock in the Bank of Kentucky held by the 
board of education shall be held for purpose of sustaining the common 
schools ; the interest and dividend of said fund shall be appropriated to com- 
mon schools; no sum shall be collected for education other than in the common 
schools until question has been submitted to legal voters; legislature shall 
make provision for payment of interest of the school fund ; each county shall 
be entitled to its pro rata ; the surplus now due the counties shall remain a 
perpetual obligation; in distributing there shall be no distinction on account 
of race ; there shall be separate schools for each race ; the direct tax received 
from Congress shall be a part of the school fund ; no part of the school fund 
nor of any tax shall be used for any church or sectarian school ; provisions 
of law which require a secret ballot shall not apply to school elections ; " the 
tax rate of cities, towns, counties, taxing districts, and other municipalities, 
for other than school purposes, shall not at any time exceed " certain rates ; 
no county, city, town, taxing district, or other municipality may in any year 
exceed the income and revenue provided except by assent of two-thirds of 
voters thereof; no preference shall be given to any religious sect, society, or 
denomination. Lregislature shall not pass local or special acts concerning 
management of common schools; it shall by law fix minimum age when chil- 
dren may be employed. 

See also A (bl), State boards; B (a), General State finance and support. 
Louisiana: See B (a), General State finance and support. 
Maine: Money arising from the sale of timber and grass or from trespass on 
reserved lands shall become part of permanent school fund. 
See also B (a), General State finance and support. 
Maryland: See B (a), General State finance and support. 

Massachusetts: The present school fund of the State, such additions as may 
be made thereto and any money received by the State from the United States 
Government, the disposition of which is not otherwise provided for, shall con- 
stitute a permanent fund, to be called the " Massachusetts school fund " ; 
the principal thereof shall not be diminished. The commissioner of education 
and the treasurer and receiver general shall be commissioners, who shall in- 
vest and manage the fund and annually report to the legislature the condition 
and income thereof ; premiums on securities purchased for said fund, not ex- 
ceeding $50,000 in any one year, may be paid from the State treasury; all 
investments shall be made with the approval of the governor and council. 
The income of State fund shall, without specific appropriation, be distributed 
to the public schools in following manner : Every town whose assessed valua- 
tion does not exceed $500,000 shall annually receive $500, but if its tax rate 
shall be $18 or more on $1,000 it shall receive $75 additional ; every such town 
whose valuation is between $500,000 and $1,000,000 shall receive $300; be- 
tween $1,000,000 and $2,000,000, $150 ; between $2,000,000 and $2,500,000, $75. 
The remainder of said income shall be distributed to towns of not more than 
$2,500,000 valuation, and whose annual tax for the support of public schools 
is not less than one-sixth of their whole tax, as follows : Every town whose 
school tax is not less than one-third of its whole tax shall receive proportion 
of remainder expressed by one-third ; every town whose school tax is not less 



298 STATE LAWS RELATING TO PUBLIC EDUCATION. 

than one-fourth of its whole tax, one-fourth ; every town whose school tax Is 
not less than one-fifth, one-fifth ; every town whose school tax is not less than 
one-sixth, one-sixth. Money appropriated for other educational purposes, 
unless otherwise provided for, shall be paid from the State treasury. The 
income of the State fund shall be used only for the purpose of maintaining 
the public schools, and school treasurers shall keep a sei^arate account of the 
same ; school committees shall make annual reports to the State board relative 
to such moneys; if, in the opinion of the State board, such moneys are not 
being expended according to law by any town, the commissioners of the 
school fund may withhold future allowances of such town. No distribution 
of any part of the income of the State fund shall be made to a town which 
has not maintained a public school of legal standard, or which, if containing 
500 families or householders, has not maintained a high school for at least 36 
weeks during the year; or which has not made proper reports or complied 
with the laws relative to truancy ; or which has not raised by taxation for the 
support of the public schools at least $3 for each person between the ages of 
5 and 15 years resident in such town. School committees may apply not more 
than 25 per cent of such moneys to the purchase of books of reference, maps, 
and apparatus for use of said schools. No town shall receive any part of in- 
come of State fund unless it shall have complied, to the satisfaction of the 
State board, with all laws relating to public schools. The income of the Todd 
fund shall be paid to the State board, to be used for the normal schools. 

Michigan: See P (c), State universities and colleges. 

Minnesota: See P (c), State universities and colleges. 

Mississippi: See B(b), State school lands. 

Missouri: The State school fund, the annual income of which shall be applied 
to the benefit of the public schools, shall consist of proceeds of all lands 
granted for school purposes by the United States; all moneys, stocks, bonds, 
lands, or other property belonging to any fund for the purpose of education, 
except where the vested rights of townships, counties, cities, or towns would 
be infringed; the net proceeds of the State tobacco warehouse; escheats 
and unclaimed dividends from distributive shares of estates of deceased per- 
sons or from fines, penalties, and forfeitures ; proceeds of the sale of lands 
turned over to the State, if Congress consents ; all gifts and devises made to 
the State and not otherwise disposed of in said gift or devise. Said fund 
shall be invested by the State board of education. 

Montana: See B (a). General State finance and support. 

Nevada: See B (a), General State finance and support. 

New Jersey: See B (a), General State finance and support. 

New Mexico: See B (a), General State finance and supi>ort. 

New York: See B (a), General State finance and support; C (a). Local 
finance and support. 

North Carolina: Permanent school fund ("literary fund") consists of pro- 
ceeds of (1) land grants from United States, (2) moneys, stocks, and bonds 
belonging to State school fund, (3) sale of swamp lands, (4) grants, gifts, 
or devises. 

State board of education may make loans from " literary fund " to county 
boards for building schoolhouses. Such loans shall bear 4 per cent interest, 
shall constitute a lien on county school funds, and shall be repaid in 10 
equal annual installments. County board shall set apart sufficient funds to 



B (C). PERMANENT STATE SCHOOL FUNDS. 299 

pay annual installment and interest. County board, from money so borrowed, 
may make loans to districts, to bear interest at 4 per cent and to be repaid in 
10 installments. All loans shall be made under rules of State board. 

North Dakota: See B (a), General State finance and support. 

Ohio: See B (a), General State finance and support. 

Oregon: The irreducible school fund shall consist of the proceeds of the sale 
of the sixteenth and thirty-sixth sections of land of every township ; proceeds 
of escheats and forfeitures to the State ; moneys paid as exemption from mili- 
tary duty; proceeds of gifts to the State for public-school purposes; pro- 
ceeds of grants to the State when purpose is not stated ; proceeds of tide and 
overflow lands; proceeds of sale of 500,000 acres of land granted by Con- 
gress September 4, 1841; all lands granted by Congress for capitol building 
purposes. State land board shall loan such fund at 6 per cent interest; if 
there be a surplus over and above loans applied for, said board may invest 
said surplus in school district bonds. Said board shall apportion the income 
of the irreducible fund to counties on basis of number of persons between 
4 and 20 years old. 

See also C (b), Local bonds and indebtedness. 

Pennsylvania: Eighty per cent of net receipts derived from forest reserva- 
tions, together with water-power rights, all escheated estates, and all other 
property or money which shall accrue to such fund, whether by act of legisla- 
ture, gift, or otherwise, shall constitute the State school fund. All real and 
personal property of the State school fund shall be under the control of the 
State board of education. The State treasurer shall keep separate account 
of State school fund; shall deposit funds in authorized depositories; shall 
add to such funds interest received from depositories for use of the same; 
shall be responsible for all funds. The State board of education shall invest 
all receipts derived from the State forest reservations, and all proceeds from 
sales of real estate received by the State treasurer, together with all appro- 
priations, gifts, and other receipts for such purpose, as a permanent State 
school fund, only the incoine from which may be expended. The State board 
of education is authorized to use such interest and rentals in equalizing edu- 
cational advantages in the State, in furthering education in the conservation 
of natural resources, forestry, agricultural, and other industrial pursuits in 
public schools. The State treasurer shall report to the State board of educa- 
tion, and said board shall make to the governor and auditor general a 
detailed annual report of the permanent State school fund. 

Rhode Island: State treasurer, with advice of the governor, shall have power 
to regulate the custody of permanent school fund, and shall keep the same 
invested in the capital stock of responsible banks or in bonds of towns ot 
cities of the State; money paid into State treasury by auctioneers shall be 
added to permanent fund; whenever any money appropriated for support of 
public schools in any town is forfeited by said town, such money shall be 
paid into said permanent fund. Income arising from permanent fund shall 
annually be appropriated for support of public schools. 

Tennessee: See B (a), General State finance and support. 

Texas: See A (bl). State boards; A (b2). State officers; C (a), Local finance 
and support, general; C (b), Local bonds and indebtedness. 

Vermont: See C (c), Local taxation. 



300 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Virginia: See A (bl), State boards; B (a), General State finance and support; 
C. (b), Local bonds and indebtedness. 

Washington: See B (a), General State finance and support; P (b), Finance, 
lands, support. 

West Virginia: " The school fund " of the State shall consist of sums accrued 
from sources enumerated in fourth section of the twelfth article of the con- 
stitution, not in excess of $1,000,000; governor. State superintendent of free 
schools, auditor, and treasurer shall be a corporation under name of "The 
board of school fund," and shall have management, control and investment 
of said fund, as provided in constitution; majority of board shall constitute 
a quorum ; auditor, as secretary of said board, shall lieep record of business 
of board, and shall annually report same to governor and State superin- 
tendent ; meeting of said board may be held at any time upon call of any 
member thereof; attorney-general shall institute and prosecute any action, 
when directed by board, for recovery of funds belonging to said fund; said 
board may appoint agents for collection of debts or claims. 

Wisconsin: See B (e), State aid for elementary education. 

Wyoming: Land income funds. — "Deaf, dumb, and blind land income fund" 
for the support and education of deaf, dumb, and blind persons ; " university 
land income fund " for the support of the State University at Laramie ; the 
" State charitable, educational, penal, and reformatory institutions land, in- 
come fund " for the support of reformatory institutions. 

All funds belonging to the State for school purposes, the interest and in- 
come of which only may be used, shall be invested only in school district 
bonds, registered county bonds, or sureties of this State or of the United 
States. 



B (d) . State Taxation for School Purposes. 

See also Api)endix A : State constitutional provisions relating to public 
education. 

Arizona: There shall be annually levied a State tax sufficient to raise $500,000 
for the support of the public schools. Trustees of each district shall annually 
make to county superintendent an estimate of amount of money needed for 
schools in their district and such superintendent shall transmit the same 
to county board of supervisors. County superintendent shall annually fur- 
nish to county supervisors an estimate of the amount of school funds needed 
in the county for the ensuing year ; in making such estimate county super- 
intendent shall take into consideration all moneys asked for by boards of 
trustees ; he shall multiply the sum representing the average daily attendance 
for the county during the previous year by such sum as will produce the 
amount estimated, but in no case shall the sum be less than $35 per pupil 
in average attendance the previous year ; superintendent shall add to above 
sum a sufficient amount to produce for each district employing but one 
teacher not less than $850 and not more than $1,000; 10 per cent of the 
superintendent's estimate shall be added thereto to form a reserve fund, 
and the aggregate shall be the minimum amount required to maintain kin- 



B (d). STATE TAXATION FOR SCHOOL PURPOSES. 301 

dergartens and common schools. County supervisors shall annually levy a 
county school tax which, taken with amount received from the State and 
other sources, shall be not less than the minimum amount estimated to be 
necessary, and in addition a rate in any district or districts in which an 
additional amount has been asked for ; county tax shall be paid into county 
treasury and district tax shall be paid into school fund of such district. 
Duties of county treasurer: To receive and hold all school moneys and 
keep a separate account with each district, notify county superintendent on 
receiving school funds amounting to $1,000 and subject to distribution, pay 
out school moneys on order of county superintendent, make annual report to 
State superintendent. County superintendent shall apportion all moneys as 
follows: Not less than $35 per capita of average attendance, but amount 
apportioned to any district shall not be less than $850; when any dis- 
trict has maintained school for five months and has an average attendance 
greater than during the preceding year, county superintendent shall ap- 
portion to said district out of the reserve fund so much of such fund as said 
district shall be entitled to under this chapter, but if reserve fund is insuf- 
ficient to meet the demands of all districts showing an increased attendance, 
such fund shall be apportioned pro rata among the several districts entitled 
thereto. No district, except a new one shall receive any of State and county 
apportionment unless such district shall have maintained school for at 
least seven months in the next preceding year, but if school is closed from 
unavoidable circumstances, district shall receive its apportionment. If a 
district has an average attendance of fewer than eight pupils between 6 and 
21 years old for a period of three months, county superintendent may sus- 
pend such district and report the fact to board of supervisors who shall 
declare the district lapsed. 

Arkansas: A State tax of 3 mills on the dollar shall be levied annually for 
common-school purposes. 

The legislature shall provide for the support of the common schools by 
taxes, which shall never exceed in any one year 3 mills on the dollar, 
and by an annual per capita tax of $1, to be assessed on every male over 21 
years old. Said legislature may authorize school districts to levy, by a vote 
of the qualified electors of such districts, a tax not to exceed 7 mills on 
the dollar. 

California: See P (c). State universities and colleges. 

Florida: See A (b2). State officer s. 

Illinois: See B (a). General State finance and support. 

Indiana: There shall be levied annually a State tax of 7 cents on each $100 of 
taxable property, and 50 cents on each taxable poll, which shall be paid into 
the general fund. There shall be levied annually a State tax of 10 cents on 
each $100, to be known as the " benevolent institution fund." There shall be 
levied annually a tax of 1^ cents on each $100, to be known as the " State 
debt sinking fund." There shall be levied annually a tax of 7 cents on each 
$100 for the State educational institutions; two-fifths of said fund shall be 
devoted to Indiana University, two-fifths to Purdue University, and one-fifth 
to the State Normal School. 

There shall be annually levied and collected a State tax of 13.6 cents on 
each $100 of taxable property and 50 cents on each taxable poll, which shall 
be paid into the State treasury for a common-school tuition fund. Trustees 
of townships, towns, and citie may levy a special tax for schoolhouses, equip- 



302 STATE LAWS KELATING TO PUBLIC EDUCATION. 

ment, supplies, and also for teachers' salaries whenever the State tuition 
fund apportioned to such corporation shall have been exhausted, but said 
special tax shall not exceed 50 cents on each $100 and $1 on each poll. 
County auditor shall make assessments and county treasurer shall collect the 
same. Trustees of townships, towns, and cities may levy 50 cents on each 
$100 and 25 cents on each taxable poll a^ a supplementary tuition fund to 
extend the term of school after the State tuition revenues shall have been 
exhausted. There shall annually be levied a State tax of 2f cents on each 
$100 for the benefit of the Indiana University, Purdue University, and the 
Indiana State Normal School; said fund shall be distributed four-elevenths 
to Indiana University, four-elevenths to Purdue University, and three- 
elevenths to the Indiana State Normal School. 

See also B (a). General State finance and support; O (a). Industrial edu- 
cation, general. 

Kansas: See A (b2). State officers. 

Kentucky: See B (a). General State finance and support; B (c), Permanent 
State school funds. 

Louisiana: Tax of 2 per cent shall be levied for school purposes on all inherit- 
ances, legacies, and other donations mortis causa to or in favor of the direct 
descendants or ascendants or surviving wife or husband of the decedent ; on 
such inheritances or dispositions to or in favor of collateral relatives of 
deceased, or in favor of strangers, a tax of 5 per cent on amount of actual 
cash value thereof at time of death of decedent. Exemptions: (1) Amounts 
below $10,000; (2) on any such legacy or other donation in favor of any 
educational, religious, or charitable institutions; (3) when such property has 
borne its just proportion of taxes prior to such donation, bequest, or 
Inheritance. 

Maine: See B (a), General State finance and support. 

Maryland: See B (a). General^ State finance and support^ 

Massachusetts: See B (a), (General State finance and support. 

Michigan: See P (c). State universities and colleges; Q (b), Agricultural 
colleges. 

Minnesota: There shall be levied annually upon the taxable property of the 
State a tax of 1^^ mills on the dollar, to be known as the State school 
tax, of which 1 mill on the dollar shall be added to the general school fund, 
which then shall be known as the current school fund, and the remainder of 
such tax shall be added to the university fund. County auditor shall levy 
on tax lists of county, in same manner as district school taxes are levied, a 
tax of 1 mill on the dollar of taxable property in each district, to be known 
as county school tax, and be credited to school district in which property taxed 
'is situated. Tax levied by school districts shall be known as the district 
school tax. Taxes voted by cities, villages, towns, and school districts shall 
be certified by proper authorities to county auditor on or before October 10 
in each year. In common districts district school tax shall not exceed 15 
mills on the dollar for support of schools, or 10 mills for purchase of sites 
and erection and equipment of schoolhouses ; but in such districts in which a 
10-mill tax will not produce $600 a greater tax may be levied for school 
sites and buildings, not to exceed 25 mills on the dollar nor $600 in amount ; 
in common districts having less than 10 voters district school tax shall 
not exceed $400, In independent districts no tax in excess of 8 mills on the 



B (d). STATE TAXATION EOR SCHOOL PUEPOSES. 303 

dollar shall be levied for school sites and buildings. In special districts such 
amounts may be levied as allowed by special law. In any common-school 
district maintaining a high or graded school district, tax for support of 
schools may be levied not to exceed 25 mills on the dollar. 
See also P (c), State universities and colleges. 

Nevada: See B (a), General State finance and support; P (c), State universi- 
ties and colleges; U (e), Schools for dependents and delinquents. 

New Jersey: There shall be annually appropriated from State treasury the 
sum of not less than $100,000 for maintaining public schools ; said sum shall 
be apportioned among counties on basis of their ratables ; in addition to said 
sum a State school tax shall be annually levied upon taxable property of 
State which, when added to said sum, shall make a sum equal to 2f mills 
on each dollar of such taxable property; amount so raised by taxation shall 
also 'be apportioned among counties on basis of their ratables; 10 per cent 
of full amount of State school tax annually raised shall be known as a 
reserve fund, to be apportioned by State board of education according to its 
discretion. The State comptroller shall draw his warrant on the State 
treasurer in favor of county collector of each county for school moneys 
whenever such collector shall present orders for the same drawn by com- 
missioner of education; county collector shall pay school moneys to custo- 
dians of school district funds on orders of county superintendent. District school 
boards shall make annual reports to county superintendent relative to num- 
ber of teachers employed and pupils in attendance. County superintendent 
shall annually apportion school moneys among districts in following man- 
ner: (1-a) Sum of $600 to each district employing a supervising principal 
or city superintendent who devotes entire time to supervision ; if two or more 
districts shall unite in employing such supervising principal, said amount 
shall be divided among such districts on basis of number of teachers; (b) 
sum of $500 for each teacher employed in a special class for instruction of 
blind, deaf, or defective children; (c) sum of $400 for each assistant super- 
intendent and supervisor (other than supervising principal) and permanent 
teacher in a high school or high-school department having four-year approved 
course of study; (d) sum of $300 for each permanent teacher employed in 
an approved three-year high school or high-school department; (e) sum 
of $200 for each permanent teacher employed in an ungraded school, or in 
a kindergarten, primary, or grammar department or in high-school depart- 
ment having less than three-year approved course; (f) sum of $80 for each 
temporary teacher employed for not less than four months; (g) sum of $80 
for each teacher employed in an evening school for full term of four months ; 
(h) sum of $25 for each pupil who shall have attended a high school or high- 
school department in district other than that of residence and for whom 
tuition is paid by board; (i) sum of $5 for each pupil who shall have attended 
an ungraded school or a kindergarten, primary, or grammar school depart- 
ment in district other than that of residence and for whom tuition has been 
paid by board; (k) 75 per cent of cost of transportation of pupils, if such 
transportation be approved by county superintendent; teachers in any 
manual-training school or department receiving special State aid who shall 
devote at least one-half time to school work other than manual training 
shall be regarded as temporary teachers under provisions of this article; (2) 
county superintendent shall apportion remainder of said moneys on basis 
of total days' attendance of pupils; an attendance upon an evening school 
shall be counted as one-half day's attendance for purpose of such apportion- 



304 STATE LAWS RELATING TO PUBLIC EDUCATION. 

ment ; if a school in any district shall be closed for good reason, school shall 
be deemed to have been in session for purpose of such apportionment. Bal- 
ance of any such moneys left in hands of district boards shall be returned to 
county collector for reapportionment by county superintendent, or same, with 
consent of said superintendent, may be used by boards for other school 
expenses. 

See also B (a), General State finance and support. 

New Mexico: See B (a), General State finance and support. 

North Carolina: See H (c), School year, month, day, etc. 

North Dakota: See P (b), Finance, lands, supi)ort of higher institutions. 

Ohio: See B (a), General State finance and support; P (c). State universities 
and colleges. 

Pennsylvania: All lands classified as auxiliary forest reserves shall be sub- 
ject to an annual charge of 2 cents per acre for the benefit of public 
schools and 2 cents per acre for roads, said charges payable by the State. 
The State forestry reservation commission shall certify to the respective dis- 
tricts and to State treasurer the number of acres taxable ; the State treasurer 
shall pay to the several school and road districts the amounts due them from 
such source. The department of forestry may lease any portion of the 
State forest for a period not exceeding 10 years, 80 per cent of proceeds of 
such lease to constitute part of State school fund. 

South Carolina: A State tax of 1 mlil on the dollar shall be levied. Fifty 
per cent of the proceeds shall be retained in the county where collected, to be 
used by the county board of education for the aid of free schools. Remaining 
50 per cent shall be expended by the State board of education as follows: 
Sixty thousand dollars for high-school aid; $60,000 for extending term of 
public schools; $20,000 for consolidated schools; $5,000 for rural libraries; 
any balance for lengthening school term. 

Tennessee: See B (a). General State finance and support. 

Texas: See B (a), General State finance and support. 

Utah: See N (a), High schools; P (b), Finance, lands, support of higher 
institutions. 

Vermont: See C (c), Local taxation. 

Virginia: A State school tax of 10 cents on each $100 of taxable property shall 
be levied. A poll tax of $1,50 on each male person over 21 years old, except 
persons exempted for military service, shall be levied; $1 of said poll tax 
shall be for the public schools and 50 cents shall be returned to the treasury 
of the county where paid. School-tax accounts shall be kept separate from 
other accounts. 

See also B (a). General State finance and support. 

Washington: See B (a), General State finance and support; P (b), Finance; 
lands ; support of higher institutions. 

West Virginia: See B (a). General State finance and support. 

Wisconsin: See A (e), School meetings, elections, etc.; B (e), State aid for 
elementary education; G (b). State normal schools; P (c). State universities 
and colleges. 

Wyoming: Tax for State revenue purposes shall not exceed 4 miils on the 
dollar, except for the support of State educational and charitable institutions. 



B (e). STATE AID FOE ELEMENTAEY EDUCATION 305 

B (e) . General Apportionment of State School Funds; Special State Aid 
for Elementary Education. 

See also Appendix A; State constitutional provisions relating to public edu- 
cation. 

Alabama: State auditor shall certify amounts available to State superintend- 
ent; superintendent shall first set aside amounts prescribed by law for nor- 
mal schools ; remaining amounts shall be apportioned to counties in pro- 
portion to school population; superintendent shall certify to State auditor 
amounts set aside and apportioned; State treasurer shall pay no amount in 
excess of sum apportioned; superintendent shall certify to county superin- 
tendents amounts, apportioned to their counties ; State superintendent shall 
set aside for townships amounts due them from interest on sixteenth-section 
funds or other trust funds, and no further apportionment shall be made to 
such townships until an amount equal to such interest be apportioned to 
townships and districts not having such interest due them ; county boards of 
education shall apportion funds to districts so that as nearly as practicable 
all schools terms may be of the same length. County boards shall report to 
State superintendent amount apportioned to each district; State superin- 
tendent shall keep accounts of all apportionments to districts and shall certify 
same to county superintendents; each county shall receive the poll tax col- 
lected therein; special county or district tax applied in county or district 
where collected ; school revenues apportioned shall not be used for buildings, 
furniture, or contingent expenses; in townships divided into districts, trust 
funds shall be apportioned according to school population ; funds once ap- 
portioned may not be diverted from purpose for which apportioned, but must 
await reapportionment if unused for that purpose; $3,000 set apart as con- 
tingent fund of State department of education. 

See also A (b2), State officers; A (f), Administrative units — districts, etc.; 
H (b). School census. 

Arizona: See A (b2), State officers; A (c2), County officers; B (d). State 
taxation for school purposes; D (e). United States flag in schools. 

Arkansas: On receiving notice of amount apportioned to county by State 
superintendent, county court shall apportion funds to districts on the basis 
of number of persons between 6 and 21 years old; county examiners shall 
annually report to county clerks the school population of each district, and 
said county clerk shall lay the same before the county court. 

See also A (bl), State boards; A (b2). State officers; B (a), General State 
finance and support; B (b). State school lands. 

California: Controller shall keep a separate account of school funds and shall 
report in January and July to State superintendent the amount in the 
treasury subject to apportionment ; on the order of the superintendent he 
shall draw his warrant on the State treasurer in favor of county treasurers 
for amounts apportioned. Controller shall transfer semiannually from gen- 
eral fund to State school fund such sums as shall be equivalent to $13 per 
pupil in average attendance the previous term. 

No assessor, collector, or county treasurer shall receive any fees for 
handling school funds, but assessor or collector shall receive 15 per cent for 
collecting poll taxes. County superintendent shall apportion funds for ele- 
mentary schools to districts on basis of attendance the previous year; 1 
teacher shall be allowed for each 35 pupils in average attendance or fraction 
thereof not less than 10; 2 additional teachers shall be allowed for an 

3966°— 15 20 



306 STATE LAWS RELATING TO PUBLIC EDUCATION. 

average attendance of 700; 1 additional teacher shall be allowed for 9 deaf 
pupils or fraction thereof greater than 5; $550 for each 35 units of average 
attendance and for each fraction thereof less than 10, $40 for each unit of 
average attendance; all moneys on hand after such apportionment shall be 
distributed to districts on basis of average attendance. County treasurer 
may transfer moneys from other funds to meet demands against school dis- 
tricts, and when collected for such districts such moneys shall be refunded. 
No school district, except newly formed, shall receive State and county funds 
unless school was maintained for 6 months or longer during previous year. 
Teachers must hold legal certificates and all State funds must be used for 
teachers' salaries. 

See also A (b2), State officers; A (c2), County officers; A (d), District 
boards and officers; A (f), Administrative units — districts, etc.; C (c), 
Local taxation. 

Colorado: See A (b2), State officers; A (c2). County officers; B (a), General 
State finance and support; F (b), Teachers' salaries; H (c), School year, 
month, day, etc. 

ConnecticTit: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; B (a). General State finance and support; M (c). 
Evening schools; O (a). Industrial education, general. 

Delaware: The State auditor shall annually report to the trustee of the school 
fund the unexpended balance in each district, the number of teachers em- 
ployed in each school, and the number of days taught. ' The trustee of the 
school fund (State treasurer) shall apportion to each district in proportion 
to the number of teachers employed for at least 140 days; no apportionment 
shall be made to a district which has not levied the amount of local tax 
required by law; districts employing additional teachers and levying an 
additional tax of $100 if a white district and $50 if a colored district 
may have additional shares apportioned to them, according to number of 
said additional teachers. The trustee of the school fund shall deduct from 
the apportionment to each district a sum equal to the unexpended balance 
of State fund and required local tax in said district; he shall also deduct 
the amount expended by him for textbooks in each district; if a district 
fails to employ additional teacher for which additional apportionment is 
made, such additional amount apportioned shall be deducted. State appro- 
priation shall not be less than $132,000 per annum. 

See also A (cl). County boards; A (f), Administrative units — districts, 
etc.; B (a). General State finance and support; H (f). Compulsory attend- 
ance. 

Florida: See A (b2). State officers; H (c), School year, month, day etc. 

Georgia: The State superintendent of schools, comptroller general, and treas- 
urer shall each month determine amount to be apportioned to each county on 
basis of last school census, but salaries of State school administrative officers 
shall first be deducted. 

County superintendent of schools shall transmit to State superintendent 
of schools an itemized statement of the various sums due and unpaid by the 
county board of education on January 1 for any item of expense properly 
chargeable to said county board. When such statements are presented to the 
governor he shall issue his warrants upon the treasurer for funds standing 
to the credit of each of the several counties or for part needed to pay in- 
debtedness of county boards. If moneys thus paid is not sufficient to pay in- 
debtedness, county superintendent shall prorate the amount available among 
the various items; but expenses of administration shall be paid in full. 



B (e). STATE AID FOR ELEMENTARY EDUCATION 307 

Contracts with teachers shall provide for monthly payment of salaries. 
School year shall coincide with calendar year. State superintendent, State 
treasurer, and comptroller general shall, before first Tuesday in December 
each year, estimate amount of common-school fund available for ensuing year 
and shall notify county superintendents of amounts due their respective 
counties. County boards of education shall meet on first Tuesday in Janu- 
ary and make arrangements for placing the schools in operation. Said boards 
may fix the salaries of teachers. Where county has local school laws and 
maintains school five months by local taxation governor shall draw warrants 
in favor of said counties without requiring itemized statement. Where town 
or city maintains schools by local taxation it shall be entitled to its share 
of entire county school fund in proportion to school populatin. When any 
county board or board of education of any city shall fail to maintain schools 
as required said county or city shall forfeit its right to participation in the 
school fund for that year unless State board of education shall approve 
reason for failure to maintain schools. 
See also A (bl), State boards. 

Idaho: See A (d), District boards and oflacers; A (f), Administrative units — 
districts, etc.; B (a), General State finance and support. 

Illinois: See A (b2), State officers; A (c2), County officers; A (d), District 
boards and officers; B (a), General State finance and support. 

Indiana: State superintendent shall annually make two apportionments of the 
school revenue for tuition, one in June and the other in January; county 
auditors shall in May and December report to said superintendent amounts 
of such revenue available in their respective counties. Said report shall 
show: (1) Amount of school tax collected; (2) interest collected on loans of 
common-school funds; (3) amount derived from liquor licenses and un- 
claimed fees; (4) total amount of revenue thus collected and ready for ap- 
portionment; (5) income from the congressional township school fund; (6) 
amount of said income on hand for distribution in parts of the townships in 
the adjacent counties. State superintendent shall have printed a statement 
showing (1) the enumeration of children in each county; (2) amount of 
school revenue ready in each county; (3) distributive share thereof appor- 
tioned to each county. The amount of State revenues accruing in each county 
in excess of amount apportioned to said county shall be paid into the State 
treasury; State auditor shall draw his warrant for the amount of which 
any county may be entitled in excess of the State revenues collected therein. 
County auditor shall semiannually apportion to each township, incorporated 
town, or city, the school revenue to which his county is entitled ; after ascer- 
taining the amount of congressional township school revenue belonging to 
each corporation, said auditor shall apportion other revenue so as to equalize 
as nearly as possible the amount of available school revenue for tuition to 
each corporation according to the enumeration of children therein ; if any 
corporation shall not expend for tuition purposes in any year an amount 
equal to State tuition revenue apportioned thereto, auditor shall at next 
apportionment deduct from tuition revenue apportioned an amount equal to 
the difference between State revenue apportioned and the whole amount re- 
ported to have been expended for tuition purposes, but funds arising from 
local tuition tax shall not be considered in making such deduction. State 
superintendent shall apportion any amount ready for apportionment, together 
with 94.8 per cent of sum collected by tax levy, to counties on basis of last 
enumeration of children therein ; remaining 5.2 per cent shall be apportioned 



308 STATE LAWS RELATIl!TG TO PUBLIC EDUCATION. 

to corporations unable to maintain school for term required by law after 
levying maximum supplementary tuition tax allowed ; no corporation shall be 
entitled to receive such State aid unless there has been levied therein a local 
tuition tax of at least 25 cents on each $100 ; a corporation maintaining school 
for seven months and having insufficient tuition revenue may receive such 
State aid if levying a local tuition tax of not less than 40 cents on $100; 
amount so received shall be used only for teachers' salaries. When dog tax 
not required to pay owners for live stock killed or maimed by dogs shall 
exceed $100 in any township, said tax shall be paid into county treasury to 
be distributed to the public schools of such township. 

See also A (c2), County officers; A (d), District boards and officers; M 
(b), Kindergartens. 

Iowa: See C (c), Local taxation; H (e), Consolidation of districts, etc. 

Kansas: See A (b2), State officers; A (c2). County officers; B (c), Permanent 
State school funds. 

Kentucky: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; B (a), General State finance and support; H (c), 
School year, month, day, etc. 

Louisiana: See B (a), General State finance and support. 

Maine: State treasurer shall annually set aside from State school funds 
$40,000 as a " school equalization fund " for aiding towns wherein a tax 
rate considerably in excess of the average for the State fails to produce 
sufficient revenue for efficient schools; State superintendent shall investigate 
such towns and make recommendation to governor and council relative 
thereto ; governor and council shall have authority to draw warrant in favor 
of town in accordance with superintendent's recommendation ; superintendent 
may expend $2,000 for investigating such towns. 

See also A (b2). State officers; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; B (a), General State finance and 
support; C (c), Local taxation; H (f), Compulsory attendance; O (a), 
Industrial education, general. 

.*Iaryland: See A (cl). County boards; B (a), General State finance and 
support; H (c), School year, month, day, etc.; H (h), Separation of the 
races; K (c), Uniformity of textbooks; O (a), Industrial education, general. 

Massachusetts: See A (d). District boards and officers; B (c). Permanent 
State school funds; O (a), Industrial education, general; O (d). Continua- 
tion schools. 

Michigan: See A (b2). State officers; A (d). District boards and officers; 
C (c). Local taxation; T (b), Schools for the deaf. 

Minnesota: All schools supported in whole or in part by State school funds 
shall be styled public schools, and admission thereto shall be free to all per- 
sons between the ages of 5 and 21 years, but the school board of any district 
may exclude all children under 6 years old. District schools are divided into 
four classes: High schools, graded schools, semigraded schools, and common 
schools. Each high school shall be in session at least nine months in the 
year; admit those passing a proper examination in arithmetic, spelling, Eng- 
lish grammar, reading, writing, geography, and United States history; have 
course prescribed by State high-school board requisite for admission to State 
university and an English business course in addition ; be subject to rules of 
high-school board. Graded schools include those below high schools which 
are in session at least nine months in the year; are well organized, having 
at least four departments in charge of a principal holding a State professional 



B (e). STATE AID FOB ELEMENTARY EDUCATION 309 

certificate or graduate from the advanced course of a State normal school or 
reputable college; have suitable buildings, equipment, and library; have 
courses of study prescribed by high-school board. A semigraded school is 
one which maintains school for at least eight months in the year; is well 
organized, with at least two departments, one of whose teachers holds not 
less than a first-grade certificate; has orderly course of study; has suitable 
school plant. All other district schools are common schools. Schools shall be 
maintained not less than 5 nor more than 10 months in the year, but this 
does not apply to evening schools or kindergartens ; school month shall consist 
of four weeks; every Saturday shall be a school holiday; all legal holidays 
shall be counted as part of school week. Holidays shall include : New Year's 
Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independ- 
ence Day, Labor Day, Election Day, Christmas Day, and Good Friday. In- 
struction shall be in the English language, but teachers may use any other 
language in explaining English words. Any high school, graded school, or 
consolidated school with proper equipment may be designated by State high- 
school board as schools where agriculture, manual training, and home eco- 
nomics may be taught; trained instructors shall be employed to teach those 
subjects ; nonresident pupils may be admitted to such schools upon payment 
of tuition by districts where such pupils reside ; State high-school board may 
establish rules for admission of nonresident pupils and fix tuition for the 
same; special classes may be formed for those attending only in the winter 
months ; instruction shall be of a practical nature ; each of said schools shall 
receive annually from State $2,500, $150 for each association rural district, and 
$150 for each rural school in the same district, but State aid for such schools 
shall not exceed two-thirds of cost of maintenance of said agricultural and 
industrial' departments ; any rural school which shall become associated with 
schools maintaining said departments shall receive as State aid $50 per year. 
Rural schools may become associated with schools maintaining agricultural 
and industrial departments; high or graded school shall be known as cen- 
tral school ; no tuition shall be charged to any pupil residing in the central 
school zone and for no nonresident below seventh grade ; current school fund 
shall be apportioned to central school district for pupils residing in asso- 
ciated districts and who attend said central school; there shall be annual 
joint meetings of the trustees of the various associated districts at the cen- 
tral school for transacting business of central zone ; board of each associated 
district shall elect one of its members to act with the board of the central 
school. Principal of the central school shall supervise schools of associated 
districts, making therefor courses of study in agriculture and industrial train- 
ing. Any associated district may withdraw from a central school upon a 
two-thirds vote of said district, but not until one year's notice has been given 
of such proposed withdrawal. It shall be unlawful for any public-school pupil 
to join, or solicit any pupil to join, any fraternity or association except those 
sanctioned by school officials; no person shall enter any school ground or 
building for purpose of soliciting any pupil to join a fraternity or associ- 
ation. It shall be lawful for a teacher to use moderate force to restrain or 
correct a pupil. The county board of any county maintaining a county jail 
or workhouse may establish and maintain therein a school for teaching the 
elementary branches of learning. The board of control of the State may pro- 
vide at some State institution for the care, medical treatment, maintenance, 
and education of indigent blind infants of Minnesota. 

State superintendent shall apportion school fund twice in each year among 
counties, In proportion to number of school children therein. No district 



310 STATE LAWS RELATING TO PUBLIC EDUCATION. 

maintaining less than five months of school shall be entitled to any part of 
said fund, and no district shall receive fund for any pupil attending school 
less than 40 days in the school year. The county auditor in each county shall 
twice in each year apportion to districts the amount apportioned from the 
current school fund and the amount of liquor licenses, fines, estrays, and from 
other sources belonging to the general school fund upon same basis as State 
apportionment, but same shall be used only for teachers' salaries; but no 
district shall receive any part of the money received from liquor licenses 
unless such moneys are apportioned to the county school fund, and no district 
shall receive in any year from the apportioned fund a greater amount than 
that appropriated by such district from its special and local 1-mill tax for 
that year, unless such district has levied the maximum allowed by law for 
school purposes. Any district for first year after its organization has made 
provision for a four-months' school by levy of sufficient tax shall receive 
after first month at next apportionment such funds as are justified by its 
enrollment. 

The State high-school board shall have power to designate high schools for 
State aid; board shall apportion said State aid equally among the high 
schools and the graded schools entitled thereto, but no high school shall 
receive more than $2,200 per year nor any graded school more than $750 
per year ; no high school shall receive amount in excess of its actual expendi- 
ture for such work exclusive of building and repairs, nor shall a graded school 
in same district with an aided high school share in such apportionment ; said 
aid to graded schools shall not exceed one-half amount raised by special taxes 
for current expenses; schools receiving State aid in accordance with these 
provisions shall not by virtue of that fact be denied the right of receiving 
State aid under other laws. Four-year high schools supporting normal in- 
struction in the common branches shall receive annually $1,000 for such 
instruction. Each school designated to maintain an agricultural and indus- 
trial department shall receive annually $2,500 State aid, and $150 for each 
rural district associated with such school, and may also receive $150 for 
each rural school in same district, but the total of such aid shall not exceed 
two-thirds of sum actually expended upon such special departments. Any 
rural district which shall associate itself with a State-aided school shall 
receive annually State aid of $50. Any high or graded school maintaining 
prescribed courses in agriculture, and either in home economics or in manual 
training, shall receive annually, in addition to other aid, $1,800; the provi- 
sions for the association of rural schools with State-aided schools, as made 
in the foregoing act, shall apply in this act also; this aid shall not be paid 
any school receiving aid for industrial courses under any other act. Graded 
schools maintaining courses equivalent to two years' high-school work shall 
receive State aid not in excess of $500 per year. For purpose of receiving 
State aid consolidated schools shall be classified as A, B, and C ; A schools 
shall have at least four departments, B three, and C two ; all pupils living 
more than 2 miles shall be transported free of charge to such schools. The 
principal of a class A school shall hold at least a diploma from the advanced 
course of a State normal school, and shall be able to teach agriculture ; such 
school shall include facilities for industrial work. Principal of B or C 
school shall hold at least a State first-grade certificate. Schools of not more 
than two rooms under certain conditions may receive State aid. Class A 
schools shall receive annually State aid of $1,500, class B schools $1,000, and 
class schools $750; said schools shall also receive an amount to aid in the 
construction of buildings equal to 25 per cent of cost of buildings, but no 



B (e). STATE AID FOR ELEMENTARY EDUCATION 311 

district shall receive more than $1,500 for snch purpose. A common school 
employing a teacher holding at least a first-grade certificate and maintaining 
at least eight months of school per year shall be known as class A ; one em- 
ploying teacher holding second-grade certificate, maintaining not less than 
eight months of school, class B ; one employing teacher holding second-grade 
certificate, maintaining not less than seven months of school per year, class 
C. Semigraded schools may receive annual State aid not to exceed $300; 
class A common, $150 ; class B common, $100 ; class C common, $75. 

See also A (b2), State officers; A (d), District boards and officers; H (f). 
Compulsory attendance. 

Mississippi: Act of 1912 sets aside $5,000, to be known as a supplemental 
common-school fund ; when common-school money in any county is exhausted 
and its schools can not run the constitutional period of four months, county 
superintendent shall apply to State board of education for such sum as may 
be necessary to continue schools the four months; after investigation State 
board of education shall draw its order for such sum as they shall deem 
necessary; if sum asked for exceeds the fund appropriated, said fund shall 
be apportioned in accordance with needs. 

See also A (b2), State officers; C (c), I^cal taxation. 

Missouri: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; C (a). Local finance and support, general. 

Montana: See A (b2). State officers; A (c2). County officers; B (a). General 
State finance and support; H (c). School year, month, day, etc.; O (a). In- 
dustrial education, general; S (b). Public-school libraries. 

Nebraska: The county treasurer shall make semiannual reports of school 
finances to State auditor and State treasurer. The State treasurer shall 
semiannually make a complete exhibit of all moneys belonging to the school 
fund of the State, whereupon the State superintendent shall apportion the 
same to the sev-eral counties according to the pro rata enumeration cf school 
children in said counties. The several county superintendents shall upon 
the receipt of such apportionment add thereto moneys derived from fines and 
licenses and apportion same as follows : One-fourth to be distributed equally 
to the several districts in the county and the remainder to be distributed to 
the districts pro rata according to school census; no district failing to main- 
tain a school for the period required by law shall receive any part of such 
fund. A new district formed from districts where school has been maintained 
for required period shall be entitled to apportionment. In making the one- 
fourth apportionment, each fractional district shall receive one-half as much 
as a whole district. County superintendent shall upon apportioning funds 
certify the same to the county treasurer and the several district directors. 
County treasurers shall receive no fees for -receiving and disbursing the State 
school appropriation. Before a district treasurer shall be allowed to draw 
the State apportionment he must present a certificate to the county treasurer 
from the county superintendent showing that the district is legally entitled 
to the same. The forest-reserve funds, paid annually to the State from the 
United States, 'shall be divided among the several counties in proportion to 
the number of acres of such land in the counties; said funds shall be used 
for public schools and public roads. County superintendents shall apportion 
said fund as follows: One-fifth to public-road fund; one-fifth equally to the 
districts of county; three-fifths to districts according to number of school 
children therein ; no district failing to maintain school for at least minimum 
term shall be allowed any part of such fund. County superintendent shaU 



312 STATE LAWS EELATING TO PUBLIC EDUCATIOK. 

certify apportionment of forest-reserve fund to county treasurer and to the 
several district directors. 

See also A (b2), State officers; A (d), District boards and officers; A (e), 
School meetings, elections, etc. 

Nevada: See A (b2), State officers; A (f), Administrative units — districts, 
etc. ; B (a), General State finance and support. 

New Hampshire: See A (d), District boards and officers; B (a), General 
State finance and support. 

New Jersey: The State railroad tax shall, after certain deductions are made 
as required by law, be apportioned for public-school purposes among the sev- 
eral counties on basis of taxable property in said counties ; the county super- 
intendent shall apportion such moneys in same manner as other school 
moneys are apportioned by him. Said moneys shall be used exclusively for 
support and maintenance of public schools. 

See also A (b2). State officers; A (c2). County officers; A (f). Adminis- 
trative units — districts, etc. ; B ( a ) , General State finance and support ; B 
(d). State taxation for school purposes; C (a). Local finance and support, 
general; D (a), Buildings and sites, general; H (e), Consolidation of districts, 
etc.; L (i). Manual and industrial education; O (a), Industrial education, 
general. 

New Mexico: See A (b2), State officers; A (c2), County officers; B (a). Gen- 
eral State finance and support. 

New York: See A (b2), State officers; A (d), District boards and officers; 
A (f), Administrative units — districts, etc.; B (a), General State finance and 
support; F (c), Teachers' pensions; H (f), Compulsory attendance; U (e), 
Schools for dependents and delinquents. 

North Carolina: See A (cl). County boards; C (a), Local finance and support, 
general; H (c), School year, month, day, etc. 

North Dakota: Any public school in a common-school district, any public 
school in a city, town, or village, or any consolidated school not entitled to 
aid as a high school and complying with the provisions of this act may 
receive State aid as herein provided. Graded schools shall be of first or 
second class. Requirements for first class: (1) School must run at least 
nine months; (2) it must have at least four departments, with principal a 
graduate of a normal or other higher institution or holder of a professional 
certificate and each teacher a holder of at least a first-grade elementary 
certificate; (3) it must have a suitable building, apparatus, etc.; (4) it must 
include the first two years of high-school work as well as a course in domestic 
science and either manual training or agriculture. Requirements for second 
class: Same as for first class, except that only two departments are required 
and no high-school work is required. Both classes shall comply with rules 
prescribed by State board of education. Rural schools shall be of first or 
second class. Requirements for first class: (1) Nine months' term; (2) 
teacher of successful experience and holding at least a first-grade elementary 
certificate; (3) a suitable schoolhouse, equipment, etc.; (4), course of study 
as prescribed in State course for common schools, including elementary 
agriculture. Requirements for second class: (1) Eight months' term; (2) 
teacher of successful experience and holding at least a second-grade ele- 
mentary certificate; other requirements same as for first class. Both classes 
shall comply with rules of State board. Application for aid to graded or 
rural schools shall be made to State superintendent through county super- 
intendent, whose certificate that school has complied with requirements shall 



B (e). STATE AID FOR ELEMENTARY EDUCATION 313 

be attached thereto. Before aid can be granted inspection must be made by 
a State inspector of rural, graded, and consolidated schools, to be appointed 
by the State superintendent. Amount of aid: Graded district of first class, 
$200 per annum; second class, $150; rural school of first class, $150; rural 
school of second class, $100 ; if appropriation is insufiicient to pay such sums, 
the amount available shall be apportioned pro rata. Aid to consolidated 
schools: Six hundred dollars to school of rank of graded schools of first 
class; $500 to school of rank of graded school of second class. A school 
may be advanced to a higher class on recommendation of the State inspector 
to the State board of education. 

See also A (c2). County oflScers; B (a), General State finance and support. 

Ohio: See A (b2), State officers; A (f). Administrative units — districts, etc.; 
B (a), General State finances and support; H (b), School census, T (b). 
Schools for the deaf. 

Oklahoma: See A (c2), County officers; H (e). Consolidation of districts, etc. 

Oregon: The county superintendent shall make an apportionment of the entire 
school fund on hand on the first Monday in October of each year, and at 
such other times as he may think advisable ; the county school fund derived 
from county tax shall be apportioned as follows: One hundred dollars to 
each district; $5 for each teacher, and the remainder on the basis of the 
number of persons between 4 and 20 years old ; in the case of joint districts 
lying In two or more counties, the $100 shall be apportioned from the said 
counties in proportion to the number of persons of school age in parts of 
district in said counties. The income from the common or irreducible school 
fund shall be apportioned to the districts in proportion to the number of 
persons between 4 and 20 years old. The county superintendent may on the 
request of any district board make a partial apportionment to such district, 
and apportion the remainder at the next regular apportionment, but each 
district shall expend for teachers' salaries at least 85 per cent of amount 
received. Superintendent shall keep accounts with county treasurer and 
district clerks. 

See also A (f). Administrative units — districts, etc.; B (c), Permanent 
State school funds. 

Pennsylvania: All moneys appropriated for public schools shall be paid by 
order on the State treasurer signed by the State superintendent ; said super- 
intendent shall first deduct all items specified in this act and required to be 
deducted by any appropriation bill, and the remainder shall be apportioned 
as follows: One-half on basis of number of paid teachers employed for full 
annual term ; one-half on basis of number of children between ages of 6 and 
16 years residing in the several school districts of the counties. Any bal- 
ance at end of year shall be added to the appropriation for the following year. 
Annual State appropriation shall be paid to the treasurers of the several 
school districts, and same shall be used by the districts, through the directors 
thereof. If board of school directors shall be compelled to close any school 
on account of contagious disease, fire, or other cause, the State superin- 
tendent may pay to such school any or all of its share of State funds. 

See also A (b2), State officers; B (c), Permanent State school fund; H (f), 
Compulsory attendance; O (a). Industrial education, general. 

Rhode Island: Sum of $120,000 shall be annually paid out of income of per- 
manent school fund and from other money in the treasury for support of 
public schools on order of commissioner of public schools; said sum shall 
be apportioned among the several towns as follows : One hundred dollars to 
each school, not to exceed 15 in any one town; remainder in proportion to 



314 STATE LAWS KELATING TO PUBLIC EDUCATIOI^. 

■ number of children 5 to 15 years of age, inclusive ; said sum shall be used ex- 
clusively for teachers' salaries ; no town shall receive any part of such State 
•appropriation unless it shall raise by tax an equal amount for support of 
public schools; commissioner of public schools shall draw orders on State 
treasurer for State appropriations made to towns for public schools. Sum 
of $4,000 shall be annually appropriated for purchase of dictionaries, encyclo- 
pedias, and other works of reference, maps, globes, and other apparatus 
for use of public schools ; said sum shall be apportioned among towns making 
application for same, on basis of one-half amount expended by town for 
such purposes, at rate of $10 per school, and not more than $200 per 
town; in case demand exceeds appropriation, applications shall be filed and 
shall receive later appropriations in their order. There shall be an annual 
appropriation for evening schools, to be apportioned among the towns by the 
State board of education. 

The sum of $5,000 is annually appropriated, to be apportioned by State 
board of education, for aid to towns in which the taxable property is not 
adequate, at the average rate of taxation throughout the State, to provide 
public schools of a high standard. 

See also A (b2), State officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; H (e). Consolidation of districts, etc.; 
J (b), Medical inspection; O (a). Industrial education, general. 

South Carolina: Not less than $15,000 annually shall be appropriated for the 
purpose of aiding rural schools. Any rural district levying a special school tax 
of not less than 4 mills, employing two certified teachers for not less than 
six months, having not fewer than 50 pupils enrolled and not fewer than 
30 in average attendance, and using a course of study approved by the State 
board of education, shall be entitled to State aid of $200 per year. A rural 
district meeting same conditions but employing three teachers for not less 
than seven months, and having an enrollment of not fewer than 75 and an 
average attendance of not fewer than 40, shall be entitled to $300 per year. 
No district receiving high school aid or aid under the term-extension act, 
or containing an incorporated town of more than 300 population, shall receive 
aid under this act. State aid under this act may be used to pay for the 
transportation of pupils. State superintendent and State board of education 
shall prescribe rules for the distribution of this fund. 

See also A (cl), County boards; A (c2). County officers; A (f), Adminis- 
trative units — districts, etc.; B (d), State taxation for school purposes; 
H (c). School year, month, day, etc.; S (b), School libraries. 

South Dakota: The State appropriates annually $12,500 to aid districts having 
within their limits State indemnity and endowment lands, but such aid 
shall not exceed 5 cents per acre of said lands and shall not be used for the 
erection or purchase of buildings. 

See also A (c2), County officers; A (d), District boards and officers. 

Tennessee: See A (f), Administrative units — districts, etc.; B (a), General 
State finance and support. 

Texas: See A (bl), State boards; A (b2), State officers; A (c2), County 
officers; A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; B (a), General State finance and support; F (b), Teachers' 
salaries; N (a), High schools. 

Utah: County superintendent shall apportion funds received from State to 
districts in proportion to number of persons between 6 and 18 years of age; 
he shall apportion county fund in same manner, but after apportioning to 



B (e). STATE AID FOR ELEMENTARY EDUCATION 315 

cities of first and second classes and to county districts of tlie first class lie 
shall set aside from county fund sufficient sum for his own compensation 
and expenses and for expense of county institute ; otherwise no part of State 
and county funds shall be used for other pui-pose than for teachers' salaries. 
No funds shall be apportioned to district not having maintained school for 
20 weeks in year next preceding, and number of census children in such 
district shall be subtracted from total of county for purpose of State appor- 
tionment, but uncontrollable cause of closing school shall not bar apportion- 
ment to district; county superintendent may close school not maintaining 
an average attendance of 8 or more for 20 weeks. When county levies 4 
mills and district levies 5 mills and State, county, and district funds are still 
insufficient to conduct schools for at least 28 weeks and pay each teacher 
$525 there shall be paid out of State treasury a sufficient amount to pay 
such sum, but no district receiving benefit of this provision shall employ 
more than one teacher except on recommendation of county superintendent 
and with approval of State superintendent and concurrence of State board 
of education ; such money shall be used exclusively for teachers' salaries. 
See also A (b2), State officers; A (f), Administrative units — districts, etc. 

Vermont: See A (bl). State boards; A (d), District boards and officers; 
A (f), Administrative units — districts, etc.; C (c). Local taxation; L (j). 
Agriculture, 

Virginia: See A (bl), State boards; A (cl), County boards; A (f), Adminis- 
trative units — districts, etc.; B (a). General State finance and support; D 
(b), State aid, approval of plans; H (b). School census; N (a). High schools. 

Washington: Superintendent of public instruction shall make six apportion- 
ments each year of current State school funds. Apportionment shall be made 
on basis of days' attendance during preceding year, as shown by county super- 
intendents' annual reports. Each school district shall be credited with at 
least 2,000 days' attendance. If any pupil attends school outside of resident 
district up to ninth grade during time school of equal grade is maintained 
in district of his residence, his attendance shall be credited to resident dis- 
trict unless mutually agreed otherwise by directors of the two districts. The 
principal or head of every private school shall annually report to district 
clerk the actual days' attendance of pupils upon such private school. For 
purposes of apportionment of current State school funds attendance of pupils 
in high schools shall be counted one and one-half times actual attendance, 
but to receive such apportionment such high school shall charge no tuition, 
regardless of where residence is in the State, if there be no high school in 
pupil's district. For purposes of apportionment attendance in parental 
schools where food and lodging are furnished the pupil shall be counted as 
three times actual attendance, and in schools for defectives five times such 
attendance. In night schools attendance shall be counted as one-half actual 
attendance without maximum age limit. In addition to regular apportion- 
ments, each high school shall receive a bonus of $100 for each grade above 
grammar school if such school was maintianed during preceding year and 
maintained average daily attendance in each grade of at least four students. 
County superintendent, upon receiving State apportionment, shall apportion 
the same, together with county funds, among the districts. When schools of 
a district are closed for sufficient cause superintendent of public instruction 
may allow such district full apportionment, but for no longer a period than 
15 school days. When a district shall fail to submit to county superintendent 
plans and specifications of proposed schoolhouses as required by law said 
superintendent may withhold entire apportionment accruing to such district. 



316 STATE LAWS RELATING TO PUBLIC EDUCATION. 

See also B (a), General State finance and support; H (e), Consolidation 
of districts, etc. 

West Virginia: See A (d), District boards and officers; B (a), General State 
finance and support. 

Wisconsin: The school-fund income shall be apportioned annually by State 
superintendent among the several counties, towns, villages, and cities accord- 
ing to number of children in each over age of 4 and under age of 20 years. If 
any town, village, or city shall fail in any year to raise by tax for support of 
common schools a sum equal to its share of such school fund or other income, 
apportionment to such town, village, or city shall be withheld from next suc- 
ceeding apportionment unless such deficit is supplied by such town, village, or 
city; no apportionment shall be made to any city, village, or town for any 
district therein for any year during which school was not maintained for 
eight months, except for extraordinary cause, nor for any district which has 
not made report as required by law; nor to any city not including census 
figures in its report. Said superintendent shall certify apportionment to sec- 
retary of state, and shall give notice thereof to each county clerk and county 
treasurer ; said secretary shall draw his warrant on State treasurer for such 
apportionments, and State treasurer shall pay same to county treasurers at 
time State taxes are paid in. Each county treasurer shall notify the clerk 
and treasurer of each town, village, or city of apportionment, and treasurer 
of such town, village, or city shall pay same over to school treasurer. The 
town clerk shall apportion all school money received from the State and 
raised by the town among districts and parts of districts on basis of school 
population. No district shall receive State money unless such money be used 
exclusively for payment of salary of teacher, and school has been conducted 
at least eight months. There is annually appropriated to common-school fund 
income an additional amount equal to seven-tenths of 1 mill for each dollar 
of assessed valuation of taxable property of the State, exclusive of property 
of certain corporations. 

The school board of any district maintaining a graded school but no free 
high school nor a school equivalent to a free high school, town free high 
schools excepted, may receive special State aid; State graded schools of 
three or more departments shall be known as graded schools of first class, 
and such schools of two departments, second class; to receive State aid such 
schools shall in each department run nine months, and at least three depart- 
ments in schools of first class and both departments in schools of second class 
shall have average daily attendance of at least 15 pupils; the principal of 
such graded school of first class shall hold a State license or State certificate ; 
principal of such school of second class shall hold a first-grade county cer- 
tificate with at least one year's experience in public schools or a second-grade 
certificate with at least two years' experience, or a State certificate ; assistants 
shall possess prescribed qualifications; school property must be kept in good 
condition; such schools must have sufficient equipment; said school must, 
when desiring State aid, make application for same. Graded schools of first 
class may receive from State $300 annually; such schools of second class 
$200; school boards shall annually make reports to State superintendent 
relative to such schools; said superintendent may, for good cause, withhold 
such aid; such schools maintaining industrial courses, approved by said su- 
X)erintendent, may receive an additional $100 annually. If two or more dis- 
tricts maintaining one-department rural schools shall consolidate and estab- 
lish and maintain a State graded school, and shall provide for transportation 
of pupils living more than 2 miles from consolidated school, such district shall 



B (f). STATE AID FOR SECONDAEY EDUCATION". 317 

receive, in addition to apportionments hereinbefore authorized, an additional 
sum of $100 annually, as special State aid. State superintendent shall in- 
spect and supervise State graded and free high schools; shall prepare course 
of study for such graded schools; shall furnish blanks for and require reports 
from such schools. No more than one such graded school in any village or 
school district shall receive such State aid; no graded school in an incorpo- 
rated city shall receive such aid. 

Whenever the electors of any rural school district maintaining a one oi- 
two department rural school shall direct school boards to close such schools 
and pay transportation and tuition of pupils at district maintaining a one or 
two department rural school, or State graded school, or grades below free 
high school in a free high school district, each such rural school district shall 
receive State aid in sum of $150 annually upon following conditions: (1) 
Transportation and tuition shall be provided for at least 32 weeks during 
school year; (2) average daily attendance of such pupils shall be at least 80 
per cent of number enrolled for such transportation and tuition; (3) con- 
tract shall be made for such transportation; (4) means of transportation 
shall be satisfactory; (5) school attended shall be at least a first-class rural 
school; (6) annual report relative to such transportation and tuition shall be 
annually made to State superintendent; (7) county superintendent shall 
annually make a like report. Notice of proposed transportation and tuition 
shall be included in notices of meetings. Districts so paying transportation 
and tuition of pupils shall also receive apportionment of usual school funds. 

See also A (b2). State officers; A (cl), County boards; A (d), District 
boards and officers; A (e). School meetings, elections, etc.; F (c). Teachers' 
pensions; H (e), Consolidation of districts, etc.; O (a). Industrial educa- 
tion, general; O (b), Agricultural schools; S (b). Public school libraries; 
T (b), Schools for the deaf. 
Wyoming: County superintendent shall apportion State school-land income 
fund to district on basis of school census. 

See also A (b2). State officers; A (c2). County officers; L (a), Course of 
study. 



B (f). Special State Aid for Secondary Education. 

See also N (a), High schools. 
Alabama: See N (a). High schools; 0(b), Agricultural schools. 
Arizona: See N (a). High schools. 
Arkansas: See N (a). High schools. 
California: See N (a), High schools. 
Colorado: See N (a), High schools. 
Connecticut: See G (c). County and local normal schools; N (a), High 

schools. 
Idaho: See B (a). General State finance and support. 

Illinois: See A (b2), State officers; B (a). General State finance and support. 
Indiana: See O (a), Industrial education, general. 
Iowa: See G (c), County and local normal schools. 
Kansas: See G (c), County and local normal schools. 
Maine: See A (f). Administrative units — districts, etc.; N (a), High schools; 

O (a), Industrial education, general. 



318 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Maryland: See N (a), High schools. 

Massachusetts: See N (a), High schools; O (a), Industrial education, gen- 
eral; O (d) Continuation schools. 

Michigan: See G (c), County and local normal schools; O (b), Agricultural 
schools. 

Minnesota: See B (e), State aid for elementary education; K (a), High 

schools. 
Mississippi: See N (a), High schools. 
Missouri: See G (c), County and local normal schools; H (e), Consolidation 

of districts, etc.; N (a), High schools. 
Montana: See O (a), Industrial education, general. 

Nebraska: See G (c), County and local normal schools; N (a), high schools. 
Nevada: See N (a), High schools. 
New Hampshire: See B (a), General State finance and support; N (a), High 

schools. 
New Jersey: See O (a), Industrial education, general. 
New Mexico: See N (a), High schools. 
New York: See B (a), General State finance and support; O (a). Industrial 

education, general. 
North Carolina: See N (a), High schools; O (b), Agricultural schools. 
North Dakota: See L (j), Agriculture; N (a). High schools. 
Ohio: See A (f), Administrative units — districts, etc. 
Oregon: See N (a), High schools. 

PennsylTania: See N (a), High schools; O (a), Industrial education, general. 
Rhode Island: See N (a). High schools; O (a), Industrial education, general. 
South Carolina: See B (d), State taxation for school purposes; B (e). State 

aid for elementary education; N (a), High schools. 
Tennessee: See B (a). General State finance and support. 
Texas: See N (a), High schools. 
Utah: See N (a), High schools. 

Vermont: See G (c), County and local normal schools; L (j), Agriculture. 
Virginia: See N (a), High schools. 
Washington: See B (e), State aid for elementary education; N (a), High 

schools. 
West Virginia: See N (a), High schools. 
Wisconsin: See G (c), County and local normal schools; H (e), Consolidation 

of districts, etc.; N (a). High schools; O (a). Industrial education, general; 

O (b), Agricultural schools. 



C. LOCAL (COUNTY, DISTRICT, MUNICIPAL) FINANCE AND SUPPORT. 



(a) General. 

See also Appendix A: State constitutional provisions relating to public 
education; C (c). Local taxation. 

Arkansas: See B (a), General State finance and support. 
California: See H (f), Compulsory attendance. 



C (a). LOCAL FINANCE AND SUPPORT, GENERAL. 319 

Colorado: Every justice of the peace or other magistrate by whom any fine 
or penalty is imposed shall make quarterly report of the same to county 
commissioners; county treasurer shall certify quarterly to county superin- 
tendent amount of fines collected ; all fines shall be paid to school fund of the 
county. 

Conne^cticut: See B (c), Permanent State school funds. 

Florida: See A (c2), County officers. 

Illinois: All fines, forfeitures, and penalties imposed or incurred in any court 
of record or before any justice of the peace, except fines, forfeitures, and 
penalties imposed in incorporated towns or cities for violation of the ordi- 
nances thereof, shall be paid to the county superintendent for the benefit of 
the public schools. 

See also A (d), District boards and officers. 

Indiana: Surplus road funds of a township may by unanimous vote of the 
advisory board be transferred to the special school fund. 
See also A (d). District boards and officers. 

Kansas: County treasurer shall collect all moneys due the county for school 
purposes from fines, forfeitures, or proceeds of sale of estrays and all 
moneys paid for exemption from military duty, and when county superin- 
tendent shall have apportioned school funds to district, he shall pay the 
same to district treasurers; he shall also collect delinquent taxes in each 
district and pay to treasurer thereof; each justice of the peace shall twice a 
year report to county superintendent amount received by him from fines and 
estrays and shall pay amount of same to county treasurer. County treasurer 
shall receive no compensation for handling State or county school moneys. 
See also A (f), Administrative units — districts, etc. 

Kentucky: See A (f), Administrative units — districts, etc. 

Louisiana: School funds shall be placed in lawfully designated banks; such 
banks shall give ample security for and pay required interest on said funds; 
funds shall be deposited with responsible banks making highest bid of interest 
thereon, such interest to be not less than 3 per cent per annum ; such banks 
shall lend such sums to authorities so depositing funds as may be required up 
to amount desired and at same rate as the deposit carries. 

See also A (c2), County officers; B (a), General State finance and support. 

Maine: See C (c), Local taxation. 

Michigan: Surplus dog tax of any township or city amounting to $100 or 
more shall be apportioned for school purposes according to number of children 
of school age, but township board or common council of city may retain $300, 
in which case the remainder shall be so apportioned. 

See also A (b2), State officers; A (f), Administrative units — districts, etc. 

Minnesota: See A (d), District boards and officers. 

Mississippi: See A (c2), County officers; B (b), State school lands. 

Missouri : The several county courts shall collect, preserve, and securely invest 
the proceeds of all moneys, stocks, bonds, and other property belonging to the 
county school fund ; also the net proceeds from the sale of estrays ; also the 
clear proceeds of all penalties and forfeitures and of all fines collected for 
any breach of the penal or military laws, and all moneys paid by persons for 
exemption from military duty shall be invested and preserved in the counties 
as a county public-school fund, the income of which shall be appropriated for 
establishing and maintaining free public schools. No money belonging to the 
school fund shall be loaned to any county officer or his deputy, nor shall such 



320 STATE LAWS EELATING TO PUBLIC EDUCATION. 

oflBcer or deputy be accepted as security. Tlie county court shall have juris- 
diction of county school fund and shall be governed in its care and invest- 
ment by the same rules as govern its actions in township funds. The county 
treasurer shall have custody of county school fund. The proceeds of the 
sixteenth section of land and all the public-school moneys which shall be 
apportioned to any unorganized township arising from dividends, proceeds, 
and profits of the public-school fund shall constitute the township school 
fund ; the county court shall have the care and management of the township 
school fund. School funds shall be loaned at not less than 4 nor more than 
8 per cent interest. Loans shall be made only to residents of the county on 
unincumbered real estate of the value of twice the amount of the loan. The 
State superintendent shall annually apportion the State school funds to 
counties as follows : Fifty dollars for each teacher, principal, and supervisor 
actually employed during the entire term, but any teacher employed for less 
than one-half of the day or for less than one-half of the term shall not be 
counted; for any teacher employed for more than one-half and less than 
nine-tenths of the term $25 shall be apportioned ; any district having an aver- 
age attendance of less than 15 shall receive only $25 ; he shall apportion $100 
for each teacher receiving more than $1,000 salary ; where only two teachers, 
one white and one colored, are employed, he shall apportion $50 for each ; no 
teacher, principal, or supervisor who is not paid from the public-school funds 
of the district shall be counted. After such teacher apportionment is made 
the remainder of the fund available shall be apportioned on the basis of the 
total number of days attendance of all pupils of each district. County clerks 
shall annually distribute said State funds as apportioned by the State super- 
intendent, but no district, city, or town which has not reported teachers, at- 
tendance, etc., as required in this act shall receive any part of State funds. 
Township and county funds shall be apportioned to districts on the basis of 
the last enumeration on file in the county clerk's office. No district not 
levying 40 cents on $100 shall receive any part of the public-school moneys, 
unless a less amount, together with moneys received from the public funds, 
shall amount to $350. No district not maintaining school for eight months 
shall receive any portion of the public-school fund for the following year, 
unless a tax of 40 cents on $100, together with public funds, will not maintain 
the same. Errors in apportionment by State superintendent may be corrected 
by said superintendent in the succeeding year. Whenever any congressional 
township shall lie in two or more counties the township school fund of such 
township shall be divided among the aforesaid counties in proportion to the 
amount of territory in the fractional township included in each county. On 
receipt of the estimates of the various districts the county clerk shall proceed 
to assess in such districts the amount of tax" so estimated. District tax lim- 
its: For building purposes, town districts, 1 per cent of property valuation, 
and in other districts 65 cents on $100; for school purposes, town districts, 
1 per cent, and in other districts 65 cents on $100 ; for sinking fund, 40 cents 
on $100 and a sufficient amount to pay interest on bonds. County clerk shall 
annually report taxes assessed to State superintendent. The county treasurer 
shall be custodian of all district school moneys, except in counties having 
adopted township organization, in which counties the township trustee shall 
be the custodian of the township funds. 

Montana: See B (a), General State finance and support. 

Nebraska: It shall be the duty of treasurers to take up warrants, when other 
funds shall not be available for the same, with any sinking funds which they 
may have on hand, and shall hold such warrants for the sinking fund. 



C (a). LOCAL FINANCE AND SUPPORT, GENERAL. 321 

County board may purchase registered warrants out of sinking funds, but not 
more than 50 per cent of such sinking fund shall be invested in warrants at 
any one time, and when practicable, warrants shall be provided for out of 
sinking funds belonging to organization issuing such warrants. The council 
of any city may make similar provision for taking up warrants out of sink- 
ing funds in hands of city treasurer, but warrants so purchased shall be lim- 
ited to those of its own issue or to those of any school district situated 
mainly within such city. School board of any district may direct custodian 
of sinking funds to invest the same in warrants of said district. 

All warrants upon any treasurer shall be paid in the order of presenta- 
tion; evei-y treasurer in the State shall keep a warrant register, which shall 
show the facts concening each warrant handled ; account books and vouchers 
shall be open to inspection of any person in whose name any warrants are 
registered and unpaid ; any treasurer who shall, for a period of five days after 
moneys sufficient to pay registered warrant have been received, fail to mail 
notice to such person, shall forfeit 10 per cent on the amount of such war- 
rant and 10 per cent for every 30 days thereafter during which such failure 
shall continue; any treasurer who shall fail to register any warrant in order 
of presentation, or shall fail to pay the same in order of its registration, shall 
be liable in the sum of $500. 

Nevada: See S (b), Public-school libraries. 

New Jersey: If board of education of any school district shall use school 
money received by it, except that raised within the district, for any purpose 
other than for teachers' salaries, fuel bills, transportation of pupils, and 
tuition of pupils attending school in adjoining districts, county superintendent 
shall withhold from such district twice amount so used, but commissioner of 
education may remit such penalty. Counties shall appropriate the interest of 
the surplus revenue to support of the public schools. Whenever an execu- 
tion shall be issued against a board of education, and there is no school prop- 
erty to satisfy the judgment, a tax shall be levied on taxable property of the 
district to satisfy the same. School year shall begin on July 1 and end on 
June 30. No money shall be paid from State treasury for any purpose named 
in this act unless appropriated by the legislature. The commanding officer 
of any regiment having charge of an armory may, with approval of the 
military board, permit use of such armory by i^upils of schools for athletic 
purposes. In cities having a board of education whose members are ap- 
pointed by the mayor, said mayor may appoint members regardless of places 
of residence in such city. Provisions of civil service commission act shall 
apply to school districts when adopted by qualified voters of any such dis- 
trict. School board shall make rules relative to employment, discharge, 
management, and control of janitors. 

See also A (d), District boards and officers. 

New Mexico: County commissioners shall annually levy a general county 
school tax of 3 mills on the dollar upon taxable property of county, the 
proceeds of such levy to be placed to the credit of the general county-school 
fund. One-half of the forest-reserve fund of each county shall be placed to 
the credit of the general county-school fund. The sheriffs of the several 
counties shall be the collectors of all liquor and gaming licenses, and shall 
retain out of proceeds of the same 4 per cent as compensation for their 
services as collectors ; county treasurer shall distribute the proceeds of such 
licenses, two-thirds thereof to the credit of the school district wherein such 
license was paid and one-third thereof to the general county-school fund. 
See also A (b2). State officers; H (f), Compulsory attendance. 
3966°— 15 ^21 



322 STATE LAWS RELATING TO PUBLIC EDUCATION. 

New York: Real and personal estate may be granted, conveyed, devised, 
bequeathed, and given in trust and in perpetuity or otherwise to the school 
authorities of the State for use of the common schools; the legislature may 
control and regulate the execution of all such trusts; the proper authorities 
shall make reports relative to such trusts to commissioner of education. 
Every supervisor of a town shall report to the commissioner of education 
facts relative to gospel or school lots in such town; said supervisor shall 
apportion proceeds arising from sale of such lands among the school districts 
of the town; such apportionment shall be made under authorization of the 
town board if amount is $500 or less, by the voters at annual meeting if over 
$500 ; when such apportionment is authorized, said supervisor shall pay to the 
collector, or if district has a treasurer to the treasurer, of the several districts 
their pro rata share on basis of aggregate school attendance; a collector or 
treasurer receiving such funds shall give bond in the sum of twice amount 
of such fund; such funds shall be used as the annual or a special meeting 
shall direct. 

Whenever, by any statute, a fine is imjwsed for benefit of common schools, 
and not expressly for such schools of a town or district, the same shall be 
paid into county-school fund. Every district attorney shall report, annually, 
to board of supervisors fines imposed ; fines collected shall be paid into county 
treasury ; fines collected for schools of a city shall be paid into city treasury ; 
fines collected for any district which lies in two or more towns or conn 
shall be paid to the town or county containing the schoolhouse of such cii^- 
trict, or the schoolhouse longest owned or held by such district. It shall be a 
misdemeanor for any person Interested in the sale or manufacture of school 
books or supplies of any character whatever to falsely represent to an:v 
teacher or school officer that he has any official connection with the edv": 
tional system of the State. Whenever any school moneys shall be forfei 
by a town or district in consequence of neglect by any school officer, s 
officer shall forfeit to such town or district the full amount of such loss \^ 
interest thereon. Whenever any school officer shall fail to sue for any pen£ 
incurred for the benefit of public schools, if it be his duty so to do. he sb" 
forfeit amount of same to such schools. In any action against a scb 
official, no costs shall be allowed to plaintiff where it shall bfe shown that 
fendant acted in good faith; this provision shall not extend to suits 
penalties, nor to suits or proceedings to enforce decisions of commissioner 
education. Whenever school district officers are instructed by the district ' ■ 
bring or to defend an action involving such district, all costs and damac 
shall be a charge against the district ; if district shall dispute claims of offic 
as to costs and expenses in such suits, county judge shall adjust the mat 
Whenever school officials shall bring or defend an action in interest of 
school district, without previous instruction from the district, such dist] 
may vote to reimburse such officials for costs and expenses, and may lev; 
tax for same; this provision shall not extend to suits for penalties, nor ,o 
suits or proceedings to enforce decisions of commissioner of education; if 
district shall refuse to reimburse such officials, such officials may appeal to 
county court; a refusal of trustees to levy tax for payment of expenses ^^- 
curred in an action of interest to district shall be subject to an appeal to 
commissioner of education. 

See also A (d). District boards and officers; B (a). General State finance 
and support. 
North Carolina: County educational fund shall include moneys, stocks, and 
bonds belonging to school fund; proceeds of sales of estrays; fines, penalties, 



C (a). LOCAL FINANCE AND SUPPOET, GENERAL. 323 

and forfeitures ; liquor license taxes and auctioneers' license taxes ; the pro- 
ceeds of at least three-fourths of the general poll tax, the maximum of which 
is $2 on all males between 21 and 50 years old ; the proceeds of a 20-cent tax 
on each $100 valuation of real and personal property. County board of edu- 
cation shall annually ascertain amount of money needed to maintain schools 
for four months and, after deducting sums available from other sources, shall 
report to county commissioners amount necessary to be raised by special 
school tax in order to maintain schools four months ; said board shall include 
an itemized statement showing amounts needed for supervision, administra- 
tion, buildings and repairs, salaries of teachers, and other lawful expenses, 
and shall also show number of teachers employed and salary paid each; 
county commissioners shall levy tax sufficient to supply deficiency, but no 
county shall be compelled to levy exceeding 15 cents on $100 and a poll tax 
of 45 cents for said purpose; no county shall receive any portion of State 
equalizing school fund until it shall have levied the special tax herein re- 
quired to maintain schools four months. On petition of one-fourth of the 
freeholders of any township, approved by county board of education, county 
commissioners shall hold an election in such township on question of levying 
a tax of not less than 10 nor more than 30 cents on $100 of property and a 
poll tax of not less than 30 nor more than 90 cents for purpose of establishing 
and maintaining a high school ; if majority of votes favor^ such school shall 
be under control of three trustees appointed by county board of education; 
where other funds are sufficient high school may be established without levy- 
ing special tax ; high-school subjects may be taught in any school having more 
than one teacher, subject to approval of State superintendent. In every in- 
corporated city or town not now levying a special school tax, on petition of 
one-fourth of freeholders, board of aldermen, or town commissioners, shall 
at regular municipal election submit to voters question of levying a special 
school tax of not exceeding 30 cents on $100 and 90 cents on each poll; 
majority shall determine ; funds so raised shall be placed to credit of town- 
school committee of not less than five nor more than seven members appointed 
by board of aldermen, and there shall be but one school district in said city 
or town. On petition of one-fourth of the freeholders within a proposed 
special school district, indorsed by county board of education, county commis- 
sioners shall hold an election in such territory to determine question of 
establishing special school district and levying tax of not exceeding 30 cents 
on $100 and poll tax of not exceeding 90 cents ; such tax, when voted and col- 
lected, shall be placed to credit of school committee appointed by county board • 
of education ; on request of majority of committee or trustees, county board 
may enlarge boundaries of special tax district; on petition of two-thirds of 
qualified voters county commissioners shall hold election in said district to 
determine question of revoking such tax and majority of voters voting shall 
decide, but no such election shall be held within two years of election at which 
such tax was voted or at which previous proposal to revoke was rejected. 
County board of education shall apportion school fund to districts so as to 
give each school of same race the same length of term ; a sufficient sum shall 
be reserved to pay county superintendent and contingent expenses of county 
board ; a further sum of from 7i to 20 per cent, according to amount of school 
funds of county, the larger the funds the smaller being the percentage, may 
be reserved for school building, repairs, and equipment; after providing a 
• six months' term, county board may pay not exceeding one-half of salary of 
county health officer for securing medical inspection of schools. 

Ohio: See B (a). General State finance and support. 



324 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Oklahoma: All public funds of any county or subdivision thereof shall be 
disbursed only in ijayment of legal warrants, bonds, and interest coupons. 
School-district officers shall keep a record of such warrants, bonds, and in- 
terest coupons. Each warrant or certificate of indebtedness must be drawn 
against a specific fund; warrants, when issued, shall be sent to county 
treasurer for registration. Treasurer shall register warrants and return 
them to clerk of district; warrants shall bear legal rate of interest from 
time of registration if there are no funds to credit of specific fund against 
which warrant is drawn. No officer shall issue, approve, sign, attest, or 
register any warrant in excess of estimate; any treasurer who shall register 
or pay such excess warrant shall be guilty of a misdemeanor ; school officers 
shall be liable for any excess warrants and shall be guilty of a misdemeanor 
if in any way responsible for such warrants. 

Pennsylvania: There shall be but one levy of school taxes in each district in 
one year, and the same shall be uniform throughout the territorial limit 
of each district; any district may maintain before the proper official an 
action in assumpsit for the collection of unpaid taxes, and to any judg- 
ment obtained for such taxes there shall be added a penalty of 10 per 
cent, together with costs of suit, and upon which judgment execution may be 
issued without any stay, and no defendant shall have the right to any exemp- 
tion. Directors may create indebtedness and issue bonds for school purposes 
not to exceed 7 per cent of assessed value of taxable property for school 
purposes within their respective districts; no bonds shall be issued for a 
period longer than 30 years. Any district having no indebtedness, or whose 
indebtedness is less than 2 per cent of taxable property for school purposes 
therein, may, in addition to any bonded indebtedness, incur a temporary debt ; 
such debt in districts of first and second classes shall not exceed two-tenths 
of 1 per cent and in districts of third and fourth class one-half of 1 per cent 
of total amount of taxable property. Temporary obligations shall be sold at 
par and bear interest within the legal rate ; shall receive affirmative vote of 
at least two-thirds of members of board; and shall not be extended or re- 
newed. The total indebtedness of any district shall not exceed 2 per cent of 
total valuation of taxable property at any time. Directors may designate 
certain banks as depositories for school funds, requiring bond of same; de- 
positories shall make monthly reports to school treasurer, boards of school 
directors, and to school controller, if any. No school order shall be authorized 
unless sufficient funds to cover the same are in the treasury ; no order shall 
bear interest, or be made payable at any time in the future ; a separate order 
shall be drawn for each account, except in the case of salaries of employees, 
which may be drawn as one order. In case any judgment against a school 
district is not paid plaintiff may petition court of common pleas, which then 
shall issue a mandamus writ against directors and treasurer commanding 
payment out of unappropriated funds; obedience to such writ may be 
enforced by attachment. Any district may establish a sinking fund for 
liquidating indebtedness; sinking fund shall be under the control of a com- 
mittee composed of the president, treasurer, and one additional member of 
board of school directors; sinking fund shall be placed in the depository 
offering best rate of interest, security, and safety, or may be invested in cer- 
tain authorized bonds. The total annual school-tax levy in any district of the 
first class shall not be less than 5 nor more than 6 mills on the dollar for all 
taxable property therein ; school-tax receiver shall furnish bond, shall receive 
compensation as determined by school board, and shall make monthly and 
annual reports to the board. Unpaid school taxes shall be liens on property. 



C (b). LOCAL BONDS AND INDEBTEDNESS. 325 

Annual estimate of expenses shall be made by board. Each school order 
shall state on Its face the particular item of the annual school estimate 
upon which the same is drawn; annual estimate shall be certified to school 
controller; total indebtedness of district of first class shall not exceed 2 per 
cent of value of total taxable property. In districts of second class, school 
taxes shall not exceed 20 mills on the dollar, and in districts of third and 
fourth classes 25 mills, but such districts shall also collect occupation tax 
from every male over 21 years old ; such occupation tax shall be at least $1, 
and may be collected by legal process from employer of such person out of 
wages due. 

See A (f), Administrative units — districts, etc.; L (m). Sectarian instruc- 
tion, Bible in schools. 

Texas: Commissioner's court shall provide for protection, preservation, and 
disposition of lands granted by State to county for school purposes; proceeds 
of sales of county school lands shall be invested in State or United States 
bonds, or in bonds of independent or common-school districts, and shall be 
held as a trust for free schools, and only interest thereon shall be expended 
annually; proceeds of leasing and renting school lands shall be applied by 
commissioners' court only to educational purposes. 

Washington: See A (c2). County officers; B (a). General State finance and 
support. 

West Virginia: See A (c2), County officers, 

Wyoming: Fines, penalties, and forfeitures collected under school laws in 
counties or districts shall accrue to public schools of such counties or 
districts. 

See also B (a), General State finance and support. 



C (b) . Local (County, District, Municipal) Bonds and Indebtedness. 

See also Appendix A: State constitutional provisions relating to public 

education; C (c). Local taxation; D, Buildings and sites. 

Alabama: See A (f), Administrative units — districts, etc. 

Arizona: Any county, school district, city, town, or other municipal corpora- 
tion may increase its bonded or other Indebtedness beyond 4 per cent of 
its property valuation by a majority vote of the property taxpayers who are 
qualified electors; election may be called by governing body of such cor- 
poration and must be called on petition of 15 per cent of the property tax- 
payers who are qualified electors residing therein ; tax shall be levied to pay 
interest and provide for the payment of the principal of such indebtedness; 
no such indebtedness shall bear a rate of interest in excess of 6 per cent. 
Indebtedness not in excess of 4 per cent of property valuation may be 
incurred without the election herein provided for. 

See also A (d). District boards and officers; N (a). High schools. 

Arkansas: See A (e), School meetings, elections, etc.; A (f), Administrative 
units — districts, etc. 

California: School boards may, and on petition of a majority of the heads of 
families must, call an election to determine question of bond issue for site, 
building, etc. ; school board shall canvass returns, and two-thirds majority 
shall determine issue; if bonds are voted, county supervisors shall issue them, 
but total amount shall not exceed 5 per cent of the taxable property of the 



326 STATE LAWS RELATING TO PUBLIC EDUCATION. 

district; interest shall not exceed 6 per cent; and bonds shall not be sold 
below par; proceeds of sale shall be paid into county treasury for use of 
district; county supervisors shall annually levy a tax in such district suffi- 
cient to pay interest and a proportion of the principal equal to the result 
obtained by dividing the principal by the number of years the bonds are to 
run, which shall not exceed 40 years; if county supervisors fail to levy tax 
required, State board of equalization shall do so ; when districts are merged 
new district shall be liable for bonded indebtedness of districts so united; 
when district is annexed to another it shall be liable to taxation for bonded 
indebtedness of district to which it is annexed; when a new district is 
formed from other district or districts it shall be liable for such proportion 
of the bonded indebtedness of the old districts as is represented by the school 
property existing within its borders at the time of the separation; when 
bonds remain unsold for six months county supervisors may, on petition of 
district school board, cancel such bonds. Schoolhouses two stories high 
or higher shall be provided with fire escapes. Bonds of joint districts may 
be issued similarly to those of other districts, except that concurrent action 
of county supervisors of the two or more counties in which the district is 
located shall be required. Bonds may be either coupon or registered, or 
both; coupon bonds may by owner be taken to county treasurer and regis- 
tered. 

School board in any city of fifth class may in its discretion, and must when 
requested by board of trustees of such city, call an election on the issuance 
of school bonds; notice shall be posted in three public places and published 
three weeks in a newspaper; election shall be held as nearly as practicable 
in conformity with general election law; if election carries, school board 
shall so certify to county supervisors, who shall issue bonds ; total amount of 
bonds shall not exceed 5 per cent of property valuation of district; bonds 
shall not run longer than 40 years nor bear more than 8 per cent interest. 

See also A (f). Administrative units — districts, etc.; N (a), High schools; 
S (b). School libraries. 

Colorado: Board of directors of any school district may submit at any regular 
or special election to qualified electors who are school taxpayers the question 
of contracting bonded indebtedness to acquire schoolhouses and grounds; 
amount of bonded indebtedness shall not exceed 5 per cent of property valua- 
tion in districts of the first and second classes and 3i per cent in districts of 
the third class ; majority vote shall determine ; interest shall not exceed 8 per 
cent in districts of the third class nor 6 per cent in districts of the first and 
second classes ; bonds may be redeemed at any time between 10 and 20 years 
after date of issue, and must be paid within 40 years ; county commissioners 
shall levy a tax in said district to pay interest and to provide for the pay- 
ment of the principal. District directors may, if directed by the qualified 
voters of the district, issue bonds for refunding outstanding bonded indebted- 
ness. No change in district boundaries shall release the taxable real estate 
of the district from assessment. 

See also A (f), Administrative units — districts, etc.; C (c), Local taxation; 
N (a), High schools. 

Connecticut: See A (f), Administrative units — districts, etc. 

Delaware: On petition of 10 taxpayers of a district, school board, or school 
committee shall call an election to determine question of contracting indebted- 
ness for providing a schoolhouse or making additions or repairs thereto ; ma- 
jority of votes of qualified voters shall determine ; if vote carries, school board 
or school committee shall issue the bonds of the district, but the amount of 



C (b). LOCAL BOKDS AKD mDEBTEDNESS. 82? 

the same shall not exceed the amount named in the petition. An additional 
tax shall be levied to pay interest and create a sinking fund. 
See also S (b), Public-school libraries. 

Florida: The board of county commissioners upon the request of the county 
board of education, after an affirmative vote of the qualified tax-paying 
voters, may contract debts to provide school sites and buildings and may 
pay such debts out of current funds or funds of succeeding years; they 
may borrow money to discharge any debt incurred by the purchase of real 
estate. When there is no money in the treasury to pay outstanding warrants, 
county board of education may borrow money at not exceeding 8 per cent 
interest to pay the same. 

A special tax school district may issue bonds for providing school buildings 
and grounds ; on petition of 25 per cent of resident qualified voters of such 
district, county board of education shall determine what amount of bonds is 
required, rate of interest to be paid thereon, and time when principal and 
interest shall become due ; said board shall also order an election in such dis- 
trict; if a majority of the duly qualified electors of such district who are 
freeholders vote " for bonds,'' said county board shall issue the same ; bonds 
shall be sold to highest bidder; the proceeds thereof shall be expended by 
said county board for the purpose for which the district voted bonds. If 
bonds are for building, county board shall, on recommendation of the trustees 
of the district, prepare plans for building and award contract for constructing 
the same. County commissioners shall levy a tax (not to exceed 5 mills) in 
such district to pay interest and create a sinking fund. 
See also A (f), Administrative units — districts, etc. 

Georgia: On petition of one-fourth of the registered voters of any district 
levying a local tax for school purposes, the district trustees shall call an 
election to determine question of issuing bonds for providing schoolhouse 
and equipment ; trustees shall fix amount of bonds, rate of interest and time 
when due ; elections shall be held as provided by law for county elections on 
bond issues. 

County board of education of any county may borrow money to pay 
teachers' salaries for current year, but not more than that to which county 
shall be entitled from public school fund shall be borrowed. 

Idaho: School trustees may submit to vote of distiict the question of issuing 
coupon bonds for not to exceed 4 per cent of property valuation and not to 
bear exceeding 6 per cent interest to build schoolhouses, etc., or to refund 
outstanding bonds; if two-thirds of voters favor issue, school trustees shall 
issue bonds and county treasurer shall register them ; notice of proposed sale 
of bonds shall be published four consecutive weeks in a newspaper; bonds 
shall not be sold for less than par value. Trustees shall annually levy a tax 
sufficient to pay interest and create a sinking fund; sinking fund may be 
loaned at 7 per cent. When sum in sinking fund equals or exceeds any bond 
then due, county treasurer shall give notice of proposed payment and interest 
shall cease after 30 days, but treasurer shall thereafter be ready to redeem 
the bond. County treasurer shall pay interest out of any moneys belonging to 
district. 

See also A (f ), Administrative units — districts, etc. ; N (a). High schools. 

Illinois: Any school district existing under any special charter and including 
an incorporated city, town, or village may, when authorized by a majority of 
the votes cast at an election for that purpose, issue bonds for the purpose of 
building or repairing schoolhouses or buying or improving school sites; said 



328 STATE LAWS EELATING TO PUBLIC EDUCATION. 

bonds shall run for not exceeding 20 years, shall bear not exceeding 5 per 
cent interest and in amount, together with outstanding indebtedness, shall 
not exceed 5 per cent of the property valuation of the district. 

For building or repairing schoolhousesor purchasing or improving school 
sites the directors of any school district may, when authorized by a majority 
of the votes cast at an election, borrow money and issue bonds to bear interest 
at not exceeding 7 per cent. Outstanding indebtedness may be refunded by 
the issuance of new bonds or evidences of indebtedness. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc. 

Indiana: Any city or incorporated town may, on recommendation of the school 
trustees and on the passage of an ordinance authorizing the same by the 
common council of said city or board of trustees of said town, issue bonds not 
to exceed $50,000 in amount and not to run longer than 20 years to pay for 
grounds and buildings for school purposes ; proceeds of bonds shall be turned 
over to school trustees, who shall give bond for the same. Tax-levying au- 
thorities shall levy a special tax to pay principal and interest on said bonds. 
School trustees must have the approval of the common council of the city or 
board of trustees of the town before they may contract for buildings or grounds. 
Surplus special school revenue (local fund) not necessary for meeting current 
expenses shall be applied to the payment of the principal or interest of the in- 
debtedness provided for herein. Bonds may be issued to refund indebtedness 
incurred prior to the passage of this act, and trustees may levy a tax to pay 
interest and create a sinking fund. In all cities except those of the first and 
second classes and in incorporated towns, school trustees may issue bonds, 
not to bear exceeding 5 per cent interest, not to run longer than 10 years, and, 
including existing indebtedness, not to exceed in amount 2 per cent of property 
valuation, and may levy a tax to pay the same ; after such bonds are issued, 
additional bonds to the amount of 2 per cent of property valuation may be 
issued. The school trustees of any city of the second class may issue bonds 
for sites, buildings, and equipment ; such bonds shall not bear exceeding 4 per 
cent interest and, including outstanding indebtedness, shall not exceed in 
amount 2 per cent of property valuation; bonds shall not run exceeding 20 
years ; tax of not exceeding 18 cents on $100 may be levied to pay bonds. In 
any incorporated town or city having between 1,000 and 5,000 inhabitants, on 
recommendation of school trustees and on approval of trustees of incorporated 
town or council of city, bonds to the amount of $40,000 may be issued ; interest, 
not more than 5 per cent ; term, 10 to 24 years ; tax of not to exceed 50 cents on 
$100 shall be levied to pay bonds. An incorjK) rated, town having not more 
than 2,000 inhabitants may issue bonds in amount not exceeding $6,000, not to 
bear exceeding 6 per cent interest and not to run longer than 15 years; a 
special tax shall be levied to pay such bonds. Incorporated towns having not 
exceeding 1,000 inhabitants may issue bonds for $2,500 to bear interest at 
not exceeding 5 per cent and to run not exceeding 20 years; a tax of not 
exceeding 2 per cent of property valuation may be levied to pay bonds. Any 
township having outstanding indebtedness may issue bonds to pay the same, 
amount not to exceed indebtedness ; term, not to exceed 15 years ; interest not 
to exceed 6 per cent. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; D (a). Buildings and sites, general; H (e), Consolidation of 
districts, etc.; S (b), Public-school libraries. 

Iowa: The board of directors of any school corporation may without vote of 
the people issue bonds to pay any judgment against said corporation or to 



C (b). LOCAL BONDS AND INDEBTEDNESS. 329 

pay bonds previously issued according to law. When authorized by vote of 
the qualified electors, board of directors of any school corporation may issue 
" school building bonds " to provide sites and buildings and furniture equip- 
ment, and repairs therefor. Bonds shall run not exceeding 10 years, except 
that in independent districts having outstanding indebtedness of not less 
than $400,000, bonds in excess of said amount may run for not exceeding 20 
years; they shall bear not exceeding 5 per cent interest. School boards may 
issue refunding bonds in exchange for outstanding bonds " par for par." The 
board of each school corporation shall annually fix the amount of the tax 
necessary to pay interest and principal becoming due. Any independent dis- 
trict containing, or contained in, any city, town or village, or any consolidated 
independent district may become indebted for buildings, furnishings, and sites 
or additions to sites in an amount, including all other indebtedness, not to 
exceed 5 per cent of the taxable property of such corporation, but indebted- 
ness in excess of li per cent of property valuation can not be incurred except 
when voted at an election called by the board after petition "by at least 25 
per cent of those voting at last school election. 

See also A (f), Administrative units— districts, etc. 
Kansas: On petition of not less than one-third of the qualified voters of any 
school district having not fewer than 15 persons between 5 and 21 years old, 
school board shall order an election to determine question of issuing bonds for 
erecting or purchasing schoolhouses ; amount of bonds shall not exceed li per 
cent of property valuation, but on petition of local school board, accompanied 
by indorsement of not less than one-half of the qualified voters of the 
district, State board of school-fund commissioners may allow an additional 
issue of 50 per cent of the amount of bonds that may be voted. Majority 
of qualified voters shall determine; principal shall be paid within 15 years; 
interest shall not exceed 6 per cent; bonds shall not be sold at less than 95 
per cent of par value. County commissioners shall levy tax in district to pay 
interest and create a sinking fund. All school bonds must first be offered to 
school-fund commissioners, who may purchase same at not more than par. 

Every county, city of the first, second, or third class, township, and school 
district may issue bonds to refund bonded indebtedness, including coupons and 
judgments. Such bonds shall be sold at not less than par, shall run not ex- 
ceeding 30 years, shall not exceed amount of outstanding indebtedness, and 
shall not bear exceeding 6 per cent interest. Outstanding warrants of district 
issued prior to passage of this act (1913) may be refunded by issuance of 
bonds, but in amount not to exceed 5 per cent of property valuation of such 
district. When refund is made at a rate not to exceed 65 per cent upon 
amount of indebtedness and bonds are issued therefor under this act authori- 
ties shall never increase indebtedness beyond amount of refundnig bonds until 
the same are paid. Proper oflScers shall levey tax to pay interest and create 
a sinking fund. 

See also A (c2), County officers; A (f). Administrative units — districts, 
etc.; B (c), Permanent State school funds; N (a). High schools. 
Kentucky: Upon application of 250 householders, county judge shall appoint 
a building school commission of four members, for four years or less; dis- 
trict of this commission shall be whole county or such parts as lie outside 
of incorporated towns with school taxation. Commission shall be a body 
politic; shall submit its plans to county board of education; acquire prop- 
erty, construct and furnish public schoolhouses; contracts shall be let to 
lowest responsible bidder. To secure money for this work the fiscal court 
of the county may submit to voters the question whether bonds of the dis- 



330 STATE LAWS RELATING TO PUBLIC EDUCATION. 

trict shall be Issued; two-thirds vote required; no bouds shall be sold at 
less than par and any premius shall go into the sinking fund; all disburse- 
ments of commission shall be fi'om proceeds of bonds; fiscal court shall 
levy tax enough to pay interest and provide sinking fund; title of property 
shall be vested in county board of education. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Louisiana: See A (cl), County boards; B (a), General State finance and 
support. 

Michigan: Any school district may by a majority vote of the qualified electors 
voting at a legal meeting, borrow money and issue bonds therefor to pay 
for a schoolhouse site or sites and erect and furnish a building; amount of 
bonds shall not exceed 10 per cent of assessed valuation of district, and 
bonds shall not run longer than 15 years; when bonds are voted, district 
board shall issue the same in sums not less than $50 and to bear interest 
at not exceeding 7 per cent. District may vote a tax to pay interest and 
principal. When the same can be done advantageously any district may 
borrow money and issue bonds to pay off bonded indebtedness. 

See also A (f). Administrative units — districts, etc. ; C (c), Local taxation; 
N (a). High schools; O (b), Agricultural schools. 

Minnesota: The trustees of any district whatsoever may issue orders or bonds 
in such amounts and at such times as they may be directed by a vote of 
the majority of legal voters present and voting at an annual meeting, or at a 
special meeting called for the purjwse; said orders or bonds shall not run 
over 15 years, nor bear a rate higher than 7 per cent. The proceeds of 
bonds shall be used for purchasing school sites and repairing, building, 
and equipping schoolhouses. Districts may borrow money from the State, 
issuing bonds therefor. School treasurers may invest sinking funds in 
certain bonds, except bonds for railroad construction, but at rate not less 
than 3i per cent, and only when authorized by trustees of districts; when 
so authorized, said treasurer shall not be liable for any loss by reason of 
issuance of such bonds. 

See also P (c). State universities and colleges. 

Mississippi: Ck)unty board of supervisors are authorized "to issue bonds of 
the county, a supervisor's district, or a school district containing not less 
than 16 square miles, excluding in each case the territory embraced within 
separate school districts," for erecting, repairing, and equipping school 
buildings ; when majority of resident taxpayers shall petition, bonds shall be 
issued not to exceed 5 per cent of assessed -taxable property of county or 
district; bonds shall be issued as is done by municipalities. Board of 
supervisors shall levy tax to meet interest and provide sinking fund; board 
may also levy tax to provide fuel and incidental expenses. On petition of 
majority of electors of a rural separate, consolidated, or other school dis- 
trict having territory lying in two or more counties, board of supervisors 
of the several counties may issue bonds for erection, repair, and equipment 
of school buildings; county superintendent and trustees of each district 
shall certify to board of supervisors " the proiwrtionate amount of the bond 
issue to be borne by each county based on the proportionate amount of 
property in each county lying within the said school districts;" board of 
supervisors shall then proceed to issue bonds on that part of the territory 
lying in its county ; majority of " qualified electors of the entire school dis- 
trict regardless of county lines " required. 



C (b). LOCAL BONDS AND INDEBTEDNESS. 331 

County agricultural high schools. — County school board in each county 
empowered to establish two agricultural high schools, one for whites, one 
for colored; instruction shall be in high-school branches, theoretical and 
practical agriculture, domestic science, etc.; board of supervisors shall levy 
tax on property for support of said school; in case there are two such 
schools in the county, board shall levy separate tax for support of each; 
taxes shall be used only for support of school for which levied; it shall not 
exceed 2 mills for each school established; 20 electors may petition that tax 
for either or both schools be not levied; question shall then be submitted 
to voters; they may vote against tax for either or both schools. When the 
majority of votes be for the tax levied in support of either or both schools, 
or if school be established and tax levied without an election, then another 
election shall not be held for the purpose of voting against the tax levied 
within four years. Control of county agricultural high school shall be 
vested in five trustees ; two shall be elected by board of supervisors, two by 
county school board, and county superintendent shall be the fifth; trustees 
shall control property, elect teachers, fix salaries in the agricultural depart- 
ment, " and have full power to do all things necessary to the successful opera- 
tion of said school." When common school is taught with agricultural high 
school, teachers in that department shall be elected by common-school 
trustees. Two adjacent counties may unite to establish one school or two 
schools, one for each race; such school shall have 11 trustees, 5 from each 
county and 1 chosen by these 10; in levying taxes each county shall act 
independently; if one refuse to levy tax, the county levying tax may pro- 
ceed independently. When State superintendent receives report of organiza- 
tion of county agricultural high school he shall visit and report on the same, 
and if it appears to the interest of the State, State board of education shall 
grant its trustees not more than $1,500; in case of joint school, not more 
than $3,000: Provided, That if the boarding students shall exceed 30 the 
school shall receive $2,000, and if 40, $2,500; appropriation shall be made 
annually; trustees shall report annually and shall be judges of eligibility of 
all applicants for admission; county school board, in locating schools under 
this act, shall locate first school in county at point where school was located 
under act of 1908; all funds derived from taxes under act of 1908 shall be 
expended as if collected under act of 1910. Board of supervisors of any 
county which has determined to accept terms of the law relative to agri- 
cultural high schools may issue bonds to aid in building and equipping the 
schools to an amount which, when added to all the bonded indebtedness of the 
county, shall not exceed 10 per cent on assessed value ; bonds to run 25 years 
and pay 6 per cent ; board shall levy annually special tax to pay interest and 
provide sinking fund; on petition of 10 per cent property holders, question 
of bond issue must be submitted to electors; majority vote required. Act 
of 1914 requires that teachers in these schools " pass an examination in the 
free-school studies, and in addition thereto an examination on the subjects 
they are required to teach in said schools." 

Any municipality constituting a separate school district whether composed 
alone of the corporate limits of the municipality or with added territory is 
authorized to issue, for erecting, repairing, and maintaining school buildings 
and schools, bonds "of such separate school district in the manner provided 
by the chapter on municipalities"; such municipality is authorized to levy 
an annual tax on all taxable property in the district for the necessary ex- 
penses of the schools, to run the schools after the expiration of the four 
months provided by the State or to supplement the State funds; a tax in 
excess of 3 mills shall not be levied without consent of taxpayers. 



332 STATE LAWS RELATING TO PUBLIC EDUCATION. 

See also A (f), Administrative units— districts, etc.; F (b), Teachers' sala- 
ries; H (e), Consolidation of districts, etc.; N (a), High schools. 
Missouri: At an annual meeting or meeting held for that purpose any district 
may vote to issue bonds for acquiring sites and erecting schoolhouses and 
library buildings and furnishing the same; two-thirds of votes cast shall be 
necessary to authorize issuance ; the net proceeds of bonds shall be at least 
90 per cent of the face value. Bonds shall not run longer than 20 years and, 
including outstanding indebtedness, shall not exceed 5 per cent of the property 
valuation of the district. Tax shall be levied to pay interest and create a 
sinking fund. Bonds to pay off outstanding bonds may be issued to run not 
less than 5 nor more than 30 years and to bear interest at not exceeding 8 
per cent ; renewal bonds issued to redeem outstanding bonds shall not be sold 
for less than 90 per cent of their face value. School boards may make an 
estimate for the levy of a tax of not exceeding two-fifths of 1 per cent of the 
taxable property of the district to create a sinking fund ; a tax may be levied 
to pay interest and for the printing or engraving of bonds. 

School authorities may issue bonds to fund existing bonded indebtedness, 
but such bonds must not be sold below par, must not bear interest in excess 
of interest on old indebtedness, and must mature within 5 to 30 years; such 
bonds may be issued without vote of the people when a lower rate of interest 
may be secured. 

See also H (e), Consolidation of districts, etc. 
Montana : When a majority so decides, trustees shall submit to voters question 
of issuing bonds for buildings and sites or for refunding indebtedness; 
amount not to exceed 3 per cent of property valuation at interest not to 
exceed 6 per cent; majority vote of people shall determine. Trustees shall 
give notice of bonds for sale. County commissioners shall levy a tax in the 
district of sufficient amount to pay the interest and provide a sinking fund. 

See also A (f), Administrative units — districts, etc.; N (a). High schools. 

Nebraska: The district officers of any school district may issue bonds for pur- 
chasing school sites, erecting and furnishing school buildings upon the vote 
of two-thirds of the electors present and voting at a meeting called for 
the purpose ; no vote shall be ordered upon the issuance of such bonds unless 
a petition signed by one-third of the voters of such district shall have been 
submitted to the board thereof, but the board of education of a city may 
call such an election without a petition therefor. No bonds shall be issued 
in the aggregate amount to exceed 5 per cent (excepting in districts having 
over 100 school children) of the assessment of the taxable property of the 
district, nor shall any district issue bonds unless at least 12 school children 
reside therein. Amount of bonds shall not exceed $500 in those districts 
having less than 25 and not less than 12 school children; in districts of 
from 25 to 50 school children, not more than $2,000; in districts of from 
50 to 100 school children,' not more than $5,000; in districts of 100 or 
more school children such amount as may be agreed upon, not to exceed 
12 per cent of assessed valuation of property. A complete statement of 
all facts connected with the proceedings relative to the issuance of bonds 
shall be made to the auditor of public accounts by the proper district officials 
before such bonds shall be issued ; upon the approval of such bonds by auditor 
of public accounts and secretary of state, the same may be issued. Bonds 
may be issued for the redemption of other bonds, but no bonds shall be 
redeemed or purchased for more than the face value thereof. 

All warrants or orders issued by the proper authorities of any school dis- 
trict, except school districts in metropolitan cities and cities of the first 



C (b). LOCAL BONDS AND INDEBTEDNESS. 333 

class, shall draw interest from aud after date of presentation for payment, at 
the rate of 7 per cent per annum ; warrants or orders issued within a met- 
ropolitan city or a city of the first class shall draw interest at rate of 5 per 
cent per annum ; no bonds of any kind shall draw interest at a rate exceed- 
ing 6 per cent per annum. 

Whenever the board in control of any school district shall be petitioned by 
one-third of the resident freeholders of any such district to compromise the 
ohligations of such district, the board shall enter into negotiations with the 
owners of such obligations for the purpose of scaling, discounting, or com- 
promising the same. The school board shall, upon two-thirds vote of the free- 
holders of a district, issue bonds to satisfy such indebtedness; such bonds 
shall mature in no later than 20 years, and before 20 years, at option of board, 
and shall bear interest not to exceed 6 per cent per annum; tax shall be 
levied to pay interest and principal of said bonds. 

See also A (f), Administrative units— districts, etc.; O (a), Local finance 
and support, general; N (a), High schools. 

Nevada: School districts may issue negotiable coupon bonds for purchasing 
sites, erecting, equipping, and maintaining school buildings, or for refunding 
bonds ; such action shall be taken on vote of electors of district ; bonds shall 
run no longer than 20 years, at interest not exceeding 6 per cent ; bonds shall 
be registered. A district may levy taxes to pay interest on said bonds, and 
to create a sinking fund for redemption of the same. Any part of a bonded 
district taken away from such district by change of boundary lines shall 
continue to bear its proportionate part of such bonded indebtedness, and any 
territory added to a bonded district shall share in the taxes for such bonded 
indebtedness. Bonds may be issued by any school district for maintaining 
instruction in industrial training, manual training, domestic science, and agri- 
culture. 

County commissioners shall, when funds for county high school buildings 
and dormitories shall be needed, submit to electors at the next general elec- 
tion, or at a special election, the question of bonding the county ; such bonds 
shall run no longer than 20 years, nor at a higher annual rate of interest than 
6 per cent; such bonds shall be registered; county commissioners shall an- 
nually levy a tax to pay interest on such bonds and to create a sinking fund 
for redemption of bonds. The maximum bonding limit for county high school 
purposes of counties having total assessed valuation of $2,500,000 or less 
shall be 2^ per cent of such valuation; for counties having assessed valua- 
tion of from $2,500,00 to $5,000,000, 2 per cent ; for counties between $5,000.- 
000 and $10,000,000, 1^ per cent; for counties having assessed valuation of 
$10,000,00 or over, 1 per cent. Any part of bonded county taken away 
from such county by the change of boundary lines shall continue to be sub- 
ject to taxes for such bonds, and any territory added to a bonded county 
shall be subject to such taxes. 

New Hampshire : School districts may borrow money for building or repairing 
schoolhouses and for procuring and grading lots for the same upon the 
promissory notes or bonds of the district. Such notes shall be signed by 
district treasurer and school board. All bonds shall be issued in accordance 
with " municipal bond» act " of the State. Any city, town, precinct, school, 
or village district may exempt from taxation any issue of its bonds when 
held by citizens thereof. Any school district may, at any legal meeting by a 
majority of the legal voters present and voting, authorize its board to borrow 
money of individuals living in the town in which district is located at an 
interest rate not to exceed 5 per cent per annum and exempt such loans from 



334 STATE LAWS RELATING TO PUBLIC EDUCATION. 



taxation. Such money shall be used for buildings, sites, equipment, and 
supplies. 

New Jersey: See A (f), Administrative units — districts, etc.; B (a), General 
State finance and support; F (c), Teachers' pensions; H (e). Consolidation 
of districts, etc. ; O ( a ) , Industrial education, general. 

New Mexico : No school district shall borrow money except for school buildings 
and grounds and only when approved by majority voting at election. The 
county superintendent for each county may, upon a petition signed by 20 
residents of any district being each the head of a family and having children 
of school age in the family, order the school directors of such district to sub- 
mit the question of issuing bonds of such district for the purpose of building 
a schoolhouse. In case such question shall fail to carry the county superin- 
tendent may set aside not less than one-fifth of school fund of said district 
yearly until a sum sufficient to build the required schoolhouse shall have been 
accumulated. Directors may issue bonds for erecting and completing school- 
houses, said bonds to run not less than 20 nor more than 30 years and at a 
rate of interest not to exceed 6 per cent per annum. Indebtedness of dis- 
trict shall not exceed 6 per cent of its assessed taxable property. Upon due 
notice the question of issuing bonds may be voted upon. A majority vote of 
electors shall be necessary for the same to carry. Bonds shall be issued in 
denominations of not less than $25 nor more than $500 and redeemable at 
option of district at any time after 10 years from date of issue. No such 
bonds shaU be sold for less than 90 cents on the dollar. 

No board of trustees shall contract any debt during any current year which 
can not be paid out of the receipts for such current year. In case such re- 
ceipts shall be insufficient to meet the current expenses of the district such 
obligations shall be settled by a proportionate part payment. It shall be un- 
lawful for town or city officials to buy, sell, or speculate in town or city evi- 
dences of indebtedness, unless the same is for salary of or supplies furnished 
by such town or city official. 

See also A (d). District boards and officers; A (f). Administrative units — 
Districts, etc.; D (a), Buildings and sites, general; N (a), High schools. 

New York: When authorized by a vote of the electors, trustees or boards of 
education shall issue bonds for school purposes and levy a tax for redemption 
of same; bonds shall bear not more than 6 per cent interest and shall not be 
sold below par. Bonds issued by common-school districts shall not run longer 
than 20 years. 

See also A (d). District boards and officers; A (f). Administrative units — 
Districts, etc. 

North Carolina: See B (c). Permanent State school funds; O (b). Agricul- 
tural schools. 

North Dakota: Any district not a special or independent district may by a 
majority vote of qualified electors present and voting determine to issue the 
bonds of the district for providing site and building or refunding outstanding 
indebtedness ; no such election shall be called except ui)on petition of one-third 
of the qualified voters; amount of bonds shall not exceed, including outstand- 
ing indebtedness, 5 per cent of property valuation, and interest thereon shall 
not exceed 5 per cent per annum. In addition to other taxes, board shall 
levy a special tax to pay interest on bonds and create a sinking fund. Bonds 
shall not be sold below par. 

See also A (f), Administrative units— districts, etc. 



C (b). LOCAL BONDS AND INDEBTEDNESS. 335 

Ohio: See B (a), General State finance and support; C (c), Local taxation; 
D (a), Buildings and sites, general; P (a), Higher institutions, general. 

Oklahoma: See A (c2), County officers; A (f), Administrative units — districts, 
etc.; C (a), Local finance and support, general; H (e), Consolidation of dis- 
tricts, etc. 

Oregon: Any school district may contract bonded indebtedness to acquire 
school sites, provide schoolhouses, or refund outstanding indebtedness. 
Board of directors may, and when petitioned by at least 10 legal voters shall, 
call an election, and a majority of the votes cast in the district shall deter- 
mine the question. Said bonds shall not bear exceeding 6 per cent interest, 
shall be payable 20 years from date, shall not exceed in amount 5 per cent 
of the property valuation of the district, and shall not be sold at less than 
par. County treasurer shall register each bond. Board of directors shall 
annually. In addition to all other taxes, levy a tax to pay interest and create 
a sinking fund; if board shall fail or refuse to levy said tax, county court 
and county commissioners shall levy the same in such district. Notice of the 
issuance of bonds by any district shall be given to the State land board, and 
said land board shall have the preferential right to purchase said bonds out 
of the irreducible school fund, the university fund, the agricultural college 
fund, or other funds in its hands. 

See also A (d). District boards and officers; N (a), High schools. 

Pennsylvania: See C (a). Local finance and support, general. 

Rhode Island: See A (f), Administrative units^ — districts, etc.; B (c), Perma- 
nent State school funds. 

South Carolina : A school district may issue bonds for not to exceed in amount 
4 per cent of the property valuation of the district and to bear not exceeding 
6 per cent interest: election on bond issue shall be held on petition of one- 
third of the qualified electors and a like proportion of the resident free- 
holders; majority of votes cast shall determine; bonds shall run no longer 
than 20 years. County officers charged with assessing taxes shall levy a tax 
in such district to pay interest and create a sinking fund. 
See also N ( a ) , High schools. 

South Dakota: On petition of one-third of the voters of a school district the 
district board shall submit to the qualified electors the question of issuing 
bonds to build and furnish a schoolhouse and purchase a site or to fund 
outstanding indebtedness; majority of votes cast shall determine. Interest 
shall not exceed 7 per cent; no bond shall be payable in less than 3 nor 
more than 15 years; amount shall not exceed $2,500 for one schoolhouse ex- 
cept in towns or villages of over 100 inhabitants, where amount shall not 
exceed 4 per cent of property valuation; but where a district votes to con- 
solidate two or more schools the amount may be as much as $4,000 for cen- 
tral schoolhouse. District board shall, in addition to regular taxes, levy a 
tax to pay interest and create a sinking fund, but such levy shall not be 
greater than 15 per cent in any one year of the debt to be paid. Bonds shall be 
sold for not less than par. 

Boards of education of independent districts in all cities of the first class and 
in cities under commission having over 10,000 population may issue bonds to 
refund bonded indebtedness, fund outstanding warrants, purchase real prop- 
erty for school and athletic purposes, erect schoolhouses and additions thereto ; 
board shall submit question of issuing bonds to qualified electors ; majority of 
votes cast shall determine. Bonds shall run not exceeding 20 years and shall 
not be sold below par ; interest shall not exceed. 5 per cent ; amount, together 



336 STATE LAWS RELATING TO PUBLIC EDUCATION. 

with outstanding indebtedness, shall not exceed 5 per cent of property valu- 
ation. Board shall levy a tax to pay interest and create a sinking fund. 
Independent school districts organized under special acts may issue bonds for 
not to exceed, including outstanding indebtedness, 5 per cent of property valu- 
ation. 

See also A (f), Administrative units — districts, etc. 

Tennessee: Except in counties having 190,000 population or more, quarterly 
county court may issue school bonds for not exceeding $100,000, at not ex- 
ceeding 5 per cent interest and not to run longer than 25 years ; said bonds shall 
be sold at not less than par ; in counties having independent city systems said 
city shall be entitled to same ratio of proceeds of bonds as number of children 
of school age in city bears to total number in county. County court shall 
annually levy a tax to pay interest and create a sinking fund. Proceeds of 
such bonds shall be used exclusively to purchase property for school pur- 
poses, to purchase sites for school buildings, to erect or repair school build- 
ings, and to furnish and equip such buildings. 
See also G (b), State normal schools. 

Texas: On petition of 20 or more or a majority of tax-paying voters of any 
district county judge shall order an election to determine question of issu- 
ance of bonds for acquiring site and building schoolhouse in such district; 
such bonds shall not bear exceeding 5 per cent interest and may run not 
exceeding 40 years, but where house is built of wood they may not run 
exceeding 20 years ; they may not be sold below par, and State board of edu- 
cation shall have the right to buy them or county commissioners may pur- 
chase them with county permanent school fund. Majority vote shall deter- 
mine whether bonds shall be issued and tax levied to pay interest and create 
a sinking fund; combined local tax to maintain schools and to pay bonds 
shall not exceed 50 cents on $100; bond tax can not be discontinued until 
bonds are paid. 

See also A (bl), State boards; A (f). Administrative units — districts, etc.; 
C (a), Local finance and support, general; C (c). Local taxation, 

Utah: Board of education of a school district may call an election to determine 
question of issuing bonds for providing school site, building, and furniture, 
or for refunding indebtedness; majority of qualified electors who pay prop- 
erty tax shall determine; bonds shall with existing indebtedness not exceed 
in amount 4 per cent of property valuation and shall not bear more than 5 
per cent interest. Statement showing character of bonds, steps taken to issue 
them, etc., shall be filed with county clerk. Board of education shall, in addi- 
tion to other taxes authorized by law, levy a tax of not exceeding 2i mills 
on the dollar to pay interest on bonds and create a sinking fund. 

A school district or city of the first or second class may, for maintenance of 
schools, incur indebtedness in excess of taxes for current school year when 
authorized by majority vote of qualified electors who pay property tax. 
See also A (f). Administrative units — districts, etc. ; N (a). High schools. 

Vermont: See C (c), Local taxation. 

Virginia: When the school board of any district shall determine to borrow 
money to build schoolhouses and furnish the same and the statement of facts 
contained in the resolution therefor shall be approved by the county board of 
supervisors, said school board may, with the approval of a majority of the 
qualified electors voting at an election, issue the bonds of the district payable 
in not longer than 30 years and bearing not over 6 per cent interest; said 
bonds shall be sold at not less than par value and, including outstanding in- 



C (b). LOCAL BONDS AND INDEBTEDNESS. 337 

debtedness, shall not exceed in amount 17 per cent of tlie property valuation 
of the district. There shall be a lien on the school property of the district 
for the payment of principal and interest. Proceeds of sale shall be used for 
no other purpose than providing buildings and furnishing the same. When 
the resolutions of the school board and board of supervisors are certified to the 
circuit court said court shall order an election in the school district to deter- 
mine the matter of issuing bonds ; expenses of such election shall be paid by 
the county; all registered voters shall be qualified to vote. A tax to pay 
interest and create a sinking fund shall be levied. 

Any town may issue bonds for public improvements, including school- 
houses ; amount shall not exceed 18 per cent of taxable real estate ; interest 
at not exceeding 6 per cent; term of bonds, not exceeding 35 years. Town 
council shall make provision for the payment of interest and the creating of 
a sinking fund. 

The county school board of any county having funds derived by gift or 
devise may loan said funds to an amount not exceeding $1,000 to any school 
district for the purpose of building schoolhouses. State board of education 
may loan to districts and cities money belonging to the literary fund (State 
permanent school fund) for the purpose of building schoolhouses. Appli- 
cation for loan shall show amount desired, plans of building, and facts 
regarding the advisability of erecting the same; if State superintendent 
approves plans, location, etc., State board may make a loan of not exceeding 
$10,000 and not exceeding 50 per cent of cost of building. All loans not 
exceeding $3,000 shall bear interest at the rate of 3 per cent per annum 
and the principal thereof shall be paid in 15 annual installments. Proper 
authorities of district or city shall levy a tax sufficient to pay interest and 
meet each annual installment. Before making loan State board shall satisfy 
itself as to the sufficiency of title to real estate on which schoolhouse is to be 
built and as to its freedom from incumbrance; said board shall provide for 
an equitable distribution of the funds loaned among the several sections of 
the State. Loans in excess of $3,000 shall bear interest at the rate of 4 
per cent. All loans shall be secured by bonds and a lien on the property. 
Washington: Board of directors of any school district may borrow money and 
issue negotiable bonds therefor to any amount not to exceed 5 per cent 
of taxable property of district; such bonds shall bear interest not to exceed 
6 per cent, and shall run for no longer than 20 years. Question of issuance 
of bonds shall be determined at election called for purpose; bonds shall 
carry by majority vote at such election, but if amount of such bonds, together 
with outstanding indebtedness of district, exceeds 1^ per cent of taxable 
property of district, a three-fifths vote shall be necessary to issue bonds. 
Directors shall advertise sale of such bonds ; bonds shall be in denominations 
of not less than $100 nor more than $1,000; bonds shall not be sold below 
par; unsold bonds may be exchanged for unpaid warrants; for purposes of 
this chapter, a joint district shall be deemed as belonging to county in which 
schoolhouse of such district is located. County commissioners shall levy 
annually a tax to pay interest on any bonds issued, and at expiration of 
one-half of time bonds are to run and annually thereafter, shall levy a tax 
to create a sinking fund for redemption of bonds; county treasurer, upon 
authorization by directors, may invest such sinking fund, or may use such 
fund to buy and redeem any of outstanding bonds of such district. School 
districts may refund bonds, at rate of interest not to exceed rate borne by 
original bonds, par for par, without any further vote of the district. When 
any bonds remain unpaid at maturity, directors may fund same by issuing 

3966°— 15 22 



338 STATE LAWS RELATING TO PUBLIC EDUCATION. 

coupon bonds and exchange same par for par, for outstanding bonds as 
aforesaid, without further vote of the district, but such bonds shall be 
redeemable within 20 years from date of issue, and shall draw interest not 
to exceed 6 pev cent per annum. If any incidental expenses, costs, or 
charges arise relative to bonds, county treasurer shall present his claim 
for same to the district issuing such bonds. 

Any school district may validate and ratify indebtedness of such district, 
Incurred for school purposes, when same together with outstanding indebted- 
ness does not exceed 5 per cent of taxable property of district; when it is 
desired to validate such indebtedness, board of directors must by resolution 
provide for holding election for such purpose; three-fifths of votes cast shall 
be for validation in order for it to carry ; due notice shall be given of such 
election; elections for such purpose shaU be by ballot; directors, when in- 
debtedness is validated, may borrow money for same, and issue coupon bonds 
bearing not more than 6 per cent interest 'pev year, and to run not longer 
than 20 years; persons bidding for such bonds, except the State of Wash- 
ington, may be required to deposit 1 per cent of par value of bonds bid for, 
which amount shall be forfeited if person fails to purchase bonds as agreed. 
Such bonds, if unsold, may be exchanged for unpaid warrants of district. If 
such indebtedness is not extinguished by exchange of bonds for warrants or 
by proceeds of sale of bonds, directors of district shall certify such indebted- 
ness to the county commissioners, who shall levy a special annual tax not 
to exceed three mills on the dollar for such purpose. If any district which 
has incurred school indebtedness between 1^ per cent and 5 i)er cent of value 
of taxable property shall be merged in a district of the first class, such dis- 
trict of first class may cause a vote to be taken in the district so annexed for 
purpose of validating such indebtedness; district of first class shall certify 
amount of such indebtedness to county commissioner, who shall make 
special levy for same, but district of first class may pay part, or all, of such 
validating indebtedness or by issuing bonds therefor under certain conditions. 
All county, city, town, and school warrants, and all warrants or other 
evidences of indebtedness, drawn upon or payable from any public funds, 
shall bear rate of interest not greater than 8 per cent per year. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc. 

West Virginia: Board of education in any district or independent district 
may issue bonds for building, completing, enlarging, repairing, or furnishing 
schoolhouses ; said bonds shall bear interest not to exceed 6 per cent per 
year, and shall run for no longer than 34 years nor less than 10 years ; total 
school bonded indebtedness of any district shall not exceed 21 per cnt of 
value of taxable property therein; a tax shall be levied to i>ay interest on 
such bonds and to create a sinking fund for redemption of same; said bonds 
shall not be issued except upon a three-fifths vote of electors at an election 
called for the purpose. 

See also A (d), District boards and officers. 

Wisconsin: Whenever upon any unusual exigency any school district shall, 
before annual meeting, vote a special tax to be collected with next levy, 
district may borrow amount of such tax for period not exceeding one year. 
Any school district may at any lawful meeting borrow money for period not 
exceeding six months for paying teachers' salaries and current expenses, same 
not to exceed tax voted for such purposes; such loans shall not draw more 
than 7 per cent interest. Any district may at any annual or special meeting 
called for purpose authorize school board to borrow money for aiding in 



C (C). LOCAL TAXATION. 339 

erection of a schoolhouse, amount so borrowed not to exceed limitations pro- 
vided by law ; a tax shall be levied to meet interest and annual installments 
of principal of such loan; such loan shall not run for more than 15 years. 
Money so borrowed shall be used exclusively for purposes for which voted. 
Any school district may, by vote at an annual or special meeting, authorize 
school board to borrow money for refunding its indebtedness. In counties of 
150,000 population or more any school district may authorize its school board 
to purchase a schoolhouse site, or an addition thereto, to an amount certified 
to by town or village board as necessary, and said school board may execute 
bonds or other evidences of indebtedness, and may levy tax to pay interest 
and principal of same. 

Every loan to a school district may be made for such time not exceeding 
15 years, and of such amount as, together with all other indebtedness of such 
district, shall not exceed 5 per cent of assessed valuation in district, not less 
than two-thirds of which valuation shall be on real estate and not exceeding 
$25,000 ; interest shall be at rate of 4 per cent. Said loan shall be made only 
upon vote of electors of district. High-school districts may borrow money 
for school purposes. All cities of third and fourth classes operating under a 
special or general charter may annually levy a special tax of not exceeding 
Si mills on dollar for school purposes, to be in addition to total tax author- 
ized to be levied by such cities. 

No execution shall issue on any judgment against a school district except 
upon leave of the court upon motion after failure of remedies provided by 
law. Whenever a final judgment has been obtained against a district a 
transcript of same shall be filed with the town, city, or village clerk, who 
shall assess the same with interest thereon upon taxable property of the 
district. 

See also A (d). District boards and oflficers; A (e). School meetings, elec- 
tions, etc.; G (c). County and local normal schools; H (e), Consolidation of 
districts, etc.; N (a). High schools; O (b), Agricultural schools. 

Wyoming: Trustees of any district may submit to voters question of issuance 
of bonds for providing school plant or refunding indebtedness; amount of 
bonds shall not exceed 2 per cent of property valuation; must be sold at or 
above par ; interest at not exceeding 6 per cent ; term of bonds not exceeding 
25 years. Majority of qualified electors determine. After issuance of bonds 
county commissioners shall levy tax in district sufficient to pay interest and 
create a sinking fund. When sinking fund equals amount of bond then due, 
notice of proposed payment shall be given and interest thereon shall cease. 
Refunding bonds to pay bonded indebtedness may be issued by authority of 
majority of voters ; must be redeemed within 30 years ; tax of not exceeding 
7 mills to pay interest and create sinking fund ; all taxable property of dis- 
trict pledged for payment of such bonds. 

See also A (f), Administrative units — districts, etc.; B (c). Permanent 
State school fund; N (a). High schools. 



C (c). Local (County, District, Municipal) Taxation for School Purposes. 

See also B (d). State taxation for school purposes; Appendix A, State con- 
stitutional provisions relating to public education. 

Alabama: Upon petition of 200 qualified voters (freeholders) county commis- 
sioners shall order election on county tax; only one election in two years; 
notice of election shall be published in county newspaper; elections held as 



340 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Other elections; three-fifths of those voting necessary to carry election; tax 
shall not exceed 10 cents on $100 ; tax shall not continue less than two years ; 
collector shall collect such tax as other taxes and county superintendent shall 
apportion it as other school funds ; tax assessor, collector, and county super- 
intendent receive same per cent of this tax as from other funds handled. 

See also A (f), Administrative units — districts, etc.; B (e), State aid for 
elementary education; N (a), High schools. 

Arizona: See A (d), District boards and officers; B (d), State taxation for 
school purposes; C (b), Local bonds and indebtedness; L (1), Manual and 
industrial education; N (a). High schools. 

Arkansas: See A (d), District boards and officers; A (e), School meetings, 
elections, etc.; A (f). Administrative units — districts, etc.; B (a), General 
State finance and support; B (d), State taxation for school purposes. 

California: County superintendent shall annually present to county board of 
supervisors and to auditor an estimate of minimum school fund needed for 
next ensuing year. Estimate shall be computed as follows: (1) Number of 
teachers in county, (2) including State apportionment, amount to be raised 
shall be not less than $550 per teacher, but this amount shall be not less 
than $13 per pupil in average attendance and shall not exceed 50 cents on 
$100 of property valuation. County supervisors shall levy a tax not exceed- 
ing 50 cents on $100, but sufficient to raise sum indicated in superintendent's 
estimate. To determine minimum rate, supervisors shall deduct 15 per cent 
from the value of assessed property and the amount required to be raised 
divided by the remainder of value of assessed property is minimum rate to be 
levied. A portion of the school funds of any fiscal year subsequent to present 
year equal in amount to the sum total of teachers' salaries for the next pre- 
ceding fiscal year shall constitute a special fund for the payment of teachers ; 
teachers holding positions of previous year shall be paid out of special salary 
fund and those holding new positions shall for first year of service be paid 
out of other funds. 

District school board may call an election to determine question of levying 
a tax to furnish additional school facilities or maintain schools ; notice of 
election, which shall be posted in three public places, shall specify the time 
and place of election, amount of money to be raised, and purpose for which 
it is to be used ; majority vote shall determine ; if tax is voted, county super- 
intendent shall make levy ; maximum rate shall not exceed 75 cents on $100. 
See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness; H (f). Compulsory at- 
tendance; N (a). High schools; S (b), School libraries. 

Colorado: County commissioners shall annually levy a county tax of not less 
than 2 mills on the dollar for school purposes; county superintendent shall 
certify to commissioners the amount of money needed per capita to enable 
each district to maintain schools for four months; he shall use as a basis 
for his estimate $40 per month for each teacher's salary ; all other expenses 
of the schools must be provided for by board of directors by special tax; 
county tax shall not exceed 5 mills. For each year taxing bodies shall be 
so limited as to prohibit the levying of a greater amount of revenue than 
was levied the preceding year plus 5 per cent; if any tax-levying authority 
is of the opinion that the amount of tax limited by this act will be insuffi- 
cient for the needs of such taxing district, the question of an increased levy 
may be submitted to the Colorado Tax Commission, who may order an ex- 
cess levy of not exceeding 5 mills on the dollar ; if said tax commission shall 



C (C). LOCAL TAXATION. 341 

fail or refuse to recommend an increased levy, such taxing district may, by 
a three-fourths vote, make such increase. This limitation shall not apply to 
levy to pay bonded debts or outstanding vi^arrants. Failure to levy the 
2-mill county tax shall constitute a violation of the law, and person or 
persons so failing shall forfeit $100 each. School board in each district 
shall annually certify to county commissioners amount of special district tax 
necessary; said commissioners shall levy tax as certified, but within the 
limits prescribed by law. In districts of the third class said special tax shall 
not exceed 20 mills on the dollar. School board in any district may include 
in their certified statement an item for the purchase of books for a library. 

See also A (d). District boards and officers; B (a), General State finance 
and support; C (b), Local bonds and indebtedness; F (b), Teachers' sal- 
aries; M (b), Kindergartens; N (a). High schools. 

Connecticut: All taxes levied by any school district shall be levied on the real 
estate situated therein, the ratable personal property of persons belonging 
to district at time of levy, any manufacturing or mechanical establishment 
subject to taxation which is carried on in said district, and any mercantile 
business carried on in said district by any person or persons not residents of 
the town ; neither real estate nor business so taxed shall be taxed in any 
other district. A town almshouse and farm in any school district shall be 
subject to taxation for the purpose of building or repairing a schoolhouse of 
said district. 

See also A (f). Administrative units — districts, etc.; B (a), General State 
finance and support; S (b). Public-school libraries. 

Delaware: See A (cl), County boards; B (a). General State finance and 
support; B (e), State aid for elementary education; C (b), Local bonds and 
indebtedness; S (b), Public-school libraries. 

Florida: See A (cl), County boards; A (f). Administrative units — districts, 
etc.; C (b). Local bonds and indebtedness. 

Georgia: See A (f), ^'Administrative units — districts, etc.; B (e), State aid for 
elementary education; C (b), Local bonds and indebtedness. 

Idaho: See A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; B (a). General State finance and support; C (b). Local bonds 
and indebtedness; N (a). High schools; S (b). Public-school libraries. 

Illinois: For supporting the free schools for not less than six nor more than 
nine months and for repairing schoolhouses and procuring furniture, fuel, 
libraries, and apparatus, and other incidental expenses in each district, vil- 
lage, or city, the directors or board of education may levy a tax annually of 
not exceeding 15 mills on the dollar for educational and not exceeding 15 mills 
for building purposes, but in districts having a population of between 1,000 
and 100,000 school board may, when authorized by vote of the people, levy 
as much as 20 mills for educational purposes, if combined levy for educational 
and building purposes does not exceed 30 mills ; " incidental expenses " shall 
be paid from levy for building purposes. Directors or board of education 
shall certify annually to township treasurer the amount of money necessary 
to be raised for educational and for building purposes and said treasurer shall 
return such certificate to the county clerk ; where a district lies in two or more 
counties returns shall be made to clerk of each county affected; clerk shall 
ascertain the rate required to produce the amount certified by school board 
and such rate shall be levied. 

See also A (d). District boards and officers; G (c), County and local normal 
schools; N (a), High schools. 



342 STATE LAWS KELATING TO PUBLIC EDUCATION. 

Indiana: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; B (a), General State finance and support; B (d), State 
taxation for school purposes; B (e), State aid for elementary education; 
C (b), Local bonds and indebtedness; D (a), Buildings and sites, general; 
F (c). Teachers' pensions; H (e). Consolidation of districts, etc.; H (f), 
Compulsory attendance; M (b), Kindergartens; O (a), Industrial education, 
general; S (b). Public-school libraries. 

Iowa: The board of each school corporation shall annually estimate the 
amount required for the contingent fund, not exceeding $10 for each person 
of school age, but may estimate not exceeding $75 for each school thereof. 
It may estimate not exceeding $5 for each person of school age for transport- 
ing children to and from school, and also such sum as may be authorized 
in the chapter relating to uniform textbooks; also such sum as may be re- 
quired for the teachers' fund, not exceeding $30 for each person of school 
age, but said board may estimate not exceeding $270 for such purpose for 
each school. Board shall apportion the amount voted by the qualified electors 
for schoolhouses among the subdistricts on basis of amounts previously levied 
in said subdistricts for such fund. The county board of supervisors shall 
levy the district school tax certified to it as estimated by boards of directors 
when such levy is not in excess of amount allowed by law. Said board of 
supervisors shall also levy for the support of the schools a county tax of not 
less than 1 nor more than 3 mills on the dollar. County auditor shall semi- 
annually apportion the county school tax, interest on permanent school fund, 
rents on unsold lands, and all other money in the hands of the county treas- 
urer belonging to the common schools to school corporations in proportion to 
the number of persons of school age residing therein. The county auditor 
shall forward annually on January 1 to the State auditor a report of the 
amount of permanent school fund held by the county and amount of interest 
due thereon. On draft of presidents of school corporations, county treasurer 
shall quarterly pay to treasurers of such corporations the amounts due each ; 
said county treasurer shall keep a separate account of schoolhouse fund. 
School corporations may levy tax to pay judgments against them. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness; D (a). Buildings and 
sites, general; H (e), Consolidation of districts, etc.; K (c), Uniformity of 
textbooks; N (a), High schools; S (b). Public-school libraries. 

Kansas: See A (c2). County officers; A (d), District boards and officers; A (f), 
Administrative units — districts, etc.; C (a), Local finance and support, gen- 
eral; C (b), Local bonds and indebtedness; H (e), Consolidation of districts, 
etc.; M (b), Kindergartens; N (a). High schools; O (a), Industrial educa- 
tion, general; S (b). Public-school libraries; U (c). Juvenile courts. 

Kentucky: See A (c2), County officers; A (d). District boards and officers; 
A (f), Administrative units— districts, etc.; B (c). Permanent State school 
funds; C (b), Local bonds and indebtedness; U (e). Schools for dependents 
and delinquents. 

Louisiana: See A (cl), County boards; A (d), District boards and officers; 
B (a), General State finance and support. 

Maine: Assessors or municipal officers shall annually certify to State superin- 
tendent (1) amount voted by town for schools, (2) amount received from 
State during preceding year, (3) amount actually expended for schools, (4) 
amount unexpended at end of fiscal year, (5) answers to other inquiries by 
superintendent. 



C (C). LOCAL TAXATION. 343 

See also A (f), Administrative iinits^districts, etc.; B (e), State aid for 
elementary education; N (a), Higli schools; O (a), Industrial education, 
general. 

Maryland: See A (cl), County boards; E (b), Teachers' certificates, general; 
S (b), Public-school libraries. 

Massachusetts: Towns shall raise by taxation money necessary for the sup- 
port of public schools; a town which refuses or neglects to raise money for 
the support of schools shall forfeit an amount equal to twice the highest sum 
ever before voted for the support of schools therein ; a town which refuses or 
neglects to choose a school committee shall forfeit to the county not less than 
$500 nor more than $1,000; three-fourths of such forfeitures shall be paid 
to the school committee, if any, otherwise to the selectmen of the town from 
which recovered, who shall use the same for support of schools of such town. 
School committees may appropriate money for conveying pupils to and from 
school. The State board of education is authorized to provide transportation 
to and from school of school children living on islands within the State not 
provided with schools, in cases where the city or town in which such islands 
are situated is not required by law to provide such transportation. The rates 
of fare charged by street or elevated railway companies for the transporta- 
tion of pupils of public day schools or public evening schools or industrial 
day or evening schools or private schools to and from school, on school days, 
shall not exceed one-half the regular fare charged by such railway com- 
panies; tickets for the transportation of such children shall be sold by said 
companies in lots of 10 each; a railway company violating these provisions 
shall forfeit $25 for each offence. 

See also A (d). District boards and officers; B (a), General State finance 
and support; B (c), Permanent State school funds; D (a), Buildings and 
sites; N (a). High schools; O (a), Industrial education, general; O (d), Con- 
tinuation schools. 

Michigan: It shall be the duty of the supervisor of the township to assess the 
taxes voted by every district of the township and all other taxes provided 
for in this act, chargeable against such district or township, and the same 
shall be collected and returned by the township treasurer. The supervisor 
shall also assess a tax of 1 mill on the dollar throughout the township, un- 
less a district shall have a balance, exclusive of building funds, equal to or 
exceeding the amount paid to teachers in said district, during the preceding 
year, in which case the said tax shall not be levied in such district; all 
money raised by said 1-mill tax shall be apportioned to the district in which 
it was raised. The amount to be assessed upon the taxable property of any 
school district retaining the schoolhouse or other property, on the division 
of a district, shall be assessed by the supervisor in the same manner as if 
the same had been authorized by a vote of such district. The full amount of 
all taxes to be levied in a fractional district composed of parts of two or 
more townships shall be certified by the clerk of the district board to the 
township clerk of each township in which such district is situated and the 
township supervisors thereof shall assess such taxes in their respective parts 
of the district. Supervisor of the township shall deliver to township treas- 
urer a statement of all school and library taxes to be collected. Township 
treasurer shall, after deducting township expenses, hold taxes collected by 
liim subject to the orders of the districts ; he shall from time to time apply to 
county treasurer for moneys due to the townships. 



344 STATE LAWS RELATING TO PUBLIC EDUCATION. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; C (b). Local bonds and indebtedness; K (c), Uniformity of 
textbooks; N (a), High schools; S (b), Public-school libraries. 

Minnesota: See A (d), District boards and officers; B (d), State taxation for 
school purposes; B (e), State aid for elementary education; F (c), Teachers' 
pensions. 

Mississippi: County board of supervisors empowered to levy annually for 
public schools tax on property outside limits of any separate school district ; 
may also levy poll tax not exceeding $1 ; such taxes shall be used for mainte- 
nance of schools before, during, and after expiration of the four months re- 
quired by the constitution. On petition super\iiSors shall hold election on 
question of tax levy outside of separate school districts of the county ; majority 
TOte required; board may then continue to levy tax without an election; 
every municipality, being a separate school district, may in like manner levy 
tax for maintenance of schools; all school funds received shall constitute 
school fund of the county for that scholastic year ; no deficit shall be allowed ; 
county superintendent shall not issue pay certificates in excess of amount 
received on account of public schools; certificate so issued illegal and void, 
but county superintendent shall be responsible on his bond to holders of such 
certificates. Common-school fund shall be divided between separate school 
districts and other parts of the county on the basis of educable children in 
each ; any balance on hand at end of school year may be applied to repairs, 
to school furniture, or apparatus up to $150 to any school ; larger sums up to 
$500 may be granted if covered by an equal sum from patrons; balance not 
so appropriated may be carried to the next scholastic year; supervisors shall 
appropriate all receipts of the 2 per cent and 3 per cent funds to buildings, 
repairing, and furnishing schoolhouses ; auditor shall distribute two-thirds of 
common-school fund on third Monday in January and one-third on first 
Monday in June. Any municipahty not a separate school district, on petition 
of majority of taxpayers, may levy annual tax not exceeding 3 mills for pur- 
poses of education. On petition of majority of electors " of any school dis- 
trict containing not less than 12 square miles," board of supervisors may levy 
annual tax for supplementing salaries of teachers or extending school term, 
or both. 

See also A (c2), County officers; A (d). District boards and officers; A (f). 
Administrative units — districts, etc.; B (e). State aid for elementary educa- 
tion; C (b), Local bonds and indebtedness; H (e). Consolidation of districts, 
etc.; N (a). High schools. 

Missouri: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; C (a). Local finance and support, general; C (b). Local 
bonds and indebtedness; H (c). School year, month, day, etc.; H (e), Con- 
solidation of districts, etc.; N (a), High schools. 

Montana: See A (f). Administrative units — districts, etc.; B (a). General 
State finance and support; C (b). Local bonds and indebtedness; K (c). 
Uniformity of textbooks; N (a), High schools. 

Nebraska: See A (d), District boards and officers; A (e), School meetings, 
elections, etc.; A (f), Administrative units — districts, etc.; C (b), Local 
bonds and indebtedness ; N ( a ) , High schools. 

Nevada: See B (a). General State finance and support; C (b). Local bonds 
and indebtedness; N (a). High schools. 

New Hampshire: The selectmen in each town shall assess annually upon the 
polls and ratable estate taxable therein, a sum computed at rate of $750 for 



C (C). LOCAL TAXATION. 345 

every dollar of the public taxes apportioned to such town. The school board 
of each district in annual report shall st^te the sums of money required dur- 
ing ensuing year for purchase of textbooks, scholars' supplies, flags, and ap- 
purtenances, and for payment of tuition of scholars in high schools and 
academies, and for payment of all other statutory obligations of the district; 
the selectmen shall assess upon taxable polls and property of the district a 
sum suflBcient to meet above obligations, and when collected shall pay same 
over to district treasurer; the sums so raised shall be used solely for main- 
taining public schools within the town for teaching reading, writing, English 
grammar, arithmetic, geography, and such other branches as are adapted to 
the advancement of schools, including purchase of fuel and other supplies, 
the making of occasional repairs upon schoolhouses, appurtenances, and fur- 
niture, and the conveyance of scholars to and from school ; the selectmen shall 
assign to each district a proportion of such money, according to valuation of 
district, or in such other manner as annual town meeting shall direct, and 
pay same over to district treasurer. When a guardian and ward reside in 
same town, the tax on ward's personal property shall be assigned to school 
district where he lives and has his home. If the selectmen neglect to assess, 
assign, or pay over school money as aforesaid, they shall pay to district a 
sum equal to that neglected. If money so paid over to school board is not 
expended according to law, they shall be fined not exceeding twice sum so 
expended, or not legally expended, for the use of the district. Any district 
may raise money for support of schools in addition to sum required by law, 
to be assessed and collected as other school taxes ; all such money shall be 
raised only in a lawful meeting of the district. Moneys arising from the tax- 
ation and licensing of dogs which is not due to holders of orders given for 
loss of or damages to domestic animals by dogs, shall be applied to the sup- 
port of public schools. Any district may raise money to provide vehicles for 
transportation of pupils. 

See also A (d), District boards and officers; A (e), School meetings, elec- 
tions, etc.; A (f). Administrative units — districts, etc.; B (a), General State 
finance and support; D (a). Buildings and sites, general; J (b). Medical in- 
spection; N (a). High schools. 

New Jersey: See A (f), Administrative units — districts, etc.; C (a). Local 
finance and support, general; D (a), Buildings and sites, general; H (e), 
Consolidation of districts, etc.; K (b). Free textbooks; O (a), Industrial 
education, general; S (b). Public school libraries. 

New Mexico: Board of county commissioners shall annually levy a tax in 
each school district sufficient to raise funds for schools therein as estimated 
by district directors; such tax shall not exceed 20 mills in incorporated 
cities, towns, and villages, and 15 mills in other districts. Two-thirds of 
proceeds of liquor and gaming licenses collected in a school district shall 
constitute a part of school fund of such district. A poll tax of $1 shall be 
levied upon all able-bodied male persons 21 years old or over for school 
purposes ; the clerk of each district shall make out list of persons liable for 
poll tax in his district, and said clerk shall receive $4 for such services; 
said clerk shall collect said poll taxes, and shall receive 10 per cent of all 
such money collected ; no property shall be exempt from execution in suits for 
collection of poll taxes; members of militia and fire companies may be 
exempt from payment of poll taxes. 

No execution shall be issued against any school district or board of edu- 
cation; or against any officer of any school district or board of education 
upon any judgment against him in his official capacity and for which the 



346 STATE LAWS RELATING TO PUBLIC EDUCATION. 

school district or board of education is liable, but tbe same shall be paid out 
of the proceeds of a tax levy. Board of county commissioners of each county 
shall annually levy and collect a tax of one-half of 1 mill on the dollar upon 
all taxable property in the county for the maintenance of the public schools ; 
the State treasurer shall annually credit one-half of the current school fund 
to a separate fund known as the reserve fund, which shall be used for main- 
taining schools for five months. 

See also A (d), District boards and ofiicers; B (a), General State finance 
and support; G (a), Local finance and support, general; C (b). Local bonds 
and indebtedness; H (c). School year, month, day, etc.; N (a). High schools. 

New York: Trustees shall assess taxes, make out tax list therefor, and annex 
their warrant thereto for collection; tax list shall show different items for 
which taxes are levied. School-district taxes shall be apportioned by trustees 
upon all real estate within district not exempt from taxation, except as here- 
inafter provided; upon all personal estate therein liable to taxation. Land 
lying in a body and occupied by the same person shall be taxed in the district 
where such person resides ; this rule shall not apply to unoccupied real estate. 
Valuations shall be based upon preceding assessment roll ; no claim for reduc- 
tion shall be considered after tax list shall be made out. When a district 
includes parts of two or more towns, trustees or three taxpayers may call the 
supervisors of such towns together to equitably adjust the valuation of real 
estate contained in said district ; if such supervisors shall disagree, they shall 
summon a supervisor from some adjoining town to assist in adjusting such 
matter; each supervisor shall receive $3 per day while so employed, to be a 
charge against the town. Vacant land shall be assessed at same value as of 
preceding year. Any person working land under a contract for a share of 
produce shall be deemed the possessor and shall be liable for taxes thereon. 
Every person owning or holding real property within any district, who shall 
Improve and occupy the same by his agent or servant, shall be considered a 
taxable inhabitant of such district. Any taxpayer of a district who shall have 
been within four years set off from any other district without his consent, and 
shall have paid a tax for building a schoolhouse, shall be exempted from pay- 
ing a tax for building a schoolhouse in district where he resides. Any person 
who shall be a tenant at will, or for three years or less, may charge any tax 
levied for school sites, purchasing or altering schoolhouses and equipment, 
and fuel to the owner of such real estate. Upon the warrant of the trustees 
of a district the collector shall collect taxes as specified. The collector to 
whom any tax list and warrant may be delivered for collection may execute 
the same in any other district or town of same county, or in another county 
in case of a joint district. Trustees may, when there shall be an error in a 
tax list, correct the same when approved by commissioner of education. Col- 
lector shall give due notice to taxpayers of taxes due ; shall receive fee of 1 
per cent on taxes collected, but on certain delinquent taxes 5 per cent ; shall 
be allowed 10 cents mileage when making a levy and sale of property for 
taxes. Taxes of certain corporations may be paid to county treasurers, who 
shall pay the same to collectors. Trustees may sue for certain taxes when no 
goods or chattels can be found whereon to levy the tax. Collectors shall 
report their accounts to trustees, who shall after approval certify the same to 
the county treasurer. County treasurer shall pay to the districts out of con- 
tingent fund the amount of unpaid taxes. County treasurer shall certify 
unpaid taxes to board of supervisors, who shall levy the same, with 7 per cent 
of amount in addition thereto, upon the lands upon which the same were im- 
posed. Trustees shall file report of collector with town clerk. Following 



C (C). LOCAL TAXATION. 347 

property shall be exempt from taxation : Property of United States ; property 
of this State other than wild or forest lands in the forest preserve ; property 
of a municipal corporation held for public use; all property exempt by law 
from execution, other than an exempt homestead, but property purchased 
with proceeds of a United States pension is subject to taxation ; real property 
of a corporation or association organized for religious, educational, benevo- 
lent, charitable, scientific, patriotic, historical, cemetery purposes, or for the 
enforcement of laws relating to children or animals ; real property of an 
incorporated association of firemen, not exceeding $15,000 ; dwelling houses 
and lots of religious corporations, not to exceed $2,000; real property of an 
agricultural society used for exhibition purposes; real property of a priest 
or minister of the gospel, not to exceed $1,500. 

See also A (d), District boards and ofllcers; A (e). School meetings, elec- 
tions, etc.; A (f), Administrative units — districts, etc.; B (a). General State 
finance and support; D (a), Buildings and sites, general; O (a), Industrial 
education, general. 

North Carolina: County commissioners may, on petition of county board of 
education, order an election to determine question of levying a special tax of 
not exceeding 30 cents on $100 and 90 cents on each poll to supplement the 
county school fund ; majority of votes shall determine ; if tax is voted, county 
commissioners shall, on petition of school trustees or committee, reduce tax 
in special-tax districts by an amount not exceeding special levy for county; 
if majority fail to vote for county tax, county commissioners may order an- 
other election in a subsequent year. 

See also A (cl), County boards; C (a). Local finance and support, general; 
H (c), School year, month, day, etc. ; O (b). Agricultural schools. 

North Dakota: Each school board shall annually levy for school purposes a 
tax of not exceeding 30 mills on the dollar of taxable property of the district ; 
clerk shall notify county auditor of amount of levy and said auditor shall 
levy such tax and county treasurer shall collect the same ; any tax to pay a 
judgment against the district shall be in addition to regular tax and shall not 
exceed 20 mills ; auditor shall also levy a poll tax of $1 on each elector in the 
county and 2 mills on each dollar of taxable property therein, and county 
superintendent shall apportion such county tuition fund as State tuition fund 
is apportioned. If any district for any reason is without a school board and 
is indebted, the county superintendent, county auditor, and county treasurer 
shall levy not exceeding 20 mills in said district to pay such indebtedness. 

See also A (d). District boards and ofllcers; A (f). Administrative units — 
districts, etc.; B (a), General State finance and support; C (b), Local bonds 
and indebtedness; M (b). Kindergartens; 0(b) Agricultural schools. 

Ohio: In any taxing district the taxing authority shall, within the limitations 
fixed by law, levy a tax for sinking fund and interest for bonds issued by 
any political subdivision, such tax to be placed before and in preference to 
all other items. Except as otherwise provided, the aggregate amount of 
taxes that may be levied on the taxable property in any county, township, 
city, village, school district, ,or other taxing district, shall not in any year 
exceed 10 mills on the dollar, and such levies in addition necessary to pro- 
vide sinking fund and interest on indebtedness incurred by vote of the 
people or incurred prior to June 1, 1911. Taxing bodies shall annually 
submit budgets to county auditor, setting forth money needed for their 
wants for incoming year; such budgets shall be passed upon by the county 
budget commission; county auditor shall levy taxes as certified by said 



348 STATE LAWS RELATING TO PUBLIC EDUCATION. 

budget commission ; no funds raised by taxation shall be used for any other 
purpose than that set forth in the budget. Irrespective of tax limitations 
herein set, taxing authorities of a school district may issue bonds to rebuild 
or repair a school building destroyed by fire or otherwise if no funds are 
available for the purpose. Any board of education may, by a majority vote 
of entire membership, declare by resolution that taxes levied at maximum 
rate will be insufiicient and that it is expedient to levy additional taxes; 
such proposition shall be submitted to electors, and shall be accepted when 
receiving a majority vote, but the maximum for all taxes shall not exceed 
15 mills on the doUar. Whenever two or more taxing districts are con- 
solidated, the aggregate amount of taxes shall not exceed the sum of the 
aggregate amount which would have been authorized for such districts 
acting separately. 

See also A (f), Administrative units — districts, etc.; B (a), General State 
finance and support; D (a), Buildings and sites, general; G (b), State 
normal schools; P (a). Higher institutions, general; S (b), Public-school 
libraries; U (c), Juvenile courts. 

Oklahoma: Directors of each school district shall annually meet to prepare a 
financial statement of school affairs of such district and to prepare an esti- 
mate of moneys needed; such statement and estimate shall be published; 
estimate of funds needed shall be certified by directors to excise board of 
county. Excise board shall consist of county clerk, county treasurer, county 
judge, county superintendent, and county attorney. Said excise board shall 
pass on such estimate and levy taxes for same; such levy shall not exceed 
5 mills, except when proceeds of such levy shall be insuflBcient, whereupon 
excise board may increase the rate if voted for by people of district; for 
such election to be legal, at least 30 per cent of voters must participate 
therein. Provisions of this article shall apply to all cities. Returns of such 
elections shall be made to excise board. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc. 

Oregon: The county courts of the several counties shall levy annually on the 
taxable property of the county an amount sufficient to produce at least $8 
per capita for children within the county between 4 and 20 years old. 
In case district fails to levy at least 5 mills on the dollar, or an amount 
equal to the difference between $300 and the amount received from the 
county, then county court shall levy in such district an amount equal to 
difference between $300 and amount district receives from county, but such 
levy shall not exceed 5 mills. If county and .district tax as above provided 
will not produce $300, county court shall transfer from general county fund 
an amount sufficient to make $300 for such district. County superintendent 
shall submit estimates of amounts required under these provisions. Every 
corporation authorized to levy a tax shall notify the county clerk and county 
assessor of the rate of tax levy made by it. 

See also A (d), District boards and officers; A (e), School meetings, elec- 
tions, etc.; A (f). Administrative units — districts, etc.; B (e). State aid for 
elementary education; C (b), Local bonds and indebtedness; F (c). Teachers' 
pensions; N (a), High schools; S (b), Public-school libraries. 

Pennsylvania: See A (d). District boards and officers; B (d), State taxation 
for school purposes; C(a), Local finance and support, general; S (b). Public- 
school libraries. 



C (C). LOCAL TAXATION. 349 

Rhode Island : Property exempt fi-om taxation : Buildings for free public 
schools; the buildings and personal estate owned by any corporation used 
for a school, academy, or seminary of learning, and the land upon which 
said buildings stand and immediately surrounding the same, to an extent 
not exceeding 1 acre, so far as the same is used exclusively for educational 
purposes, but no property or estate whatever shall be exempt from taxation 
in any case where any part of the income or profit thereof or of the business 
carried on therein is divided among its owners or stockholders; the estate, 
persons, and families of the president and professors of Brown University, 
for not more than $10,000 for each ofiicer, his estate, person, and family 
included ; by charter — the coUege estate of Brown University and its property 
wherever located within the State ; the property, real and personal, held for 
or by any incorporated library, society, or any free public library, or any 
free public library society so far as said property shall be held exclusively 
for library purposes. Tax-exempt schools are subject to inspection by State 
and public-school officers. 

See also A (f). Administrative units — districts, etc.; B (e). State aid for 
elementary education. 

South Carolina: See A (el). County boards; A (f), Administrative units — 
districts, etc.; B (e), State aid for elementary education; C (b). Local bonds 
and indebtedness; H (c), School year, month, day, etc.; N (a), High schools; 
S (b). School libraries. 

South Dakota: See A (c2). County officers; A (d), District boards and 
officers; A (f), Administrative units — districts, etc.; C (b). Local bonds and 
indebtedness; N (a), High schools. 

Tennessee: See A (f). Administrative units — districts, etc.; B (a). General 
State finance and support; C (b), Local bonds and indebtedness; G (b). 
State normal schools; N (a). High schools. 

Texas: Trustees of towns or villages incorporated for school purposes only 
may levy a tax of not exceeding 50 cents on $100 for maintenance of schools 
and a tax of not exceeding 25 cents on $100 for sites, buildings, etc., but 
maintenance tax and bond tax together shall never exceed 50 cents on $100. 
Trustees may issue bonds for such amounts as they deem expedient for term 
of 40 years at not exceeding 5 per cent interest, but if building is of wood, 
bonds may not run longer than 20 years ; bonds shall never reach such total 
amount that tax of 25 cents on $100 will not pay interest and create sinking 
fund. Bonds shall not be issued until authorized by majority of taxpaying 
voters at election called by trustees. Majority of trustees of independent 
district may elect to have their taxes assessed and collected by county assessor 
and collector; such taxes shall be paid over to district treasurer. Trustees 
of town or village incorporated for school purposes only may, without vote 
of the people, issue bonds to refund outstanding bonds. 

After vote of a majority of the qualified property taxpaying voters voting 
at election in a district, county commissioners shall levy a tax in such dis- 
trict of not exceeding 50 cents on $100 for the maintenance of schools and 
the erection of schoolhouses ; election to be held on petition of 20 or more 
or a majority of taxpaying voters ; only property taxpaying voters may vote 
and majority determines. At any time aftQr two years after the levy of 
local tax an election to determine whether it shall be abrogated, increased, or 
diminished may be called on petition of 20 or more or a majority of property 
taxpaying voters. County commissioners shall levy rate of tax voted by dis- 
trict, or if vote was for not exceeding 50 cents on $100, commissioners shall 



350 STATE LAWS RELATING TO PUBLIC EDUCATIOIT. 

levy such rate within such limit as may be determined by trustees of district 
and county superintendent. 

See also A (d), District boards and oflacers; A (f), Administrative units — 
districts, etc.; C (b) Local bonds and indebtedness; F (b), Teachers' sal- 
aries; M (b), Kindergartens. 

Utah: When it is necessary to raise funds for school purposes a tax not to 
exceed 1 per cent of all taxable property may be voted at a meeting called 
for that puri)ose. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; B (a), General State finance and support; C (b), Local bonds 
and indebtedness; N (a). High schools. 

Vermont: The grand list of a town shall consist of the ratable polls and real 
and personal estate therein; a town shall annually appropriate for school 
purposes a sum not less than one-fifth of grand list of the town school dis- 
trict, and selectmen shall assess a tax to meet such appropriation ; town treas- 
urer shall keep separate account of school moneys, and shall disburse same 
on orders of school directors; said treasurer shall keep account of sums 
received from income of permanent school fund; said treasurer shall make 
fiscal report to annual town meeting. State treasurer shall receive and ap- 
portion to various school units on basis of population United States deposit 
money. Trustees of public money shall give bond; said trustees shall man- 
age such funds, and shall make fiscal report to annual town meeting. The 
town shaU be accountable for United States deposit money in same manner 
that town is accountable for State taxes; if town fails to comply with law 
relative to United States moneys, it shall forfeit to county a sum not exceed- 
ing double the interest on such moneys; grand jury shall inquire as to dis- 
position of such moneys. Permanent public-school fund shall consist of sum 
of $240,000 returned by the National Government to the State in settlement 
of Ci^il War claims, the Huntington fund, the United States deposit money, 
and such other moneys as may be added thereto ; trustees of such fund shall 
be the governor, State treasurer, and superintendent of education, ex officio, 
and three persons appointed biennially by the governor. Trustees shall in- 
vest permanent public-school fund in following securities only : United States 
bonds, State bonds, bonds of cities and school districts located in the United 
States and having population of over 20,000, and bonds of towns, cities, and 
villages of the State whose total indebtedness does not exceed five times 
amount of grand list; said trustees may receive gifts, bequests, and other 
additions to said fund ; said trustees shall receive no compensation, but shall 
be paid expenses. Income of permanent fund shall be paid into State treas- 
ury; $15,000 of same shall annually be divided among the towns and gores 
entitled thereto in same manner as $45,000 reserve fund is divided; remainder 
of such income shall be divided among aforesaid units on basis of number of 
legal schools maintained the preceding year; such income shall be used ex- 
clusively for support of schools, and in unorganized towns and gores shall be 
divided equally between several school districts which have maintained a 
legal school the preceding year, and in towns having an incorporated district 
as is provided for the division in such towns of money received from State 
school tax ; said trustees shall make biennial report to legislature. Auditor 
of accounts and bank commissioner shall annually audit accounts of said 
trustees. Selectmen shall manage real and personal estate appropriated to 
use of schools therein, unless otherwise provided; shall lease such lands and 
loan such moneys upon sufficient security in the State; town treasurer shall 
keep separate account of such moneys and securities. A tax of 8 cents on 



C (C). LOCAL TAXATION. 351 

the dollar shall be annually assesed upon the grand list (tax list) of the 
State for support of public schools; the State treasurer shall apportion such 
tax to the several towns, unorganized towns, and gores on basis of their 
respective grand lists, and such tax shall be paid into State treasury. Town 
clerk shall annually certify to superintendent of education number of legal 
schools, and said superintendent shall transmit such statement to State treas- 
urer. No town shall forfeit its share of public-school money in case school 
is closed by health officer on account of a contagious disease. State treasurer 
shall annually, in accordance with apportionment as made by board of educa- 
tion, and upon approval of auditor of accounts, transmit public-school money 
to town treasurer. An incorporated district for purposes of this act shall be 
considered a town, but all revenue from bequests, funds, or public lands, not 
otherwise specifically disposed of, belonging to a town which includes such a 
district, shall be divided between the town school district and such special 
district, according to number of legal schools in each. Where elementary 
pupils are furnished free transportation, high-school students may have the 
privilege of transportation conveyances furnished such elementary pupils. 
The prudential committee of a special district shall annually make fiscal 
report to the town clerk or, in case of a district in an unorganized town or 
gore, to superintendent of education. Selectmen shall annually certify divi- 
sion of public money to the town clerk. Violation of any provision of this act 
by any officer shall be punished by fine of $100. Grand juries shall annually 
inquire into the expenditure of public money for support of schools; such 
inquiry shall also be made by the town superintendent. If a town shall re- 
ceive more than its share of public-school money in any year, such excess 
shall be deducted from the apportionment of succeeding year and added to 
permanent school fund. A consolidation of receipts from the 8 per cent State 
tax, of the revenue from the interest on the permanent school fund, and of 
$50,000 hereby annually appropriated is formed for apportionment and dis- 
tribution among the various towns, unorganized towns, and gores for purposes 
of public education. 

Grand list of a school district shall be made up of the ratable polls and real 
and personal estate therein. A district may by vote raise a tax for support 
of schools therein; prudential committee shall assess such tax. A district 
may, by a two-thirds vote, direct prudential committee to omit from tax list 
names of persons unable to pay their proportion of the tax; by a like vote 
district may remit or make abatement of a tax to an amount not exceeding 
5 per cent of such tax. Prudential committee of a district shall levy a tax 
for payment of any execution against such district. A district may raise 
a tax and may appoint a committee to purchase or rent school sites or school- 
houses, and to build, repair, or furnish schoolhouses ; district may locate a 
schoolhouse, otherwise selectmen shall make such location. 

See also A (f), Administrative units — districts, etc. 

Virginia: See A (cl). County boards; A (c2), County officers; A (d), District 
boards and officers; A (f). Administrative units — districts, etc.; B (a). Gen- 
eral State finance and support; C (b), Local bonds and indebtedness. 

Washington: See A (d). District boards and officers; A (f), Administrative 
units-Hiistricts, etc.; B (a), General State finance and support; C (b), 
Local bonds and indebtedness; S (b), Public-school libraries. 

West Virginia: See A (d). District boards and officers; B (a). General State 
finance and support; N (a). High schools. 



352 STATE LAWS KELATING TO PUBLIC EDUCATION. 

Wisconsin: School district taxes, unless otherwise provided, shall be assessed 
on same kinds of property as taxes for town and county purposes; personal 
property, if taxable in the town, shall be taxable for school purposes in dis- 
trict of its location or residence of its owner. Whenever any real estate in 
any school district has not been separately valued in assessment roll of town, 
town clerk shall estimate value of same. The relative valuation of taxable 
property in the several parts of any joint school district or joint high school 
district shall be assessed, upon petition of three freeholders resident in one of 
such parts, by joint action of assessors of every town, city, and village in part 
embraced in such district; if there be less than three such freeholders in 
such part of district, petition shall be signed by all of freeholders resident in 
such part; majority of assessors shall constitute a quorum; assessor of in- 
comes of county shall decide matter in case of a tie vote of assessors; any 
assessor or other officer who refuses or neglects to perform his duty as herein 
provided shall forfeit not less than $10 nor more than $100. Each district 
clerk shall annually certify to town clerk, or, in case of a joint district, to 
clerk of each town, city, or village in which part of such district is situated, 
the amount of taxes voted for school purposes; town clerk shall assess taxes 
so certified. 

See also A (c2), County officers; A (d), District boards and officers; A (e), 
School meetings, elections, etc.; B (e). State aid for elementary education; 
C (b), Local bonds and indebtedness; G (c). County and local normal 
schools; N (a), High schools; O (a). Industrial education, general; O (b), 
Agricultural schools; O (c). Trade schools; S (b), Public school libraries. 
Wyoming: No district school tax in excess of 3i mills on the dollar shall be 
voted except that after 30 days' notice by school board a majority of 51 per 
cent of electors voting may increase levy for one year to not exceeding 8^ 
mills. This act shall in no way limit the levy necessary for payment of any 
bonded debt, judgment, or interest thereon. Tax levied in excess of limit 
herein fixed shall be reduced by county assessor. 

Officers authorized to levy taxes in cities and towns shall not increase tax 
levy more than 2 per cent above levy for preceding year or year when tax was 
last levied unless authorized to do so by vote of qualified electors. 

Board of county commissioners shall levy a general school tax within the 
county sufficient to raise $300 for each teacher, but said levy shall not ex- 
ceed 3 mills on the dollar; total tax for county revenue purposes shall not 
exceed 12 mills on the dollar; in addition, a poll tax of $2 on each person 
between 21 and 50 years old shall be levied. County tax shall be held by 
county treasurer, subject to draft of county superintendent. District tax 
shall be paid directly to district treasurer. - 

See also A (d), District boards and officers; A (f). Administrative units^ 
districts, etc.; B (a). General State finance and support; C (b). Local bonds 
and indebtedness; M (b). Kindergartens; N (a), High schools; S (b), 
Public-school libraries. 



C (d). Poll Taxes, etc. 

See also Appendix A : State constitutional provisions relating to public edu- 
cation. 
Alabama: See B (a). General State finance and support; B (e). State aid for 

elementary education. 



C (d). POLL TAXES^ ETC. 353 

Arkansas: See B (a). General State finance and support; B (d), State taxa- 
tion for school purposes. 

California: Every male person 21 to 60 years old, if not a pauper, insane, or 
an Indian, shall pay a poll tax of $2 if paid prior to first Monday in July, 
otherwise $3 ; such tax shall be paid to county treasurer for use of the State 
school fund. 

Florida: A poll tax of $1 shall be levied on each male pei*son between 21 and 
55 years old who has not lost a limb in battle, and v/hen collected shall be 
paid into the county school fund. 

See also A (b2), State officers; A (cl), County boards; A (C2), County 
officers. 

Georgia: A poll tax of $1 shall be levied on each male inhabitant between 21 
and 60 years old for educational purposes ; such tax shall not be levied upon 
blind persons or any person who lost a limb in the Confederate Army. 

Indiana: See A (d), District boards and officers; B (a), General State finance 
and support; B (d). State taxation for school purposes; B (e), State aid 
for elementary education. 

Kentucky: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc. 

Louisiana: See B (a). General State finance and support. 

Massachusetts: Dog taxes shall be used for the supix)rt of public libraries or 
schools. 

Mississippi: See C (c), Local taxation. 

New Hampshire: See C (c), Local taxation. 

New Mexico: See C (c), Local taxation. 

North Carolina: See C (a), Local finance and support, general; H (c), School 
year, month, day, etc. 

Rhode Island: Poll taxes, levied upon every male person who if registered 
might be qualified to vote and upon resident aliens, are applied to the sup- 
port of public schools. 

One-half of fines received on account of violations of dog-tax law shall be 
paid into the school fund of the town ; the balance of any damages for in- 
juries done by dogs, after claims have been settled, shall be paid into the 
town school fund. 

See also A (f). Administrative units — districts, etc. 

South Carolina: A poll tax of $1 shall be levied upon each male between 21 
and 50 years old who is capable of earning a living ; said tax shall be levied 
by county authorities and retained in the county to be returned to district 
where collected. 

See also A (c2). County officers; A (f). Administrative units — districts, etc. 

South Dakota: See A (c2), County officers; A (d), District boards and officers. 

Tennessee: See B (a), General State finance and support. 

Texas: See B (a), General State finance and support. 

Vermont: See C (c), Local taxation. 

Virginia: See B (a), General State finance and support; B (d), State taxation 

for school purposes. 
Wyoming: See C (c). Local taxation. 
3966°— 15 23 



354 STATE LAWS RELATING TO PUBLIC EDUCATION. 

D. BUILDINGS AND SITES. 
(a) General. 

Alabama: See D (b), State aid, approval of plans, etc. 

Arizona: Boards of trustees in school districts and high-school districts in 
incorporated cities and towns may improve property, streets, etc., adjoining 
school property ; question of levying tax to make such improvements shall be 
submitted to vote of the people and shall be determined by a majority of the 
qualified electors. 

See also A (c2), County officers; A (d). District boards and officers. 

Arkansas: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc. 

California: A civic center not to interfere with regular school work shall be 
established at every public schoolhouse; school board shall furnish heat, 
light, janitor service, and a supervisor when needed; when charge is made 
for admission, trustees may charge for use of schoolhouse ; school board shall 
control center. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; O (b), Local bonds and indebtedness; N (a), High schools. 

Colorado: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; B (a), General State finance and support; N (a), High 
schools. 

Connecticut: See A (f), Administrative units — districts, etc.; D (c), Care, 
sanitation, etc., of schoolhouses. 

Delaware: An annual State appropriation of $1,000 is made for the erection 
and repair of schoolhouses for colored persons. 

See also A ( cl ) , County boards ; C ( b ) , Local bonds and indebtedness. 

Florida: Whoever without cause injures any property used for educational 
purposes or appurtenances belonging thereto shall be punished by imprison- 
ment of not exceeding one year or fine of not exceeding $500 ; misdemeanor to 
place any obscene word, image, or device on school property. 

See also A (cl) . County boards ; A (f ) , Administrative units — districts, etc. ; 
C (b), Local bonds and indebtedness. 

Georgia: See A (cl), County boards; A (f), Administrative units — districts, 
etc.; C (b). Local bonds and indebtedness. 

Idaho: See A (c2). County officers; A (d). District boards and officers; 
A (f). Administrative units — districts, etc.; C (b). Local bonds and indebted- 
ness; H (c). School year, month, day, etc.; K (a), High schools. 

Illinois: See A (d). District boards and officers; A (f). Administrative 
units — districts, etc.; C (c), Local taxation. 

Indiana: The title to all lands conveyed for school purposes shall vest in the 
township, incoi^porated town, or city in the corporate name of such corpora- 
tion ; on petition of a majority of the school patrons the trustee having 
charge of a schoolhouse shall permit a private school to be taught therein 
when the same is unoccupied by a common school; trustee or trustees may 
allow the use of a schoolhouse for community purposes; trustee or trustees 
may sell a school site and building when the same is no longer needed and 
when petitioned to sell the same by two-thirds of the qualified voters of the 
district, but such property shall not be sold for less than two-thirds of its 
appraised value. When it is desired to change the location of a schoolhouse 



D(a). BUILDINGS AND SITES^ GENERAL. 355 

the trustee shall present to the county superintendent a petition therefor 
signed by himself and a majority of the patrons of the school, and said 
superintendent's order therefor must be procured. When territory is an- 
nexed to any incorporated town or city title to property used for school pur- 
poses within said territory shall vest in said incorporated town or city; if 
school township is indebted for any property used for school purposes in 
said territory, said town or city shall pay such indebtedness. On petition of 
a majority of the legal voters of the township trustee may issue bonds for 
not exceeding $15,000, and to bear interest at not exceeding 7 per cent, for 
the purpose of raising a fund to meet the conditions of any gift or bequest 
of $5,000 or more for erecting a schoolhouse, but bonds shall not be sold 
for less than 95 per cent of par value, and no bond issue shall be made until 
preceding issue is redeemed. School corporations may accept gifts and be- 
quests, but the same must be used or disposed of in accordance with the 
terms imposed by the donor ; where no terms are imposed inconsistent here- 
with the principal shall remain inviolate and the income therefrom shall be 
used for some educational or library purpose not adequately provided for by 
law, but the principal may be used in providing a building to be devoted to 
some special use of an educational or library character. When not in viola- 
tion of the terms of the gift school corporation may appoint a trustee or 
trustees thereof; the identity of the principal of any gift shall not: be lost. 
When any person or persons shall donate to any county any building and 
grounds of not less than $20,000 in value in a county having 25,000 popula- 
tion or less, and in counties having a population in excess of 25.000. $30,000, 
for the purpose of maintaining a county high school, county commissioners 
shall accept such donation. County board of education and county commis- 
sioners shall elect a board of three trustees for said school ; term of trustees 
three years, one being elected each year. Duties of trustees: To levy an 
annual tax for the support of said school, but not to exceed 15 cents on $100 ; 
take control of all property belonging to the same; appoint teachers and 
adopt a course of study ; admit free of tuition all pupils of the county who 
are prepared to enter high school ; fix tuition fees of nonresident pupils. The 
trustees of any incorporated town or city or any township trustee may take 
a school site by condemnation proceedings in the circuit court. All common- 
school coiT3orations shall possess the same powers and be subject to the same 
duties and liabilities in respect to municipal assessments for the cost of 
public improvements affecting their real estate that private owners of real 
estate possess or are subject to. 

All public buildings, except one-story churches and schoolhouses, shall 
be constructed so that all doors shall swing outward. Sites shall be sanitary 
and shall not be located within 500 feet of any railroad, livery stable, barn 
used for breeding purposes, or noise-making industry. Brick buildings shall 
have a brick, stone, or concrete foundation; all buildings of two stories or 
more shall have basements and all ground floors shall be at least 3 feet 
above the ground level ; each pupil shall be provided with at least 225 cubic 
feet of space. All study rooms shall be lighted from one side only; window 
area shall be equal to at least one-sixth of the floor area and the windows 
shall extend from at least 4 feet above the floor to within 1 foot of the 
ceiling ; at least 20 per cent of desks shall be adjustable ; walls shall be of 
neutral color ; blackboards shall be dead black ; cloak rooms or sanitary lockers 
shall be provided for each study room. Drinking water shall come from 
sources approved by the health authorities; only glass or enameled metal 
drinking cups shall be used ; proper drains shall be provided to carry awayj 



356 STATE LAWS RELATING TO PUBLIC EDUCATION. 

waste water. Each school room shall be provided with foul-air flue sufficient 
to withdraw l.SOO cubic feet per hour for every 225 cubic feet in said room ; 
heating apparatus shall be sufficient to maintain a temperature of 70 degrees 
Fahrenheit and a relative humidity of not less than 40 per cent. School cor- 
porations may establish open-air schools, in which case the provisions of this 
act relating to heating and ventilation shall not apply. Water-closets and 
outhouses shall be efficient and sanitary in every particular. School corpora- 
tions in cities and towns may tear down old and insufficient buildings and 
erect new buildings in their place, or said corporations may sell said buildings. 
Township trustee may accept a school building located in any incorporated 
town from a private owner and use the same for public-school purposes. 
Every building used in whole or in part as a public building, every place 
where persons are employed above the second story, and every building 
where persons reside or lodge above the second floor shall be provided with 
proper and sufficient means of escape in case of fire; all outside doors of such 
buildings shall open outward and no chairs or seats shall be allowed in the 
passageways; all such buildings of more than two stories shall be provided 
with outside fire escapes, unless the fire chief shall deem such fire escapes to 
be unnecessary. In all cases where there is no fire chief the trustee of the 
township shall perform the duties required in this act. 

See also A (d), District boards and officers; A (e), School meetings, elec- 
tions, etc.; A (f), Administrative units — districts, etc.; C (b), Local bonds 
and indebtedness; H (e), Consolidation of districts, etc.; M (d), Vacation 
schools, playgrounds, etc. 

Iowa: Any school corporation may take and hold not exceeding 1 acre as a 
school site, except in a city, town, or village, where said corporation may take 
one block for school site and not exceeding 5 acres for school playground or 
other purposes ; in consolidated districts and townships having not exceeding 
two sites, 4 acres may be acquired. If owner fails to convey property desired 
for a school site or a road leading thereto, or is unknown or can not be found, 
county superintendent shall, on application of either party, appoint three 
referees to appraise the same, and it shall become the property of the school 
corporation on deposit by said corporation of the amount fixed by said 
referees, but either party may appeal to the district court from assessment 
made by referees ; if appeal is not taken, assessment shaU be final. A school 
site not used for two years for school purposes shall revert to the owner of 
the tract to which it originally belonged on payment of the purchase price 
without interest and of the value of improvements. 

The board of school directors of any school district containing or contained 
in cities of the first or second class, cities under special charter, and cities 
under commission form of government may establish and maintain in public 
schoolhouses and on school grounds public recreation places and playgrounds. 
Said board may, and on petition of not less than 25 per cent of the number 
voting at the last preceding school election shall, submit to qualified electors 
the question of levying a tax for said purpose; if a majority of votes cast 
favor said tax, a levy of not exceeding 2 mills on the dollar shall be made. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness; H (e). Consolidation of 
districts, etc.; N (a). High schools. 

Kansas: See A (c2), County officers; A (d). District boards and officers; 
A (f). Administrative units — districts, etc.; C (b). Local bonds and indebted- 
ness; N (a), High schools. 



D(a). BUILDINGS AND SITES, GENERAL. 357 

Kentucky: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; C (b), Local bonds and indebtedness. 

Louisiana: District board of school directors may condemn property for 
school purposes; aggrieved persons may, when price of property is deemed 
too. small, appeal to any proper judicial tribunal, but title shall pass to school 
corporation. 

See also A (cl), County boards; A (d), District boards and officers. 

Maine: State suprintendent shall procure plans and specifications for school- 
houses of not exceeding four rooms and shall furnish such plans to school 
committees; where committees use other plans, such plans shall be submitted 
to and approved by State superintendent and State board of health before 
acceptance by committees. 

Municipal officers of any town or city shall require person in charge of 
steam-heating plant of any schoolhouse, church, or other public building to 
show proof of competence to operate such plant. 
See also A (f), Administrative units — districts, etc. 

Maryland: Board of county school commissioners shall select suitable school- 
house site in each district when public necessities so demand ; board may 
receive donations of such sites, or of a house already built, or may purchase 
same; in no case shall any site be built upon or any house occupied until 
good and sufficient title shall have been obtained ; board may sell or lease 
school property ; may condemn land for site or for enlarging site, but no lot 
acquired by condemnation shall exceed five acres, including land occupied by 
school building ; sites shall be paid for as other schoolhouse property is paid 
for; every schoolhouse shall be built and furnished according to plans of 
board of county school commissioners. 

See also A (d), District boards and officers. 

Massachusetts: Every town shall provide and maintain a sufficient number 
of schoolhouses, properly furnished and conveniently located for the accom- 
modation of all children entitled to attend the public schools ; a town which 
for one year refuses or neglects to comply with said requirements shall for- 
feit not less than $500 nor more than $1,000. The school committee, unless 
the town otherwise directs, shall have general charge of schoolhouses. A 
town may, at a meeting called for the purpose, determine location of its 
schoolhouses, and purchase land therefor. The school committee of any city 
or town which accepts the provisions of this act shall grant the use of school 
buildings for such public or educational purposes and on such terms as said 
committee may determine; such use shall not interfere with the use of such 
buildings for school purposes, and such use shall not be granted during the 
regular sessions of school unless the means of egress have been approved for 
such purpose by the inspector of public buildings ; this act shall take effect in 
a city upon its acceptance by a two-thirds vote of members of each branch 
of city council present and voting and upon approval of mayor and shall take 
effect in a town upon vote of a majority of voters of town present and voting 
at an annual or special meeting. 

The mayor of any city may, upon the petition of 100 citizens or taxpayers 
in such city, authorize the expenditure of not more than 15 per cent of the 
cost of any school building for proper means of escape from fire. No build- 
ing which is designed for use as a public or school building shall be con- 
structed or altered until a copy of plans and specifications thereof has been 
deposited with the supervisor of plans of the building inspection department 
of the district police; such plans and specifications shall include those for 



358 STATE LAWS RELATING TO PUBLIC EDUCATION. 

heating, ventilation, and sanitation, as the supei*visor of plans may require; 
sufficient means of escape from fire shall be provided in such buildings ; egress 
doors and windows shall open outward ; such buildings shall be supplied with 
fire-extinguishing apparatus; no wooden flue or air duct shall be placed, or 
remain placed, in any such building, nor shall any pipe for conveying steam 
or hot air be placed within 1 inch of any woodwork unless properly covered ; 
every public building shall be kept clean and free from any effluvia rising 
from any drain or privy or nuisance, shall be provided with a sufficient num- 
ber of water-closets, earth closets, or privies, and shall be properly ventilated. 

For the purpose of promoting the usefulness of public-school property, the 
school committee of any city or town may conduct such activities in or upon 
school property under its control, and shall allow the use thereof by individuals 
and associations, subject to such regulations as said committee shall establish, 
for such educational, recreation, social, civic, philanthropic, and similar pur- 
poses as said committee may deem to be of interest to the community, but such 
use shall not interfere with the use of such property for school purposes. This 
act shall not apply to the city of Boston. The school committee of the city 
of Boston may use its school property for the aforesaid purposes, but no ad- 
mission fee shall be charged. 

Every town having a population of more than 5,000 which shall accept the 
provisions of this act shall provide and maintain at least one public play- 
ground for the recreation and physical education of the minors of the town ; 
towns may appoint and determine the compensation of a qualified director 
of each playground ; towns shall have the right of eminent domain in secur- 
ing land for aforesaid purpose; towns may raise money to purchase lands for 
such playgrounds, and lands owned by towns may be set aside by selectmen 
for such use. 

See also N (a). High schools. 

Michigan: The qualified voters of a district may, when lawfully assembled 
and when notice thereof has been given in the call for the meeting, determine 
the number and location of school sites ; on their failure the inspectors of the 
township shall fix site which shall remain the same, subject to alteration 
afterwards by two-thirds of the qualified voters. District boards and boards 
of education in cities may acquire school sites by condemnation proceedings 
before a court of competent jurisdiction. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; C (b). Local bonds and indebtedness; N (a), High schools. 

Minnesota: See A (b2). State officers; A (d). District boards and officers; 
B (d). State taxation for school purposes. ■ 

Mississippi: Pupil who injures school property is liable to suspension or 
expulsion and the parents shall be liable for all damage. 

See also A (d). District boards and officers; A (f). Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness. 

Missouri: Any person wilfully destroying or injuring school property shall 
be fined twice the amount of damage done; any person defacing school prop- 
erty shall be fined not less than $10 nor more than $50. 

It is a misdemeanor to destroy, injure, or deface school property or tres- 
pass upon school grounds. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; C (b), Local bonds and indebtedness; H (e), Consolidation of 
districts, etc. 



D (a). BUILDINGS AND SlTES^ GENERAL. 359 

Montana: Trustees may and when petitioned by one-third of voters shall 
call a meeting to vote upon question of selection, purchase, exchange, or sale 
of site; majority of votes determines. In districts of first and second classes 
site shall be not be less than one-half of city block and in third class shall be 
not less than one acre. No schoolhouse shall be erected, repaired, or enlarged 
at expense of over $500 without approval of plans by State board of health ; 
in districts of second and third classes such plans shall also have approval of 
State superintendent. County treasurer shall make no payment on contract 
until board of health certifies that plans are approved, such board shall fur- 
nish suggestive plans to districts of third class. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; B (a), General State finance and support; C (b). Local bonds 
and indebtedness; N (a), High schools. 

Nebraska: Sites may be condemned for school purposes; county superintendent 
shall appoint a committee of three disinterested nonresident persons to esti- 
mate value of condemned land, but in city districts county judge may appoint 
committee of three disinterested freeholders who reside in the district 
where land is situated; land thus condemned, upon payment to owner of 
amount determined, shall be used for school purposes, but should such use 
cease the land shall revert to the owner from whom taken upon payment 
by him of the amount originally paid to him for the land ; when land is thus 
taken without consent of owner it shall be, except in cases of city school dis- 
tricts, not more than 1 acre, and all orchards, gardens, and public parks 
shall not be liable to be thus taken, nor shall such land be within 20 rods of 
any residence. Owner of land condemned for school purposes may make ap- 
peal to the courts as in case of condemnation of land for other purposes. 
When it is desired to locate a schoolhouse on State land, the State land com- 
missioner shall sell to district not less than 1 nor more than 4 acres for such 
purposes. 

See also A (d), District boards and ofiicers; A (e). School meetings, elec- 
tions, etc.; A (f), Administrative units — districts, etc.; C (b), Local bonds 
and Indebtedness. 

Nevada: It shall be a misdemeanor for any person to willfully and maliciously 
injure any part of any school property, to commit any nuisance therein, or to 
maliciously commit any trespass upon school grounds. 

See also A (d), District boards and officers; B (a). General State finance 
and support; L (a). Course of study; N (a), High schools; U (b). Wrongs 
to children. 

New Hampshire: District may locate site of schoolhouses, by vote or by a 
committee appointed for purpose; if district does not agree on location 
or upon a committee to locate the same, or if not located by committee 
within 30 days after its appointment, school board, upon petition of 10 or 
more voters, shall determine location. If 10 or more voters of a school dis 
trict are aggrieved by the location of a schoolhouse by the district or its 
committee, or by the school board, they may petition the county commission- 
ers, who shall determine the location; commissioners shall be paid by the 
district for their services the same fees as in highway eases; districts are 
authorized to raise money for such purpose; location of schoolhouses shall 
be conclusive for five years. The school board or county commissioners may 
enlarge any school lot, not to exceed 1 acre, upon petition and proceedings as 

• are required to determine location for a schoolhouse. If any district shall fail 
to procure the land selected for school site, selectmen shall proceed to acquire 
such land; selectmen, upon petition of school board, or by three or more 



360 STATE LAWS RELATING TO PUBLIC EDUCATION. 

voters of district, shall appraise and take such land if sale of same to district 
shall be refused by owner; owner may appeal from such appraisal to the 
supreme court. If a district for any reason shall fail to build and equip a 
schoolhouse on a legally selected site, selectmen, upon petition of three or 
more voters of district, may assess and collect necessary sums and cause 
schoolhouse to be built and equipped. A school district or a school board may 
grant the use of a schoolhouse for other purposes whenever such use will 
not conflict with school; the person so using a schoolhouse shall be liable 
for any damages thereto. The school board of cities shall have sole power to 
select and purchase school sites; appropriation for same shall be made by 
city council; plans of schoolhouses must first be approved by school board; 
new schoolhouses shall be constructed under joint committee chosen by city 
council and school board ; when new building is completed, city council shall 
transfer same to school board, and when a building shall no longer be used 
for school pui-poses, school board shall retransfer it to city ; provisions as to 
cities shall not apply to the Union School District of Concord or to the 
Union School District in city of Keene. When shade trees are presented 
to selectmen they may have same planted at expense of town. Outer doors 
of public buildings shall be made to open outward. Schoolhouses three or 
more stories high shall be equipped \vith fire escapes, unless fireproof. No 
barbed-wire fences shall be built bordering on school property. No persor» 
shall maintain any business of an offensive nature near any schoolhouse. No 
license shall be granted for traffic in liquor in any building which shall be on 
the same street within 200 feet of a church or schoolhouse, but this provision 
shall not apply to hotels or drug stores used as such on the first day of 
January, 1903. 
New Jersey: Each school district shall provide suitable facilities for education 
of children of school age residing in such district ; State school funds shall be 
withheld from any district failing to provide such facilities. Each school 
board shall provide at least two separate outhouses or water-closets for each 
schoolhouse; a tax shall be levied for such purpose, not to be submitted to 
vote of the district. Commissioner of charities and corrections shall, upon 
request of commissioner of education, cause standard plans and specifications 
for certain schoolhouses to be prepared; such plans and specifications shall 
be furnished any district upon request; said commissioner of charities shall, 
upon request of commissioner of education, cause schoolhouses to be exam- 
ined ; commissioner of education may direct abandonment or repair of school- 
houses ; no contract for erection of a school building or any part thereof shall 
be made until plans and specifications of same have been approved by State 
board of education; doors in schoolhouses of two or more stories in height 
shall open outwardly; all swing doors shall have plate-glass windows. 
Insurance money received by school district may be used for repairing or 
reconstructing school buildings, but such money shall not be used for erecting 
building on a new site without authority of appropriating power. 

State superintendent of public instruction shall procure plans and specifica- 
tions for school buildings; such plans and specifications must be approved 
by the State board of education. Light shall be admitted from the left and 
rear of classrooms ; total light area must equal at least 20 per cent of fioor 
space. Each classroom shall have at least 18 square feet of floor space and 
not less than 200 cubic feet of air space per pupil; classrooms must be 
furnished with fresh air at rate of not less than 30 cubic feet per minute fof 
each pupil. All ceilings shall be at least 12 feet in height. Schoolhouses must 
have ample and suitable stairways. 



D (a). BUILDINGS AND SITES, GENERAL. 361 

In any city where a nmnicipal insurance fund is established, board of educa- 
tion may insure school property in such fund; commissioners of such insur- 
ance fund shall fix rates of premium for such insurance ; said commissioners 
may, when expedient, place insurance on school property with authorized 
insurance companies. 

Any lands acquired by any city board of education and found to be unde- 
sirable for school purposes may be conveyed to said city, without any com- 
pensation therefor, for use as a public park or playground. In any borough 
or other municipality board of education may, by vote of electors, transfer 
unused school property to said borough or municipality for public purposes 
for a nominal consideration; said board in any township may transfer such 
property for municipal purposes. 

Any person who shall injure school property shall be adjudged a disorderly 
person. 

See also A (bl). State boards; A(f), Administrative units — districts, etc.; 
H (e), Consolidation of districts, etc. 
New Mexico: Every school district may borrow money for the purpose of 
erecting and furnishing school buildings and purchasing school grounds, but 
such power shall exist only when the proposition of creating a debt shall have 
been submitted to the qualified electors of the district and approved by a 
majority of those voting thereon ; no district shall have an outstanding indebt- 
edness in excess of 6 per cent of the assessed valuation of the taxable property 
of said district. Whenever there shall remain in the treasury of any district 
(outside of incorporated towns and cities) an amount not less than $200 after 
all school expenses have been paid, and a petition signed by one-half the voters 
of such district shall have been submitted to the county superintendent ask- 
ing that such funds be used for purchasing a site and erecting a building 
thereon, or for repairing school buildings, such funds may be used by the 
school directors for such pui-pose. School directors may use district funds 
in insuring school property. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; B (a), General State finance and support. 
New York: No schoolhouse shall be built on the division line of any two 
towns. No schoolhouse shall be erected or altered in any city of third class 
or in a school district, at expense to exceed $500, until plans and specifica- 
tions for same shall have been approved by commissioner of education. 
Plans and specifications shall show in detail the ventilation, heating, and 
lighting of such buildings; shall provide at least 15 square feet of floor space 
and 200 cubic feet of air space for each pupil in study or recitation room, 
at least 30 cubic feet of pure air every minute per pupil, and means for ex- 
hausting vitiated air shall be independent of atmospheric changes. No tax 
voted by a city or district, in excess of $500, for schoolhouse building or 
alteration purposes shall be levied until plans and specifications have been 
approved by commissioner of education. All passageways, exits, and all 
lighting and heating appliances shall be arranged to facilitate egress and 
afford protection in cases of fire and accident; all exit doors shall open out- 
ward; stairways shall have straight runs with platforms. All schoolhouses, 
except in city of New York, more than two stories high shall have adequate 
exterior fire escapes and exits ; funds for purpose shall be a charge upon the 
city or district. Use of a school building shall be granted for teachers' ex- 
aminations and institutes for incidental expenses in connection with use of 
buildings. Trustees or boards of education may grant use of school property 
outside of school hours for following; Meetings for educational purposes; 



362 STATE LAWS EELATING TO PUBLIC EDUCATION". 

l)iiblic-library purposes; social, civic, and recreational meetings; meetings, 
entertainments, and occasions where fees are charged, when proceeds 
are to be expended for a nonpartisan or nonsectarian educational or char- 
itable purpose; polling places and political meetings when authorized by a 
vote of district. A school commissioner may condemn a schoolhouse which 
IS unfit for use and not worth repairing; said commissioner shall deliver 
such order to a trustee of district and to commissioner of education ; trustees 
shall call special meeting of district to determine character of needed school- 
house and to vote a tax for the same, but such meeting shall not reduce 
estimate of cost of such building as made by commissioner more than 25 
per cent; if tax for such building shall not be voted within 30 days from 
date of meeting, trustees shall contract for such building and levy tax for 
same. Trustees and boards of education shall provide at least two water- 
closets or privies for each school, entirely separated each from the other; 
such closets shall be kept sanitary; cost of same shall be a charge against 
the district or city; school boards or trustees who fail to comply with this 
provision may be removed from office, and public funds may be withheld from 
cities and districts so failing. A board of education in a union free district 
having 5,000 population or more may, without a vote of the people, designate 
sites or additions to schoolhouses. No schoolhouse site shall be changed ex- 
cept by a majority vote of legal voters present and voting at a district meet- 
ing; whenever school site is changed, voters of district, by a majority vote, 
may direct the sale of the former site; proceeds of sale of former site shall 
be applied to expenses of securing new site and construction and equipment 
of buildings thereon. Real property may be acquired in any district or city, 
except in cities of first and second class, for school purposes by gift, grant, 
devise, purchase, or purchase by condemnation; in cities and villages not 
less than the whole of a lot may be acquired by condemnation. Following 
property can not be acquired without consent of owner: A homestead occu- 
pied by owner, except such portion as is unnecessary for use of homestead ; 
a garden, orchard, or any part thereof, not within a city, which has existed 
for one year prior to proceedings ; a yard or inclosure ; fixtures or erec- 
tions for t^ade or manufacture of one year's standing. Boards of education 
in cities of third class are clothed with all the powers of trustees and the 
title to school property. A majority of the voters of any school district, at 
an annual or special meeting, may vote to levy taxes for making additions, 
alterations, repairs, or improvements to school buildings or sites, for pur- 
chasing sites, erecting buildings, buying equipment, or for paying salaries 
of teachers and expenses of school, and for other purposes relative to sup- 
port and welfare of the school as they, by resolution, may approve; in a 
union free-school district due notice shall be given of proposed expenditures 
prior to district meeting; in a common-school district due notice shall be 
given of proposed expenditures prior to holding of any special meeting for 
such purpose. No vote to raise money shall be rescinded nor amount thereof 
reduced at any subsequent meeting, unless it be at an adjourned meeting or 
meeting called by regular and legal notice. 

See also A (d). District boards and officers; A (e), School meetings, elec- 
tions, etc.; (c), Local taxation. 

North CaroUna: See A (b2), State officers; A (cl). County boards; A (d), 
District boards and officers; B (c), Permanent State school fund; C (a), 
Local finance and support, general; O (b). Agricultural schools. 

North Dakota: Any school board may, and when petitioned by one-third of 
the qualified voters shall, submit to qualified electors the question of the 



D(a). BUILDINGS AND SITES^ GENERAL. 363 

purchase of a site and the erection, removal, or sale of a schoolhouse; 
majority vote shall determine, except that in case of removal of schoolhouse 
a two-thirds vote shall be necessary. No schoolhouse shall be erected until 
the plans therefor are submitted to the State superintendent ; no plans shall 
be approved by said superintendent unless they comply with the provisions 
of this act. All schoolhouses of more than one story shall be provided with 
fire escapes. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc. 
Ohio: The school board of a district may purchase or lease and improve 
school sites, build, repair, and furnish schoolhouses, and purchase school 
supplies. All school boards shall display the United States flag upon all 
schoolhouses under their control in fair weather, and on inside of schoolhouse 
on other days. The school board may authorize the use of schoolhouses for 
public meetings, but such use shall not interfere with the public schools. The 
school board shall, except in cases of urgent necessity, ask for competitive 
bids on every contract in excess of $1,500, in city districts, and in excess of 
$500 in other districts. School boards shall have the right of eminent do- 
main. A municipal corporation may convey any municipal property to the 
school board for school use. When the school board determines that it is 
necessary to purchase sites, build, repair, or furnish schoolhouses, said 
board shall prepare an estimate of the cost of the same, and submit the 
question of issuing bonds for the same to the electors of the district; bond 
issue shall carry on a majority vote of the electors voting. Bonds shall bear 
a rate of interest not to exceed 6 per cent per year payable semiannually, and 
said bonds shall not run for over 40 years ; bonds shall not be sold below par. 
When bonds are issued by a district, the school board of such district shall 
annually certify to county auditor a tax levy sufficient to pay such bonded 
indebtedness as it falls due together with accrued interest thereon; such 
levy shall be in addition to the maximum levy for school puii^oses. The 
school board at a regular meeting, and by a two-thirds vote of full member- 
ship, may issue bonds for school purposes at the rate and for the time above 
specified, but no greater amount of such bonds shall be issued in any one year 
than would equal the aggregate of a tax at rate of 2 mills, for year next 
preceding such issue. If a schoolhouse is wholly or partly destroyed by fire 
or other casualty, or is condemned, the school board may, when authorized 
by a vote of the electors, issue bonds for replacing such schoolhouse, and 
levy a tax for the redemption of the same ; such emergency tax shall be levied 
only when it is not practicable to secure sufficient funds within the limits of 
taxation already provided for school districts. 

Grade A school buildings are those used for primary, grammar, or high 
schools, including all rooms used for school purposes by pupils 18 years old 
or less. Grade B buildings are those used for all other classes of educational 
institutions. No grade A building shall be more than three stories high ; such 
building, if over two stories high, shall be of fireproof construction ; if less 
than two stories, fireproof or composite construction. Grade B buildings 
shall not exceed five stories in height. Grade A and B buildings one story 
high and without basements may be of frame construction, but must be 
erected 30 feet away from any other building and 200 feet beyond fire limits ; 
all buildings shall have sufficient light and air exposure; no inner or recess 
court shall be covered by any obstruction; fire walls shall be built between 
subdivisions; all heater rooms shall have standard self-closing fire doors; 
no boiler or furnace shall be located under any lobby, exit, stairway, or cor- 



364 STATE LAWS RELATING TO PUBLIC EDUCATION. 

ridor; no cast-iron boiler carrying over 10 pounds pressure, or steel boiler 
over 35 pounds, shall be located within walls of any school building. No 
basement rooms shall be used for any school purposes, except for domestic 
science, manual training, and recreation, and then shall be properly lighted, 
heated, and ventilated. Minimum floor space for primary pupil shall be 16 
square feet, for grammar-grade pupil 18 square feet, for high-school pupil 
20 square feet; all other schools 24 square feet per person. Primary pupil 
shall be allowed 200 cubic feet of air space, grammar-grade pupil 225 cubic 
feet, high-school pupil 250 cubic feet, grade B buildings 300 cubic feet per 
person. Toilet and recreation rooms shall have ceiling height not less than 
8 feet; other rooms, minimum height of 10 feet. Grade A buildings contain- 
ing four and less than eight rooms shall be provided with one rest room; 
over eight rooms, with two rest rooms. No assembly hall in grade A building 
shall be located above second story in one of fireproof construction, nor above 
first fioor in one of composite construction. Seats in rooms seating more 
than 15 persons shall be fastened to fioor ; class and school rooms shall have 
aisles on all wall sides. There shall be 1 square foot of window glass to 
each 5 square feet of floor space in each class, study, recitation, and high- 
school room and laboratory; 1 square foot to every 10 square feet of floor 
space in other rooms ; light shall come from the left or from the left rear of 
pupils when seated. Means of egress shall be fire escapes or inclosed stair- 
ways ; word " exit " shall be placed over each exit door. Inclosed stairways 
shall be of fireproof construction, having self-closing fire doors. Halls and 
passageways shall be designed and proportioned to prevent congestion and 
confusion. Elevators shall be inclosed in stiindard fire walls and have fire 
doors. Every building exceeding 25 feet in height shall have a metal-covered 
bulkhead with ladder leading thereto. Toilet rooms shall have waterproof 
floors. Entire building shall be made sanitary. Floor and roof loads shall 
be amply taken care of. Proper toilet facilities shall be provided for all 
schools. All gas and electric lighting fixtures shall be properly installed. 
Ample fire-extinguishing apparatus shall be provided. 

Upon application of any responsible organization or of a group of at least 
seven citizens all school property shall be available for use as social centers ; 
such occupation shall not infringe upon original and necessary uses of such 
property; school board shall prescribe regulations for such use; persons so 
using school property shall pay for any damage done, and shall, if required, pay 
expenses incurred incident to such use. Boards of county commissioners 
may provide civic and social centers, employ an expert director for the same, 
and levy a tax for such purposes. Any municipality already carrying on 
this work shall be exempt from this act. .County commissioners may, at 
their option, or shall, upon petition of 10 per cent of electors of county, refer 
to said electors question of providing social, educational, or recreational work. 
See also A (d), District boards and officers. 

Oklahoma: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; H (h). Separation of the races. 

Oregon: See A (d). District boards and officers; A (f). Administrative 
units — districts, etc.; N (a). High schools. 

Pennsylvania: Board of school directors shall provide grounds and buildings 
sufficient to accommodate all persons in their districts between 6 and 21 years 
old ; said directors may acquire, hold, and convey property ; they may acquire 
property for school purposes by condemnation proceedings in court of common 
pleas. No school building in any district of the second, third, or fourth class 
shall be constructed until plans of same shall have been submitted to the 



D (a). BUILDINGS AND SITES, GENERAL. 365- 

State board of education for approvaL Buildings shall afford ample light 
area, floor space, ventilation, fire protection, and sanitation. School buildings 
may be used for social and other purposes when permitted by the directors. 
In each district directors shall provide and have displayed a United States 
flag on or near each public-school building. 

See also A (f). Administrative units — districts, etc.; L (m), Sectarian in- 
struction, Bible. 

Rhode Island: Any town may take lands by process of condemnation for 
location of schoolhouses, the enlargement of school lots, and for school pur- 
poses, not to exceed 1 acre in amount at any one taking. The owner of such 
land shall be given due notice. In case of disagreement between owner of such 
land and the school committee as to value of such land, case may be laid 
before a jury in the county superior court for settlement. 

Every person who shall willfully injure any public property shall be fined 
not less than twice the amount of such damage, unless such damage shall ex- 
ceed $20, in which case such person shall be imprisoned not exceeding one 
year. Every person who shall willfully interrupt any lawful meeting shall be 
Imprisoned not exceeding one year or be fined not exceeding $500. 

See also A (d). District boards and officers; A (f). Administrative units — 
districts, etc.; D (c), Care, sanitation, etc., of schoolhouses. 

South CaroUna: The county board of education shall annually set aside 5 per 
cent of all school funds of the county to aid in building schoolhouses; when 
any district shall raise funds for such purpose county board shall turn over 
to such district $50 for every $100 so raised, but no one school shall receive 
more than $300, except consolidated districts, which may receive $50 addi- 
tional ; not more than one school in any district shall receive aid in any one 
year. Plans for such schoolhouses must have approval of State board of 
education. 

See also A (d). District boards and officers. 

South Dakota: See A (d), District boards and officers; A (f). Administrative 
units — districts, etc. 

Tennessee: See A (cl), County boards; A (f), Administrative units — dis- 
tricts, etc. 

Texas: Common school district trustees shall contract for schoolhouses and 
superintend construction of same ; contract shall stipulate that no mechanic's 
lien shall hold against school property. On order of commissioners court 
trustees may sell school property; trustees shall control school property. 
Misdemeanor to loaf on school property while school is in session after being 
warned to leave by person in charge. 

See also C (c), Local taxation; D (c), Care, sanitation, etc., of school- 
houses. 

Utah: See A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; N (a), High schools. 

Vermont: When land has been selected as site for schoolhouse or for exten- 
sion of existing school site, and owner of such land shall refuse to sell same 
to town for a reasonable sum, the selectmen of town, or selectmen of a town 
adjoining an unorganized town or gore in which district is located, shall, upon 
due notice, take such land and pay for same ; time shall be allowed for owner 
of property to remove any movable property from such land; if owner of 
land shall refuse sum tendered for land, matter may be referred to one or 
more disinterested persons for settlement. Owner of land, if dissatisfied 
with offer of selectmen, may petition county court; said court shall appoint 



366 STATE LAWS RELATING TO PUBLIC EDUCATION. 

three disinterested commissioners to investigate claim and report to court. 
Title to such lands shall vest in the town or district for purposes aforesaid. 

See also A (f), Administrative units — districts, etc. 
Virginia: The district school board shall be a body corporate and the title to 
all property of the district shall vest in said board. When it shall be neces- 
sary for district school trustees to acquire real estate for school purposes, 
it shall be necessary to secure the approval of the title thereto by the circuit 
court or judge in vacation, but appeal may be taken to the supreme court. 
A school board may acquire property for school purposes by condemnation 
proceedings, when equitable arrangements for purchase can not be made with 
the owner, but not exceeding 1 acre in a town or 5 acres in the country shall 
be thus taken, and no dwelling, yard, garden, or orchard shall be invaded. 

Any school trustee may allow the use of the schoolhouse for community 
purposes ; upon his refusal and upon demand of five freeholders school board 
shall take action, and may or may not allow such use ; an appeal shall lie from 
district board to county school trustee electoral board, whose decision shall 
be final. 

Any person who willfully injures or defaces public property may, on con- 
viction, be fined not exceeding $300. 

See also C (b), Local bonds and indebtedness; D (b), State aid, approval 
of plans. 
Washington: School district may take land needed for schoolhouse sites or 
for additions to such sites. Whenever owners of such land refuse a reason- 
able price for the same, board of directors shall present a petition to the 
superior court setting forth the facts in the case. Due notice of such 
petition shall be given. Said court shall determine value of such land. 
Costs shall be paid by the school district. Appeal may be made from 
decision of superior court to State supreme court. 

School districts of first class may, through their directors, create and 
maintain a permanent insurance fund for said districts; said directors may 
instruct county treasurer to invest such fund. 

School boards in each district of the second or third class may provide 
for the use of school property for community purposes. Said boards may 
provide suitable dwellings and accommodations for teachers, supervisors, and 
assistants. Each district of second or third class, by itself or in combina- 
tion with other districts, may erect communal assembly places. All plans 
for carrying out powers granted by this act shall be submitted to and 
approved by board of supervisors composed of seven members, as follows: 
State superintendent of public instruction; head of extension department 
of Washington State College ; head of extension department of University of 
Washington; county superintendent of county where district is located; 
these four to choose a fifth member from county, and a sixth and seventh 
member from the district. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc.; B (a). General State finance and support. 
West Virginia: See A (c2), County officers; A (d). District boards and 

officers; H (f). Compulsory attendance; N (a), High schools. 
Wisconsin: Whenever a district shall have designated a schoolhouse site, or 
an addition thereto, at a lawful meeting, and such property, for certain 
reasons, can not be secured from the owner thereof, school board shall, 
when directed by the district, apply to town board or supervisors of town 
or towns interested, to acquire such site or addition by condemnation ; school 



D (b). STATE AID APPROVAL OF PLANS. 367 

sites must abut on a public highway; whenever site sought lies in an in- 
corporated village, application for condemnation shall be made to village 
board. Lawful notice shall be given to owners of land sought as school 
sites. Town board shall locate and establish such site, fix and award com- 
pensation for same, and register deeds of same. Any person aggrieved at 
such action of a town board may appeal to circuit court. No site shall 
contain more than 4 acres unless with consent of owner, except in 
counties having 150,000 population or more; land taken against will of 
owner, when no longer used for school purposes, shall revert to such owner. 
Circuit or county court may authorize parent or guardian of an infant who 
owns such property to execute lease for use of property as school site. 

All boards of education and school districts may mutually organize 
insurance companies for insurance of public-school buildings and their con- 
tents; any number of such boards and districts, not less than 25, may form 
corporation for such purpose. 

See also A (c2), County officers; A (d). District boards and officers; 
A (e), School meetings, elections, etc.; C (b). Local bonds and indebted- 
ness; H (e). Consolidation of districts, etc.; N (a). High schools; O (a), 
Industrial education, general. 
Wyoming: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; C (b). Local bonds and indebtedness. 



D (b) . State Aid; Approval of Plans. 

Alabama: Annual appropriation, $67,000 for aiding in erection and repair of 
rural schoolhouses ; not exceeding $1,000 annually shall be expended in one 
county; trustees of districts outside of incorporated municipalities having 
raised $100 by donation and subscription may apply for aid ; county board of 
education shall consider all applications ; county board shall record approved 
applications, amount in hands of district trustees, and amount recommended 
to be allowed district; amount recommended shall not exceed amount raised 
by district ; State superintendent shall prescribe plans ; site shall contain not 
less than 2 acres; county board of education shall report approved applica- 
tions with amounts allowed to State superintendent; on request of superin- 
tendent. State auditor shall draw warrant for amounts allowed; when 
county superintendent ascertains that required amount is raised by district 
and deed is made to State, warrant shall be delivered to district trustees; 
State superintendent shall keep account with each county ; forfeited warrants 
shall be returned to State superintendent ; unexpended balance of appropria- 
tion of $67,000 carried forward; this fund shall not be used for other pur- 
poses than the erection and repair of schoolhouses. 

Arkansas : See A ( c2 ) , County officers. 

California: See A (c2). County officers. 

Connecticut: See D (c). Care, sanitation, etc., of schoolhouses. 

Delaware: See A (bl), State boards; D (a). Buildings and sites, generaL 

Indiana: See D (a), Buildings and sites, general. 

Iowa: See A (b2). State officers; A (d). District boards and officers. 

Kansas: See D (c). Care, sanitation, etc., of schoolhouses. 

Louisiana: See D (c), Care, sanitation, etc., of schoolhouses. 



368 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Maine: See D (a), Buildings and sites, general. 

Massachusetts: See D (a), Buildings and sites, general. 

Minnesota: See A (b2). State officers; A (f), Administrative units — dis- 
tricts, etc. ; B (e), State aid for elementary education. 

Montana: See D (a), Buildings and sites, general. 

Nevada: See A (d), District boards and officers. 

New Jersey: See D (a), Buildings and sites, general. 

New Mexico: See B (a), General State finance and support. 

New York: See D (a), Buildings and sites, general. 

North Carolina: See A (cl). County boards. 

North Dakota: See A (d), District boards and officers; D (a). Buildings and 
sites, general. 

Ohio: See D (a), Buildings and sites, general. 

Oregon: See A (c2), County officers. 

Pennsylvania: See A (b2), State officers; D (a). Buildings and sites, general. 

South Carolina: See D (a), Buildings and sites, general. 

South Dakota: Xo schoolhouse shall be erected until tbe plans and specifica- 
tions thereof shall have been approved by the State superintendent of public 
instruction. 

Texas: See A (c2), County officers; D (c), Care, sanitation, etc., of school- 
houses. 

Utah: See A (d). District boards and officers. 

Virginia: Xo schoolhouse shall be erected until the location, plans, and 
specifications therefor have been approved by the division superintendent of 
schools, who is required to make special report on same to superintendent of 
public instruction. Said superintendent may condemn an unfit schoolhouse, 
and school shall not be taught therein until needed improvements are made. 
State board of ispectors of public buildings shall not approve the plans of 
any schoolhouse unless the same shall provide at least 15 square feet of 
fioor space and 200 cubic feet of air space for each pupil in each study or 
recitation room. Provision must be made for futnishing at least 30 cubic 
feet of pure air for each pupil every minute. Ceilings must be at least 12 
feet high. Arrangements shall be so as to facilitate egress in case of fire 
or accidents. Light must be admitted from the left or left and rear of 
pupils. Two suitable and separate outhouses or water-closets shall be pro- 
vided. The State board of health may make rules and regulations provid- 
ing for the sanitation and disinfection of public buildings and may provide 
for the segregation and care of persons having or suspected of having a 
communicable disease ; misdemeanor to violate rules of State board of health. 
Xo district shall receive any county or State funds until proper schoolhouses 
are provided. 

See also A (f). Administrative units — districts, etc.; C (b), Local bonds 
and indebtedness. 

Washington: See A (c2). County officers; A (d), District boards and officers; 
B (e), State aid for elementary education. 

West Virginia: See A (d), District boards and officers. 

Wisconsin: See H (e). Consolidation of districts, etc. 



D (C). SANITATION, ETC., OF SCHOOLHOUSES. 369 

D (c) . Decoration, Care, Sanitation; Inspection; Fire Escapes. 

See also J (b), Medical inspection. 

Arkansas: See A (bl), State boards. 

Connecticut: Every building used as a schoolliouse which is two or more 
stories in height and in which any story actually used or occupied by pupils 
is 10 or more feet above the adjoining ground shall be provided with at least 
one fire escape for each 250 pupils or fractional part thereof; but this sec- 
tion shall not apply to two-story buildings having fireproof halls and two or 
more exits on the ground floor opening out. Chief of fire department of any 
city or borough and State board of education shall enforce the provisions of 
this act. Chief of fire department or principal or superintendent of a school 
may, with approval of any agent of the State board of education, exempt 
from the provisions of this act any schoolhouse which has two or more ways 
of egress on the inside. 

See also J (a). Health, general. 

Delaware: See A (cl), County boards. 

Florida: All public school buildings of two or more stories in height shall 
be provided by county board of education with adequate stairways or fire 
escapes for use in case of fire. State superintendent shall formulate and 
prescribe tactics of instruction for fire drills, and each teacher shall instruct 
pupils in such drills. 

Idaho: See A (bl), State boards; A (c2), County officers. 

Illinois: See A (d), District boards and officers. 

Indiana: See D (a), Buildings and sites, general; J (a), Health, general; 
J (b). Medical inspection. 

Kansas: In all public and private schoolhouses of more than one story doors 
shall open outward. In such schoolhouses having two or more stories every 
story above first shall be provided with two or more exits separate from those 
of lower floor or with fire escapes. In all such schoolhouses furnaces shall 
be covered with asbestos or masonry. Plans of schoolhouses of two or more 
stories must have approval of State architect. Coimty superintendent shall 
annually inspect schoolhouses under his supervision. Mayor or fire marshal 
shall inspect public and private schoolhouses in cities of second class, and 
fire marshal shall inspect such buildings in cities of the first class. Monthly 
fire drills shall be held in public and private schools of over 100 pupils. 

Louisiana: All doors for ingress and egress to public schoolhouses and of 
all other buildings of public resort whatever shall be swung so as to open 
outward. All plans for schoolhouses must have approval of parish (county) 
superintendent and State superintendent. 
See also J (a), Health, general. 

Maine: Schoolhouses shall be provided with proper egresses or means of 
escape from fire; each building with more than one story shall be provided 
with at least two separate means of egress by inside or outside stairway; 
stories above first shall be supplied with means of extinguishing fire ; specifi- 
cations herein named shall be met by municipal officers. Doors shall open 
outward. 

Maryland: See A (d), District boards and officers. 

Massachusetts: See D (a), Buildings and sites, general; J (b). Medical 
inspection. 

3966°— 15 24. 



370 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Michigan: Factory inspectors may condemn unsafe schoolhouses ; they may 
require that schoolhouses two or more stories high be provided with fire 
escapes. 

Minnesota: See A (c2), County officers; A (d), District boards and officers. 

New Hampshire: See D (a), Buildings and sites, general. 

New Jersey: See D (a), Buildings and sites, general; J (a). Health, general. 

New York: See D (a). Buildings and sites, general; J (b), Medical inspection. 

North Dakota: See A (d), District boards and officers; J (b), Medical in- 
spection. 

Ohio: See D (a), Buildings and sites, generaL 

Oklahoma: Every school building three or more stories high shall have one 
or more metallic fire escapes; the number, character, and location of such 
fire escapes shall be determined by the proper authorities in city or town 
where such buildings are located ; all buildings used for dormitories, schools, 
or seminaries over two stories high shall have one fire escape for every thirty 
persons for whom sleeping or living accommodations are provided above the 
second stories of said buildings. Any violation of this act shall constitute a 
misdemeanor. 

Pennsylvania: See A (bl), State boards; D (a). Buildings and sites, general; 
J (b), Medical inspection. 

Rhode Island: Every building three or more stories in height, used for edu- 
cational, factory, or hotel purposes, shall be provided with adequate metallic 
fire escapes or incumbustible stairs and with proper exits to such escapes or 
stairs ; no obstruction of any kind shall be placed in any passageway leading 
to any exit or fire escape; all exit doors and windows shall open outward; 
exit doors and windows shall not be locked during working hours. The 
proper official shall be admitted to any of said buildings at any time to see 
that these provisions are carried out. 
See also J (b). Medical inspection. 

South Carolina: See J (a). Health, general. 

South Dakota: See A (c2), County officers. 

Texas: No pupil in a classroom or study hall shall sit facing a window; 
window shall be not lower than 31 feet from the floor and shall extend to 
within 6 inches of ceiling; window space shall not be less than one-sixth 
of floor space ; main light shall come from left of pupils as they sit ; all stoves 
and other sources of direct heat shall be so jacketed or ventilated that heat at 
nearest desk shall not be more than 5 degrees greater than at the farthest 
point of the room ; all sources of direct hfeat shall be equipped with automatic 
temperature regulators; ventilation of 30 cubic feet of fresh air per pupil 
per minute shall be provided ; interior woodwork shall be free from fleetings, 
etc., which may catch dust and floors shall with oil be made impervious to 
water; all buildings of two or more stories shall have at least two widely 
separated stairways; doors shall open outward; plans of building costing 
more than $400 shall have approval of county superintendent if for a common- 
school district or of district or city superintendent if for an independent 
district or city ; no school funds shall be paid for such building until required 
approval is secured. 

See also J (a), Health, general. 

Virginia: It shall be the duty of the owner or owners of all factories, work- 
shops, hotels, schoolhouses, and hospitals over three stories in height, and 



D (d). PEOIQBITION DISTBICTS- 371 

theaters and public places of amusement, to provide fire escapes for the same. 
See also D (b), State aid, approval of plans. 

Washington: See I (d), Fire drills. 

West Virginia: See J (a), Health, general; J (b), Medical inspection. 

Wisconsin: Doors of all schoolhouses shall open outward; this provision does 
not apply to rural schoolhouses of but one story in height. Proper fire escapes 
shall be provided for schoolhouses. Any person who shall injure any school, 
State, or other public property shall be punished by imprisonment for not 
more than six months or by fine not exceeding $100. 
See also J (a). Health, general. 



D (d) . Prohibition Districts. 

See also U (b), Wrongs to children. 

Connecticut: See J (a), Health, general. 

Florida: It shall be unlawful to sell intoxicating liquors within 4 miles of a 
building used for educational purposes. Exception : Incorporated towns and 
cities; shall not modify local-option law; manufacturing of domestic wines; 
hotels having 25 or more rooms; social clubs legally incorporated; localities 
where liquors are now sold within 500 feet of incorporated towns; saloon in 
town of 200 or more inhabitants where such saloon is only one within 50 miles. 

Kentucky: See H (c), School year, month, day, etc. 

Minnesota: See A (d), District boards and officers. 

Mississippi: See P (c), State universities and colleges. 

Missouri: See P (c), State universities and colleges. 

Nevada: It shall be unlawful for any house of ill fame to be established 
within 400 yards of any public school. Any violation of this provision shall 
be deemed a misdemeanor ; any officer of the law neglecting to carry out these 
provisions shall be deemed guilty of a misdemeanor in office. 

New Hampshire: See D (a), Buildings and sites, general. 

New Mexico: See H (c), School year, month, day, etc. 

New York: No liquor shaU be sold within 200 feet of any church or school- 
house, except in such places which shall have been established prior to March 
23, 1896. 

Rhode Island: No license shall be granted for sale of alcoholic liquors in any 
place, except taverns licensed on May 22, 1908, within 200 feet, measured by 
any public-traveled way, of the premises of any public or parochial school. 

South Dakota: No license for the sale of intoxicating liquors shall be granted 
within one-third of a mile of any college or academy which gives instruction 
in regular classical and scientific courses. 

Washington: No intoxicating liquors shall be sold within 2,000 feet of any 
normal school, agricultural college, reform school, or State school for defective 
youth; a violation of this provision shall be deemed a misdemeanor, punish- 
able by fine of not less than $200 nor more than $1,000, or by both fine and 
imprisonment. 

Wisconsin: No license shall be granted for sale of liquor within 300 feet of 
any school to any saloon established after 1907, unless a school has been built 
within 300 feet since the saloon was established. 



372 STATE LAWS KELATING TO PUBLIC EDUCATION. 

D (e). United States Flag in Schools. 

Arizona: School boards shall display the United States flag on or near each 
schoolhouse during school hours; State superintendent shall prepare a pro- 
gram for a salute to the flag and for the observance of Washington's Birthday, 
Lincoln's Birthday, Memorial Day, and Flag Day; he may apportion school 
funds for the expense of patriotic exercises. 

California: See A (d), District boards and ofllcers. 

Colorado: School boards may provide every school with an American flag, 
flagstaff, etc. ; said flag may be provided for every department of a public 
school in the State. A State flag is adopted. 

Connecticut: See A (d), District boards and officers. 

Delaware: See A (cl), County boards. 

Idaho: See A (d), District boards and officers. 

Illinois: See A (d), District boards and officers. 

Indiana: On i)etition of a majority of the patrons, school boards shall provide 
a United States flag for each school in their charge ; said boards shall cause 
the flag to be displayed on every schoolhouse while the schools are in session. 

Iowa: Boards of school directors shall provide a flag for each schoolhouse 
and cause the same to be displayed thereon during school hours. 

Kansas: School authorities shall display an American flag on or near each 
schoolhouse while schools are in session. State superintendent shall prepare 
a suitable program for saluting the flag and for patriotic exercises, and shall 
provide for the observance of Lincoln's Birthday, Washington's Birthday, 
Memorial Day, and Flag Day. 

Maine: Municipal officers of cities, towns, and plantations shall furnish United 
States flags to all public schools. 

Massachusetts: The school committee of every city and town shall provide 
for each schoolhouse a United States flag, and said flag shall be displayed on 
the schoolhouse or grounds every day when the weather permits and on the 
inside of the schoolhouse on other days. 

Michigan: School boards shall provide a United States flag and cause the 
same to be displayed on, near, or within each school building. 

Montana: See A (d), District boards and officers. 

Nevada: See L (a), Course of study. 

New Hampshire: School boards shaU provide a United States flag for each 
schoolhouse and shall make rules for the display thereof. 

New Jersey: Every board of education shall procure a United States flag and 
cause the same to be properly displayed on or near public-school building. 

New Mexico: Boards of directors of the various districts shall provide out 
of district funds United States flags for school buildings; said flag shall be 
properly displayed; directors shall establish rules and regulations for the 
care, custody, and display of the flag. 

New York: School authorities of every public school shall purchase and 
display a United States flag upon or near the school building during school 
hours and at such other times as they may direct. 

North Dakota: Each school board shall provide a United States flag and 
cause the same to be displayed on the schoolhouse or flagstaff during clement 
weather. 

Ohio: See D (a). Buildings and sites, general. 



E (a). TEACHEES' QUALIFICATIONS, GENERAL. 373 

Oklahoma: See A (bl), State boards. 

Oregon: See A (d), District boards and officers. 

Pennsylvania: See D (a), Buildings and sites, general. 

Rhode Island: See A (d), District boards and officers. 

South Carolina: The State flag sball be displayed daily, except in rainy 
weatber, upon one building of the university and each State college and upon 
every public school building when the school is in session. 

South Dakota: School boards may provide a flagpole for the display of the 
United States flag when public schools are in session ; such flag shall be dis- 
played at every public school except in inclement weather. 

Utah: Board of education or school trustees of every district shall provide 
each schoolhouse with a suitable flagpole and cause the American flag to be 
displayed thereon during daylight hours of every legal holiday, February 12, 
and Flag Day. 

Vermont: School directors or like authorities shall cause a United States 
flag to be displayed on building or premises of each school during school 
hours; any person who violates this provision shall be fined not exceed- 
ing $10. 

Washington: See A (d). District boards and officers. 

West Virginia: Board of education may out of building fund purchase United 
States flags and require same to be displayed over schoolhouses while school 
is in session. 

Wisconsin: See A (d), District boards and officers. 

Wyoming: Board of trustees shall while schools are in session cause American 
flag to be displayed on every schoolhouse or on a flagstaff belonging thereto. 



E. THE EXAMINATION AND CERTIFICATION OF TEACHERS. 



(a) Teachers: Qualifications, General. 

See also E (b), Teachers' certificates, general. 

Alabama: See E (.b ), Teachers' certificates, general; G (d), Teachers' institutes 
and summer schools. 

Arizona: See A (bl). State boards; A (c2), County officers; E (b), Teachers' 
certificates, general. 

Arkansas: See A (b2), State officers; A (c2), County officers; A (f), Ad- 
ministrative units — districts, etc.; E (e), Recognition of normal and college 
diplomas. 

California: In every city of the first, second, or third class, and in every city 
and county there may be a board of examiners; such shall be composed of 
superintendent and four experienced teachers elected by board of education 
and holding office four years; meetings held annually and at the call of 
superintendent. Powers and duties: To make rules and regulations for its 
own government; examine applicants and grant grammar school certificates 
and special certificates ; revoke certificates for cause ; grant certificates with- 
out examination, in same manner as county boards; holders of city or city 
and county certificates shall be entitled to teach in territory in district in 
which certificate is granted, and when elected shall be dismissed only for 



374 STATE LAWS EELATING TO PUBLIC EDUCATION. 

cause. City superintendents elected by school boards shall be elected for 
four years, and such boards may fix salaries of all employees. Holders of 
special certificates shall teach special branches mentioned in their certificates. 
Board of education shall fix compensation of examining board. 

See also A (bl), State boards; A (cl), County boards; A (c2), County offi- 
cers; F (a), Teachers' contracts, duties, etc.; G (d), Teachers' institutes and 
summer schools; L (a), Course of study. 

Colorado: See A (bl), State boards; A (b2). State officers; E (b). Teachers' 
certificates, general; G (b), Normal schools; G (d). Teachers' institutes and 
summer schools. 

Connecticut: See A (bl). State boards; E (b). Teachers' certificates, general. 

Delaware: See A (bl), State boards; A (c2), County officers. 

Florida: See A (b2), State officers; G (d), Teachers' institutes and summer 
schools. 

Georgia: See A (bl), State boards; A (b2), State officers. 

Idaho: See A (bl). State boards; A (c2). County officers; E (b), Teachers' 
certificates, general. 

Illinois: See A (b2), State officers; A (c2). County officers; A (d), District 
boards and officers; E (b), Teachers' certificates, general. 

Indiana: See A (bl,) State boards; A (f). Administrative units — districts, 
etc.; E (b). Teachers' certificates, general. 

Iowa: See A (b2), State officers; E (b). Teachers' certificates, general; F (b), 
Teachers' salaries; G (c), County and local normal schools. 

Kansas: See A (c2), County officers; A (f), Administrative units — districts, 
etc.; E (b), Teachers' certificates, general; G (b). State normal schools. 

Kentucky: See A (b2), State officers; A (c2). County officers; A (d). District 
boards and officers; E (b). Teachers' certificates, general; G (b). State nor- 
mal schools; P (c). State universities and colleges. 

Louisiana: See A (d), District boards and officers; E (b). Teachers' cer- 
tificates, general. 

Maine: See A (f), Administrative units — districts, etc.; E (b), Teachers' 
certificates, general. 

Maryland: See E (b), Teachers' certificates, general. 

Massachusetts: See A (d). District boards and officers; N (a), High schools. 

Michigan: See G (c), County and local normal schools; G (d). Teachers' 
institutes and summer schools. 

Minnesota: See A (c2), County officers; -A (f). Administrative units — dis- 
tricts, etc.; B (e). State aid for elementary education; E (b). Teachers' cer- 
tificates, general. 

Mississippi: See A (bl), State boards; A (b2). State officers; A (c2). County 
officers; E (b), Teachers' certificates, general; F (b). Teachers' salaries; G 
(b). State normal schools; G (d), Teachers' institutes and summer schools; 
N (a). High schools. 

Missouri: See A (b2), State officers; E (b). Teachers' certificates, general; 
G (b), State normal schools; G (c). County and local normal schools. 

Montana: See A (bl). State boards; A (b2), State officers; A (c2). County 
officers; A (d). District boards and officers; E (b). Teachers' certificates, 
general; F (a). Teachers' contracts, duties, etc.; G (d), Teachers' institutes 
and summer schools. 

Nebraska: See E (b), Teachers' certificates, general. 



E (a). TEACHEKS' QUALIFICATIONS, GENEKAL. 375 

Nevada: See A (b2), State officers; E (b), Teachers' certificates, general; 
G (c), County and local normal schools; P (c), State universities and col- 
leges. 

New Hampshire: See A (d), District boards and officers. 

New Jersey: See A (bl), State boards. 

New Mexico: See A (bl), State boards; E (b), Teachers' certificates, general. 

New York: See A (d), District boards and officers; E (b), Teachers' cer- 
tificates, general. 

North Carolina: See E (b). Teachers' certificates, general; O (b), Agri- 
cultural schools. 

North Dakota: See A (bl), State boards; A (c2). County officers; E (b), 
Teachers' certificates, general; G (d), Teachers' institutes and summer 
schools; 0(b), Agricultural schools. 

Ohio: See E (b), Teachers' certificates, general. 

Oklahoma: See A (bl), State boards; A (f), Administrative units — districts, 
etc.; E (b), Teachers' certificates, general; G (b), State normal schools; G 
(d), Teachers' institutes and summer schools; L (j). Agriculture. 

Oregon: See A (bl), State boards; A (cl), County boards; E (b), Teachers' 
certificates, general. 

Pennsylvania: See A (f), Administrative units — districts, etc.; E (h). 
Teachers' certificates, general; F (a), Teachers' contracts, duties, etc. 

Rhode Island: E (b). Teachers' certificates, general. 

South Carolina: See A (bl). State boards; A (cl), County boards; A (d), 
District boards and officers. 

South Dakota: See A (b2). State officers; A (c2), County officers; A (f), 
Administrative units — districts, etc. 

Tennessee: See A (b2). State officers; B (a), General State finance and 
support; E (b). Teachers' certificates, general; F (a), Teachers' contracts, 
duties, etc.; N (a), High schools. 

Texas: See E (b). Teachers' certificates, general; F (b). Teachers' salaries. 

Utah: See A (f). Administrative units — districts, etc.; E (b). Teachers' cer- 
tificates, general. 

Vermont: See A (d), District boards and officers; E (b), Teachers' certificates, 
general; L (a), Course of study. 

Virginia: See A (bl), State boards. 

Washington: All certificates in force at time this act goes into effect shall 
continue in force as if these provisions had not been enacted. All certificates 
and diplomas, except temporary certificates, and special certificates, shall be 
issued or countersigned by the superintendent of public instruction. The fee 
for any certificate or renewal of certificate, or any life diploma, or other 
instrument giving authority to a person to teach in public schools, shall be 
$1, to be placed to credit of institute fund. No person less than 18 years 
old shall receive any certificate to teach in public schools, and no person less 
than 19 years old shall receive any certificate other than a temporary, a 
third grade, or a second grade. Before registering any certificate, county 
superintendent shall satisfy himself that holder is of good moral character 
and personal fitness. Any person who receives 90 per cent or over on any 
subject or subjects at any regular examination shall not again be required 
to take examination in such subject or subjects so long as he is actively 
engaged in educational work; the holder of any common-school certificate 



376 STATE LAWS RELATING TO PUBLIC EDUCATION. 

may write on one or more subjects at any examination for purpose of secur- 
ing credits, and when sufficient credits have been earned the proi^er certificate 
shall be issued. State board of education shall prepare a list of optional 
subjects for each grade of certificate above the second. Credits of 90 per 
cent or over on a valid certificate issued by another State may be credited by 
State board of education of Washington. Every certificate issued by State 
shall show subjects and standings in each. All certificates issued by super- 
intendent of public instruction shall be valid in any county of the State. 
Temporary certificates shall be issued in accordance with rules and regula- 
tions of State board of education. 

See also A (bl), State boards; A (b2), State officers; A (c2), County offi- 
cers; B (a), General State finance and support; E (b), Teachers' certificates, 
general; G (b), State normal school; G (d), Teachers' institutes and summer 
schools. 

West Virginia: See A (bl), State boards; E (b), Teachers' certificates, gen- 
eral; G (d), Teachers' institutes and summer schools; P (c), State universi- 
ties and colleges; Q (b). Agricultural colleges. 

Wisconsin: See E (b), Teachers' certificates, general. 

Wyoming: See E (b). Teachers' certificates, general. 



E (b) . Teachers' Examinations and Certificates, General. 

Alabama: State board of examiners: State superintendent who shall be presi- 
dent, and two competent teachers appointed by him; questions prepared by 
board of examiners and sent sealed to person appointed to hold examination ; 
a misdemeanor to buy, steal, etc., examination questions ; examinations, third 
Mondays in April, July, and December, and may continue three days. Board 
of examiners may issue temporary certificates good in county where desired 
and until final report of results of next regular examination. Examination 
conducted by county superintendent or by appointee of State board; begins 
at 11 a. m. ; questions opened by examiner in presence of applicants ; fees 
third grade, $1 ; second grade, $1.50 ; first grade, $2 ; life certificate, $3 ; fe^s 
paid into general education fund. Salary of secretary of board, $2,400 ; other 
appointed members, $1,200 each. County superintendent shall receive $10 for 
holding examination; assistants, $5 each. Teachers shall receive no assist- 
ance on examinations; each applicant shall sign a statement that no assist- 
ance has been received; persons admitted to examination shall be of good 
moral character. Certificates shall be life, and first, second, and third 
grades; grade of less than 50 per cent in any subject a failure; a general 
average of 75 per cent in all subjects must be made; subjects required for 
each grade of certificate prescribed by law ; answers to questions forwarded 
by examiner to State board; State board shall examine and grade papers;, 
secretary of board shall issue certificates to successful applicants; j^apers 
shall be kept by State superintendent for six months. Duration: Third grade, 
two years ; second grade, four years ; first grade, six years. Life certificates 
granted to proficient teachers of five years' experience while holding first 
grade. State superintendent may revolie certificate for cause. Secretary of 
board of examiners shall keep register of licensed teachers; separate dis- 
tricts of 2,000 or more inhabitants may prescribe additional qualifications. 
Teachers shall give instruction as to nature of alcohol, tobacco, etc. ; instruc- 
tion- in agriculture shall be given in all public schools; teacher shall keep 
register of attendance; teacher shall make monthly report to county super- 
intendent. 



E (b). TEACHEES' CEKTIFICATES^ GENEKAL. 377 

Applicants for third-grade certificates shall be examined in orthography, 
reading, penmanship, grammar, practical arithmetic, United States history, 
geography, elementary principles of physiology and hygiene, agriculture, and 
theory and practice of teaching; for second-grade certificates, in all fore- 
going branches, with additional requirements in arithmetic, history of Ala- 
bama, English grammar and literature, intermediate geography, United States 
histoi-y and civics, and class management; for first-grade certificates, in all 
the foregoing branches, and also in algebra, geometry, physics, elementary 
psychology, the school laws of Alabama, and advanced English ; for life cer- 
tificate, the history of education. 

Arizona: State board of examiners shall consist of the State superintendent 
and two competent persons appointed by him ; superintendent shall be chair- 
man; at least four meetings shall be held each year. Powers: To adopt rules 
governing the examination of applicants for State teachers' certificates ; pre- 
pare questions and forward them to county superintendents to be used by 
them in examination of applicants to teach ; grant recommendations for life 
certificates ; grant all certificates, except life certificates, as provided in this 
chapter. Every applicant for a first-grade certificate shall be examined in 
algebra, geography, history and. civics, physiology and hygiene, orthography, 
penmanship, composition, reading, methods of teaching, grammar, arithmetic, 
and school laws of Arizona. Applicants for second-grade certificate shall 
not be required to pass examination in algebra and elementary physics. 
Each member of board shall receive $300 per annum and actual traveling 
expenses. 

Following certificates shall be issued: Second grade, valid for two years, 
nonrenewable, entitling holder to teach in common schools of the State; 
primary, valid for four years, issued to graduates of schools accredited by 
State board of education and entitling holder to teach in primary grades; 
first grade, valid for four years and. entitling to teach in any public school, 
issued to persons over 18 years old who pass examination in required sub- 
jects and renewable after two years of successful experience. First-grade 
certificates may be issued without examination to (1) graduates of State 
normal or other normal schools accredited by State board of education, (2) 
graduates of accredited universities and colleges, (3) holders of life certifi- 
cates or equivalent credentials from other States. Life certificates may be 
issued to holders of first grade who have taught 15 years, at least 10 of which 
shall have been in the State, and who pass examination in psychology, peda- 
gogy, and school management. Special certificates may be granted to per- 
sons holding satisfactory credentials or passing examination in special sub- 
jects, and such certificate shall be valid only for special subject for which 
certificate is granted. Certificates issued by State board of education or 
board of examiners must have signature of State superintendent. 

Arkansas: See A (bl). State boards; A (c2), County officers; A (f). Adminis- 
trative units — districts, etc. ; G (d), Teachers' institutes and summer 
schools; N (a), High schools. 

California: See A (bl). State boards; A (el). County boards; E (a), Teachers' 
qualifications, general. 

Colorado: On the third Thursday in August, December, and March, county 
superintendent shall hold an examination of persons over 18 years old who 
are applicants to teach. Examination to be held in spelling, reading, writing, 
arithmetic, English grammar, geography, history. United States and Colorado 
constitutions, civics, physiology, natural sciences, theory and practice of 



378 STATE LAWS RELATING TO PUBLIC EDUCATION. 

teaching, and school law. If applicant is to teach in a school of high grade, 
the examination shall include such additional branches of study as are to be 
taught in such school. If satisfied of applicant's competency to teach and of 
his moral character, superintendent shall issue a certificate to said applicant. 
He may in emergency indorse and make valid a county certificate issued in 
this or another State; such indorsement shall be good until the next regular 
examination. 

Certificates issued by county superintendent shall be first grade, valid for 
three years and may be renewed by such superintendent ; second grade, valid 
for 18 months; third grade, valid for nine months. Grade of certificate de- 
termined by grade made on examination. Not more than two third-grade 
certificates shall be issued to the same person. County superintendent may 
issue a first-grade nonrenewable certificate to the holder of such a certifi- 
cate secured by examination in another county; he may revoke any 
certificates for cause. County superintendent shall hold examinations with 
questions prepared by the State superintendent. In case a certificate is re- 
voked or refused by the county superintendent, aggrieved applicant or teacher 
may appeal to the State board of education. In a school district of the first 
class, the examination may be conducted by the school board and certificates 
valid in said district may be issued by said board. 

Each public-school teacher must have a license to teach issued by proper 
authority, but a certificate shall not be required of teachers of music, draw- 
ing, or modern languages only. 

See also A (bl), State boards; G (b). State normal schools. 
Connecticut: School visitors, town school committees, or boards of education 
shall, as a board or by committee appointed, examine all persons desiring to 
teach in the public schools, and grant certificates to those of approved char- 
acter who are qualified to teach reading, writing, arithmetic, grammar, 
geography, history, and the rudiments of drawing if required; such certifi- 
cate shall authorize holder to teach in any public school of the town or dis- 
trict so long as desired without further examination unless specially ordered ; 
such certificate may limit the authority to teach to a specified time or a 
specified school. Certificates for grades above the third shall cover physi- 
ology and hygiene. If a person is found qualified to teach any subject other 
than those required, such subject shall be named in the certificate. Board 
may revoke certificate for cause. The State board of education may, upon 
public examination in such branches and upon such terms as it may prescribe, 
grant a certificate to teach in any public school in the State and may revoke 
the same. No teacher shall be employed in any school receiving any portion 
of the public money unless such teacher shall hold a certificate as provided in 
this act. Town school committees, boards of education, and high school and 
district committees, unless otherwise directed by the district or ordered by 
the town, shall employ and dismiss teachers for their respective towns or dis- 
tricts. No school visitor or town committeeman shall be elected teacher. 
Each teacher shall keep a register as required by law and shall deliver the 
same to the secretary of the school board. 

See also A (bl), State boards; A (d). District boards and officers; A (f). 
Administrative units — districts, etc. 

Delaware: See A (bl). State boards; A (cl). County boards; A (c2). County 
officers. 

Florida: There shall be held in each county two examinations each year of 
applicants to teach; such examinations shall begin on Tuesday after first 
Monday in June and September and may continue longer than one day; only 



E (b). TEACHEES^ CERTIFICATES^ GENERAL. 379 

one shall be held in a county if two be found unnecessary ; at least one shall 
be held at the county seat ; State superintendent may order examinations on 
days other than those prescribed above. Candidates for third, second, and 
first grade certificates shall be examined by county superintendent with 
questions prepared by State superintendent ; seal on questions shall be broken 
on morning of examination in presence of applicants. Examiner shall desig- 
nate each paper turned in by a number and shall deliver all papers to a 
grading committee. No person shall be permitted to teach in the public 
schools who does not hold a certificate granted under this act, but county 
superintendent may hold a special examination and grant temporary certifi- 
cate valid until next regular examination, if applicant gives satisfactory 
reason for not attending last regular examination, but a second temporary 
certificate shall not be issued to same person. Certificates shall be of seven 
grades, namely, third grade, second grade, first grade, primary, special, 
State, and life. Each applicant shall present evidence of good moral charac- 
ter and shall pay a fee of $1 to be placed to credit of county school fund. 
Branches required in examination for third grade: Spelling, reading, geog- 
raphy, arithmetic, English grammar, United States history, physiology, theory 
and practice of teaching, composition, agriculture, and civics; no grade shall 
be below 40 per cent, and average grade made shall be 60 or more; valid 
for two years. Requirements for second grade: Satisfactory examination in 
branches required for third grade, with no grade below 60, and an average 
grade of 75 or more; valid for four years. Branches required for first grade: 
Same as required for third grade, and, in addition, algebra and physical 
geography ; no grade shall be below 60, and a general average of 85 or more 
must be made; valid for five years. Primary certificate: Applicant must 
make a general average of at least 85 per cent in oral and written examina- 
tion on primary studies and methods as State superintendent may prescribe; 
valid for four years in first, second, and third grades of school. A special 
certificate may be issued by State superintendent to applicant showing fitness 
for teaching any one or more branches not included in requirements for 
second-grade certificate and making a grade of not less than 90 on branches 
prescribed by State superintendent; valid for five years for teaching branches 
for which issued. A State certificate may be issued to applicant who shall 
have -taught 24 months, 8 under a first-grade certificate, in Florida, and 
who shall have passed an examination conducted by the State superintendent 
on geometry, trigonometry, physics, botany, zoology, Latin, rhetoric, English 
literature, psychology, and general history, and shall have made an average 
grade of 85, with a grade in no branch below 60 ; valid for five years through- 
out the State. A life certificate valid throughout the State may without exam- 
ination be issued by State superintendent to applicant holding a State cer- 
tificate who has done high-school or college teaching in the State for 18 
months, and who has shown eminent ability in teaching. A first, second, or 
third grade certificate may be indorsed by county superintendent and made 
valid for unexpired term in county of said superintendent. When the holder 
of a first-grade certificate shall present evidence of having taught 20 years in 
the State, 9 of which shall have been since January 1, 1894, and shall present 
evidence of good character and success in teaching, county superintendent 
may indorse said certificate and give it perpetual validity in county where 
indorsed; when teacher has taught six years under first-grade certificates, 
the average grade of such certificates being not less than 90 per cent, issued 
since January 1, 1894, county superintendent may issue to said teacher a first- 
grade certificate good throughout the State and of perpetual validity in the 



380 STATE LAWS RELATING TO PUBLIC EDUCATION. 

county where issued. When holder of a primary certificate shall present 
evidence to State superintendent of having taught four years under such cer- 
tificate, said superintendent may indorse said certificate, making it valid 
during the life of the holder. Certificate of any grade may be revoked for 
cause by authority issuing the same or by State superintendent. County 
board of education shall before each examination appoint three teachers hold- 
ing the highest grade certificates in the county as a grading committee to 
grade examination papers; after papers are graded county superintendent 
shall for first time make known to grading committee the name correspond- 
ing to number on papers of each person examined. Questions and answers 
shall be filed in county superintendent's office for at least one year; any 
applicant dissatisfied with grading may appeal to State superintendent. Com- 
mittee shall each receive $2 per day and 5 cents each way per mile traveled 
(one trip), but for not exceeding five days. It is unlawful for any school 
officer to divulge examination questions, or for applicant to gain possession of 
the same, or for any person to have questions in his possession except as pro- 
vided in this act. All graduates of the normal or college departments of the 
University of Florida and College for Women and of any other college or 
university in the State that will submit to such inspection and regulation as 
the State board of education and State board of control may prescribe are 
granted a State certificate, but one-fifth of time of college departments must 
be devoted to professional training, and in examinations taken by applicant 
at close of junior and senior years a grade of at least 85 per cent must be 
made. 

See also A (b2), State officers; G (d), Teachers' institutes and summer 
schools. 
Georgia: The county superintendent of schools shall examine all applicants 
for teachers' licenses. Applicants for license to teach in the common schools 
shall be examined in spelling, reading, writing, English grammar, geog- 
raphy, arithmetic, theory and practice of teaching, and physiology and hy- 
giene. State superintendent shall fix date of examination to be held through- 
out the State; he shall prepare questions, and county superintendent shall 
grade papers under instruction of State superintendent. No examination 
shall be held at other time than that designated by State superintendent, 
unless county board of education shaU declare an emergency; for such 
special examination county superintendent shall prepare questions; license 
shall be valid only until next regular examination and in county where issued. 
County superintendent shall grade papers and submit his gradings to county 
board of education, who shall issue licenses of first, second, or third grade, 
according to qualifications of applicants ; "each applicant shall attain at least 
the lowest grade fixed by the State superintendent of schools. Duration of 
licenses : First grade, three years ; second grade, two years ; third grade, one 
year. License issued upon regular examination may be. valid in another 
county by indorsement of the superintendent thereof. All students or grad- 
uates of any school, college, or other institution of learning shall be required 
to stand examination provided by law before being permitted to teach in the 
common or public schools; laws authorizing such students or graduates to 
teach without examination are repealed. County superintendent may for 
cause revoke any licenses issued by himself or his predecessors ; appeal from 
such action may be taken to county board of education, whose decision shall 
be final. Whoever shall forge or counterfeit a teacher's license shall be 
guilty of a felony. Teachers in municipal schools or other local systems pro- 
vided by law shall stand examinations under regulations of State superin- 



E (b). TEACHERS^ CERTIFICATES, GENERAL. 381 

tendent and State board of education, but where municipal system maintains 
standards of qualifications approved by State board said board may delegate 
to said municipal system authority to examine and certificate its own teachers. 
(State board of education is authorized to provide a system of certification 
of teachers. The following certificates are provided for under regulations of 
said board: Primary, general elementary, professional elementary, profes- 
fessional secondary, and special-subject certificates.) 
See also A (bl), State boards; A (b2). State officers. 
Idaho: Holder of a certificate must be a citizen of the United States, or must 
have declared intention to become one. Examinations for State and State 
life certificates shall be held on fourth Thursday of February and August; 
county superintendent shall hold examination ; questions shall be such only 
as are sent under seal of State board of education; county superintendent 
shall return papers to State superintendent for grading. State certificates 
shall be State certificates and specialists' State certificates, valid for eight 
years, and life certificates ; State board of education may issue State certificates 
to graduates of approved normal schools, colleges, and universities and to 
holders of State certificates in other States, but applicants must have taught 
within last two years, must have had 18 months' experience in teaching, and 
must stand examination in State school law, constitution, and manual of 
course of study. State board may issue specialists' State certificates to 
teachers of special subjects, as manual training, etc., but applicant must have 
completed at least a two-year course in his specialty and must have academic 
preparation equal or superior to graduation from an approved high school. 
Graduate of approved college or university of the State who holds certificate 
that he has completed required course in department of education or has 
taught two years in a public school of the State may be granted a State cer- 
tificate. State board may issue life certificate to holder of life certificate of 
another State if applicant has taught five years, two in Idaho, and stands 
examination in State school law, constitution, and manual of course of study. 
State board shall issue a State certificate to applicant passing examination in 
branches prescribed by such board, but applicant must have taught at least 
three years and hold a first-grade county certificate. State board shall issue 
a life certificate to holder of a State certificate passing examination in such 
branches as board directs, but applicant must have taught at least five years, 
two in the State. State board may issue high-school certificates to graduates 
of approved colleges who have had one year post-graduate work in education, 
including one year of practice teaching, and who have had two years' expe- 
rience, or to holders of State high school five-year certificates with 10 years' 
experience. State high school five-year certificates may be issued to grad- 
uates of approved colleges whose course included 15 semester hours in educa- 
tion and one-half year practice teaching and who have had two years' ex- 
perience, or to those holding credits in five out of eight fields of collegiate 
study in courses leading to an A. B or B. S. degree, one credit in a major 
subject and four in professional, with five years' experience. State high 
school three-year certificates may be issued to graduates of approved four- 
year colleges, with credits in two professional subjects and with one years' 
experience, or to those holding credits in five out of eight fields of collegiate 
study in courses leading to A. B. or B. S. degrees, one credit in a major sub- 
ject and two in professional, with two years' experience. State high school 
one-year certificates may be issued to holders of credits in five out of eight 
fields of collegiate study leading to A. B. or B. S. degree and one professional 
subject ; such certificate shall be valid only in one and two year high schools, 



382 STATE LAWS EELATING TO PUBLIC EDUCATION. 

unless holder is graduate of approved college. Fee for State certificate, $5 ; 
for State life certificate, $10. State board may revoke State or State life 
certificate for cause, but 30 days' notice of a hearing shall be given. State 
board shall keep record of certificates. 

County certificates of three grades : First grade, five years ; second grade, 
three years ; third grade, one year ; first and second grades shall be valid in 
any county when filed therein. County superintendent shall grant certificates 
in form prescribed by State board to applicants over 18 years old of good 
moral character; each applicant shall pay $1 for institute fund; fees for 
certificates when granted, first grade, $3 ; second grade, $2 ; third grade, $1 ; 
applicant must make general average of 85 per cent and not less than 75 per 
cent in any one subject. After May 1, 1917, applicant must have completed a 
four-year high-school course, but State board may modify this provision in 
order to provide sufficient teachers.. Applicants for third-grade certificates 
shall be examined in orthoepy, spelling, reading, penmanship, arithmetic, 
elementary composition, grammar, geography, history of United States, civics, 
physiology and hygiene, school law, manual of course of study, and agricul- 
ture; in addition they shall have attended a professional school for at least 
six weeks, but attendance at professional school shall not be required of those 
who taught eight months prior to July 1, 1911; a third-grade certificate en- 
titles holder to teach in county not exceeding one year, but may be renewed 
if holder attends a professional school six weeks and receives two credits or 
passes examination in subjects required; not more than three third-grade 
certificates shall be granted to same person. Applicants for second-grade 
certificates must have taught eight months and pass examination in branches 
required for third grade ; in addition they must pass examination in physical 
geography, American literature, English composition, and the conduct of 
school libraries ; county superintendent may transfer grades from third-grade 
to second-grade certificate whose holder has taught eight months and re- 
ceived two credits for attending a professional school not less than six weeks ; 
second grade may be renewed by examination or without examination if 
holder has taught two years during life of certificate and received two credits 
for attending a professional school not less than six weeks ; not more than two 
second-grade certificates shall be granted to same person. Applicants for 
first-grade certificates shall have taught eight months and pass examination 
in branches required for second grade; in addition they must pass examina- 
tion in English literature, principles of teaching, algebra, physics or botany, 
and medieval and modern or English history; county superintendent may 
transfer grades from second-grade to first-grade certificate whose holder has 
taught eight months and has received, while holding second grade, two credits 
for attending a professional school not less than six weeks. County super- 
intendent may renew first-grade certificate once for three years' experience 
and one-half year's attendance at professional school. County superintendent 
may issue special third-grade certificates when supply of teachers is ex- 
hausted ; certificates held from other places may be indorsed by county super- 
intendent as " permits " to teach till next examination. County superintendent 
may revoke county certificates for cause, but teacher shall have 30 days' 
notice and may appeal to State superintendent. Superintendent shall keep 
record of all certificates granted or revoked in the county. 
See also A (bl). State boards; A (c2). County officers. 
Illinois: No teacher shall be employed in the public schools who is not of 
good character, at least 18 years old, and a holder of a certificate issued by 
the State superintendent, a county superintendent, or board of education in a 



E (b). teachers' certificates, genebal. 383 

city having over 100,000 inhabitants. State certificates: First, certificate 
valid for four years in the elementary schools, for which the requirements are 

(1) graduation from a recognized high school and from a recognized normal 
school or equivalent preparation; (2) three years' successful teaching; (3) a 
successful examination in English, educational psychology, and the principles 
and methods of teaching; (4) the preparation of a thesis. Second, certificate 
valid for four years in any high school, for which the requirements are (1) 
graduation from a recognized college or equivalent preparation; (2) three 
years' successful teaching; (3) a successful examination in English, educa- 
tional psychology, and the principles and methods of teaching; (4) prepara- 
tion of a thesis. Third, certificates valid for four years for supervisory work 
in any district, for which the requirements are (1) graduation from a recog- 
nized normal school or equivalent preparation; (2) three years' experience 
in supervision; (3) examination in English, educational psychology, sociology, 
history of education, school administration and supervision; (4) preparation 
of a thesis. At the expiration of four years of successful teaching or super- 
vision said State certificate may, by State superintendent, be validated for 
life. Examinations for State certificates shall be held at such times and 
places as State superintendent may prescribe. Life certificate shall be for- 
feited three years after holder ceases to do educational work, unless it shall 
be extended by State superintendent; holder shall annually present the same 
to county superintendent and pay a fee of $1 for the institute fund. 

County certificates: Third grade, valid for one year in elementary schools 
of the county where issued and renewable once only. Examination for 
third grade in orthography, civics, Illinois history, physiology, writing, read- 
ing, grammar, geography, United States history, arithmetic, and the princi- 
ples and methods of the State course of study. This certificate may be 
issued without examination if applicant has completed two years' work in a 
normal school, or one year of work if applicant is a graduate of the tenth 
grade. Second grade, valid for two years in the first eight grades, and in the 
ninth and tenth grades, at the option of the county superintendent, renew- 
able twice on proof to county superintendent of required experience or pro- 
fessional training. Examination for second grade in subjects required for 
third grade and in elementary science and pedagogy. County superintendent 
may issue this certificate without examination to persons who have com- 
pleted the junior year's work in a recognized normal school or its equivalent. 
First grade, valid for three years in first 10 grades and in high school at 
option of county superintendent and renewable indefinitely in periods of 
three years on satisfaction of county superintendent of successful experience 
and professional growth. Requirements: (1) graduation from a recognized 
high school; (2) six months of successful teaching; (3) examination in 
orthography, civics, Illinois history, physiology, writing, reading, grammar, 
geography. United States history, arithmetic, pedagogy, English, algebra, 
general history, and any three of the following: Botany, zoology, physics, 
chemistry, and physiology. This certificate shall be issued to graduates of 
recognized normal schools, or those having equivalent preparation, if appli- 
cant has had one year of practice teaching. High-school certificate, valid 
for three years and renewable indefinitely for periods of three years. Re- 
quirements: (1) graduation from a recognized high school or the equivalent; 

(2) a certificate showing at least two years of work in a recognized higher 
institution; (3) examination in English, pedagogy, and six high-school sub- 
jects chosen from a list prepared by the examining board, but graduates of 
normal schools or colleges may offer certified credits in lieu of examination 



384 STATE LAWS RELATING TO PUBLIC EDUCATION. 

in high-school subjects. Supervisory certificates, valid for three years and 
renewable for three-year periods. Requirements: (1) graduation from a 
recognized high school and at least two years' work in a recognized higher 
institution; (2) two years successful teaching or supervision; (3) examina- 
tion in English, psychology, history of education, and school administration. 
Kindergarten-primary certificates, valid for tw^o years in kindergarten and 
first two primary grades, and renewable for two-year periods. Require- 
ments: Graduation from a recognized high school and from a kindergarten 
training school or the equivalent, or in lieu thereof an examination in Eng- 
lish and the theory and practice of kindergarten and primary work. Special 
certificate, valid for two years in the common schools and renewable for 
two-year periods. Requirements: Graduation from a recognized high school 
or the equivalent and a certificate showing the completion in a recognized 
higher institution of at least two years' special training, and an examination 
in English and the principles of teaching, and evidence that applicant can 
teach the special subject. County superintendent may issue a third-grade 
" provisional " certificate to applicant falling below the required average ; an 
" emergency " certificate of any grade may be issued and made valid until 
next examination. State examining board shall consist of State superin- 
tendent and person engaged in educational work and three county superin- 
tendents designated by State superintendent; examinations for county cer- 
tificates shall be held at county seats at least three times each year under 
rules prescribed by examining board; questions shall be prepared by said 
board; county superintendent shall conduct examination and papers shall 
be forwarded to board for grading ; grades shall be returned to county super- 
intendent, who shall issue certificates ; all except third-grade certificates may 
be validated in any county other than that of issue when indorsed by super- 
intendent thereof. Applicant for a county certificate shall pay a fee of $1, 
and every such certificate shall be registered annually and a fee of $1 paid 
therefor. County superintendent or State superintendent may suspend any 
certificate for cause. State superintendent may indorse and make valid a 
certificate from another State. 

See also A (b2), State officers; A (c2). County officers; A (d). District 
boards and officers. 
Indiana: Under direction of State board of education county superintendent 
shall examine, with questions furnished by said board, all applicants for 
licenses to teach in the State ; said applicants may elect to have their manu- 
scripts sent to the State superintendent for grading and shall pay a fee of 
$1 therefor ; license issued shall entitle holder to teach anywhere within the 
State. County superintendent shall send with manuscript teacher's grade of 
schoolroom success, as made by himself or by city or town superintendent; 
the average of schoolroom success and of grade made on examination shall 
constitute teacher's general average. Examination shall be in spelling, read- 
ing, writing, geography, English grammar, physiology, United States history, 
scientific temperance and literature, school government, and school theory; 
if applicant passes examination satisfactorily, State superintendent shall 
issue a license valid for 12, 24, or 36 months, and in the above branches 
only, the duration of said license to depend upon grade made by applicant. 
A high-school license valid for 60 months may be granted to applicant pass- 
ing successfully in the additional branches prescribed by State board of 
education, which license shall be valid in noncommissioned high schools. 
Classification of licenses provided for herein: Life license, first grade ; profes- 
sional license, second grade; high school, third grade; 36-month license, 



E (b). TEACHEES' CERTIFICATES, GENERAL. ' 385 

fourth grade ; 24-month license, fifth grade ; 12-month license, sixth grade. 
City, town, and county superintendents shall visit schools under their super- 
vision and grade teachers upon their classroom success, but appeal may be 
talien from grading of county superintendent to State superintendent. 

The county superintendent shall hold one public examination of teachers, 
beginning on the last Saturday of January, February, March, April, May, 
June, July, and August of each year; questions shall be furnished by the 
State board of education. Examination shall be in spelling, reading, writing, 
arithmetic, geography, English grammar, physiology, United States history, 
scientific temperance and literature, school management, and the science of 
teaching; county superintendent shall issue license valid for 12, 24, or 
36 months, according to the ratio of correct answers and other evidences 
of qualifications given on said examination, the standards of which shall be 
fixed by the county superintendent; a 6 months 'license shall be proba- 
tionary, and no person receiving the same shall thereafter be licensed from 
said county unless he obtains a grade sufficient to entitle him to at least 
a 12 months' license. A person holding two successive 36-month licenses 
shall be entitled at the expiration thereof to an 8-year professional 
license, on passing an examination prescribed by the State board of educa- 
tion, and said license shall entitle holder to teach in any of the schools of 
the State. Any person who has taught for six consecutive years and who 
holds a three-year license, or who has heretofore been exempted, shall 
forever be exempted from examination so long as he shall teach in the 
common schools of the county where three-year license was issued, but if he 
ceases to teach one year his exemption shall cease; if such person shall 
seek to teach higher branches than those included in his examination, said 
person shall be examined in said additional subjects. If applicant is dis- 
satisfied with grading given by county superintendent, he may appeal to State 
superintendent, anci likewise any patron may appeal if he thinks superin- 
tendent has graded too liberally. Teachers of manual training, domestic 
science and art, and kindergarten departments in elementary and high 
schools, and teachers of German, music, drawing, agriculture, physical cul- 
ture, and other special branches shall be examined by county superintendent 
upon the branch or branches which they are employed to teach, and said 
superintendent shall issue to successful applicants certificates valid for 12, 
24, or 36 months, according to the grades obtained on said examination; 
papers of applicant shall be sent to the State department of public instruc- 
tion for grading. County superintendent may revoke a teacher's license for 
cause, but an appeal shall lie to the State sueprintendent. County superin- 
tendent shall keep a record of all applicants and of all licenses granted and 
revoked and shall report to State superintendent the names of those whose 
licenses he revokes. 

See also A (bl). State boards; A (f), Administrative units — districts, etc. 

Iowa: The board of educational examiners shall consist of the superintendent 
of public instruction, president of the university, president of the State 
teachers' college, and two persons appointed by the governor, one of whom 
shall be a woman, appointees to hold office four years. Said board shall 
annually hold at least two public examinations of teachers and may grant 
State certificates and diplomas. Examination for certificate shall be in spelling, 
reading, writing, arithmetic, geography, English grammar, bookkeeping, 
physiology, United States history, algebra, botany, natural philosophy, draw- 
ing, civics, constitution and laws of the State, and didactics. Examination 
for diploma shall be in subjects required for certificates, and in addition 
aOeO^—lS 26 



386 STATE LAWS RELATING TO PUBLIC EDUCATION. 

thereto geometry, trigonometry, chemistry, zoology, geology, astronomy, politi- 
cal economy, rhetoric, English literature, general history, and such other sub- 
jects as the board may require. Said board may issue certificates for special 
subjects, as music, drawing, etc., or to any primary teacher, said certificates 
to be valid only for teaching subjects for which issued. Said board may 
validate certificates issued by other States when requirements on which such 
certificates were issued are equivalent to those of Iowa ; said certificates shall 
be good for five years. State certificates shall be valid for five years; 
diplomas for life. Any certificate or diploma may be revoked by board for 
cause. Fees: For certificate, $2; diploma, $5. Members of board shall receive 
expenses, and those not receiving salaries from the State or any institution 
thereof shall receive $3 per day. Board may appoint persons at not exceed- 
ing 50 cents per hour to assist in examinations or grading papers. Board 
may accept graduation from the regular and collegiate courses in the State 
university, State teachers' college, State normal schools, and the State col- 
lege of agriculture and mechanic arts, and other institutions of higher learn- 
ing in the State and approved colleges in other States, and may grant thereon 
a State certificate valid for five years. All State certificates may be renewed 
for life upon the payment of $5 and proof of at least five years' successful 
experience in teaching, three of which shall have been during the time said 
certificate has been in force. 

The county superintendent, who may be of either sex, shall be the holder 
of a first-grade certificate, a State certificate, or a life diploma. County 
superintendent shall hold quarterly examinations of applicants for teachers' 
certificates ; questions used shall be furnished by the State board of examiners. 
Examination for first-grade certificate shall be in spelling, reading, writing, 
arithmetic, geography, grammar. United States history, didactics, physiology, 
and hygiene, and the elements of civics, algebra, economics, physics, and vocal 
music. Special certificates may be issued to teachei* of special subjects; 
such certificates shall be valid for three years and may be renewed as other 
certificates. Applicants who have taught for at least 36 weeks and who are 
entitled to a first-grade certificate shall receive the same for three years; 
said certificate may be renewed without examination on proof that an ap- 
proved course of professional reading has been followed. For a second-grade 
certificate applicant must stand examination in subjects required for first 
grade, except civics, economics, algebra, and physics; said certificate shall 
be valid for two years and shall be renewed as first-grade certificates are 
renewed; holder may at any examination be examined in any subject re- 
quired for first grade or in a third-grade subject to raise his per cent obtained 
therein ; when all first-grade subjects are thus passed a first-grade certificate 
shall be granted. First grade and special certificates shall be renewed for life 
upon proof that holder has had five years of successful experience in 
teaching, that he made a general average of 85 per cent or more, and not 
less than 80 per cent on any one subject in examination for said certificate, 
and that required professional study has been pursued. Applicant for third- 
grade certificate shall be examined in subjects required for second grade ; said 
certificate shall be valid for one year and on proof of successful teaching may 
be renewed once. Applicants without experience who pass examination for 
first grade shall be granted a second-grade certificate for two years, but 
when they have taught 36 weeks they shall be entitled to a first grade. 
Any life certificate shall lapse when holder ceases to teach during a period 
of five years. County superintendent shall forward to State superintendent 
all answer papers, except those for didactics, and shall also give his estimate 



E (b). TEACHEES^ CEKTIFICATES, GENERAL. 387 

of applicant's personality and fitness to teach ; State board of examiners shall 
grade papers. Examiners shall after each examination appoint a suflaeieut 
number of readers to grade papers ; 10 of such readers shall be county super- 
intendents. Each applicant for a certificate shall pay a fee of $1, one half 
of which shall be paid into the State treasury and the other half into the 
county institute fund. Teacher shall register certificate with county super- 
intendent before being allowed to teach, but such superintendent need not 
register third-grade certificates when there is a sufficient number of higher 
grade ceftificates in the county. When there is an insufficient number of 
teachers to supply the schools of any county, provisional certificates may be 
issued. All certificates issued under this act shall be valid in any county in 
the State when registered by county superintendent thereof, but provisional 
certificates shall be valid only in the county where issued. County superin- 
tendent may revoke any certificate for cause, but aggrieved person may 
appeal to State superintendent, and the revocation of diplomas and State cer- 
tificates must have the approval of the State board of examiners. County 
superintendent shall annually report to board of examiners the attendance of 
each teacher at normal institute and summer school. 

After July 1, 1915, applicants for teachers' certificates shall have had at 
least 12 weeks of normal training, but this provision shall not apply to gradu- 
ates of the State university, State agricultural and mechanical college. State 
teachers' college, or accredited colleges. 

See also A (b2). State officers; E (e). Recognition of normal and college 
diplomas; G (c), County and local normal schools. 

Kansas: State board of education shall consist of State superintendent, 
chancellor of State university, president of agricultural college, president of 
State normal school, and three others engaged in school work to be appointed 
by governor for term of two years. State board may issue State diplomas to 
such professional teachers as have the requisite scholarship, moral character, 
and two years' experience in teaching; such diplomas shall supersede the 
necessity of further examination. State, county, or city, and shall be valid in 
any part of the State. State board shall prescribe a course of study for nor- 
mal institutes and for the public schools; members of board shall be paid 
actual expenses for attending meetings. State board may also issue cer- 
tificates of two grades — one for three years and one for five years — which 
shall supersede necessity of further examination and shall be valid throughout 
the State. Any educational institution of the State which requires a four- 
year high-school course as a condition of admission, whose course of study is 
approved by the State board, and w^hich maintains an approved department 
of education may apply to the State board and be placed on the " accredited 
list " ; such institution shall be subject at any time to examination by State 
board.; to graduates of accredited institutions State board shall issue three-year 
State certificates and, after such graduates have taught successfully two 
years, shall grant life certificates. Certificates from other States represent- 
ing requirements of equal rank with those of Kansas may be validated by 
indorsement of State board. Life certificate becomes void when holder ceases 
from school work for three consecutive years;. State board may cancel cer- 
tificate when holder is immoral or otherwise unfit to teach. State agricul- 
tural college and any accredited educational institution maintaining a course 
of study required for a three-year certificate may grant a diploma to person 
completing course, and State board shall issue to holder a three-year cer- 
tificate (nonrenewable) if such holder has had 20 weeks of practice teaching. 
Board of administration may fix courses of study for State normal schools ; 



388 STATE LAWS RELATING TO PUBLIC EDUCATION. 

in addition to two-year course provided by law, they shall fix courses of not 
less than three years; before issuing life diploma on completion of full course, 
as provided by law, said board shall issue a one-year State certificate to 
graduates of two-year course and to graduates of three-year course a diploma 
shall be issued and such diploma shall be valid as a three-year certificate. 
State superintendent shall register all certificates and diplomas valid as cer- 
tificates. When a person has attended the normal school 22 weeks and has 
been examined in studies required by board, and shows qualifications neces- 
sary to teach in a " good common school," said person shall receive a cer- 
tificate from principal which shall be valid to teach when approved by State 
superintendent; diploma granted for full course shall entitle holder to teach 
without further examination. Every certificate or diploma shall be registered 
with the county superintendent of the county or with clerk of the school board 
of the city of first or second class in which holder contracts to teach. Proper 
oflicers shall register certificates without fee and shall report registration to 
State superintendent. 

County examiners in each county shall consist of county superintendent 
and two holders of State certificates or diplomas from accredited institu- 
tions who shall be appointed by county commissioners on nomination by 
superintendent and who shall receive $3 per day for not exceeding 24 days 
in any year; in January, October, and at close of county normal Institute 
examiners shall hold quarterly examinations of all persons proposing to 
teach in the county, except in cities of the first and second class, and shall 
issue certificates to those who pass; a student of the State university, 
agricultural college, or State normal school or its auxiliaries may be ex- 
amined by presiding officer thereof, and papers, together with fee of $1, 
shall be sent to county examiners for grading and issuance of certificate 
At the time of closing normal institute county superintendent may hold 
special' examination with questions furnished by State superintendent; fee 
for examination, $1 if taken at a State educational institution or $2 if 
taken before county examiners, which fee shall go into county institute 
fund ; State board of education shall prepare questions for all examinations ; 
misdemeanor for any person to sell, offer for sale, or have in his possession 
examination questions, except as provided by law. Grades of county cer- 
tificates: First grade, valid for three years; second grade, valid for two 
years; third grade, valid for one year. Qualifications required for third 
grade: Applicant must be over 18 years old, must make average of 75 per 
cent with no grade below 60 per cent, must not have held previously more 
than one third-grade certificate if he has taught three months, and must 
pass examination in spelling, reading, writing, English grammar and com- 
position, geography, arithmetic. United States history, Kansas history, civics, 
physiology and hygiene, elements of agriculture, principles of teaching, and 
elementary science, including at least an elementary knowledge of physical 
geography and botany. Qualifications for second grade: Applicant must be 
over 18 years old and have taught three months, must make average of 80 
per cent or more with no grade below 60 per cent, and in addition to sub- 
jects required for third grade must pass examination in music and English 
literature. Qualifications for first grade: Applicant must be over 20 years 
old and have taught at least 12 months, must make average of 90 per cent 
with no grade below 75 per cent, and in addition to subjects required for 
second grade must pass examination in algebra, ancient and modern history, 
bookkeeping, and elementary science, including an elementary knowledge of 
physical geography, botany, and physics; holder of second-grade certificate 



E (b). teachers' certificates^ general. 389 

may, for securing first grade, retain credit for two years on subjects in 
wliich a grade of 90 per cent was previously made; first-grade certificates 
may be renewed when holders have attended at least 90 per cent of one 
county institute or six weeks at approved training school and when their 
professional work has approval of county superintendent. Additional quali- 
fications for first and second grade: Applicant for first grade shall have at 
least two years' credit in a high school or the equivalent thereof as shown 
by examination prescribed by State board of education ; applicant for second 
grade shall have one year of credit in high school. County superintendent 
may issue temporary certificates valid until next regular examination. A 
county certificate shall be valid only in county where issued, but may be 
validated in another county by indorsement of superintendent thereof. Any 
State certificate or diploma or county certificate may be revoked for cause 
by authority issuing the same. In any common-school district employing 10 
or more teachers school board may appoint two <5ompetent persons who with 
the superintendent shall constitute an examining committee for such dis- 
trict in lieu of State and county certificates. 

See also A (c2), County officers; A (f), Administrative units — districts, 
etc.; G (b), State normal schools; G (c), County and local normal schools; 
N (a), High schools. 
Kentucky: County superintendent shall appoint two moral and well-educated 
persons holding teachers' certificates or diplomas, who, together with him- 
self, shall constitute a county board of examiners. Three grades of teachers' 
certificates shall be issued: (1) State teacher's diploma; (2) State teacher's 
certificate; (3) county certificate, which may be first or second class; one of 
these certificates necessary to teach. State board of examiners shall prepare 
three sets of questions for white teachers and same number for colored, all 
of same grade ; care must be taken that they do not fall into hands of other 
parties in advance; two examinations held yearly, in June and September, 
for State certificate; three examinations — in May, June, and September — for 
State or county certificates. Sultjects included: Spelling, reading, writing, 
arithmetic, grammar, English composition, geography, physiology and hygiene, 
civil government. United States and Kentucky history. County superintendent 
and one examiner shall conduct examination. State diplomas may be issued 
by State board of examiners after personal examination in capitol in July 
on subjects of common-school course and on science and art of teaching, 
psychology, English literature, algebra, higher arithmetic, geometry, physics, 
and elementary Latin; applicant must average 90 per cent; State diploma 
good in all public or part-public schools till revoked or holder fails to engage 
in school work for five years; qualifies holder for office of county superin- 
tendent; may be revoked by county superintendent within his county. State 
teacher's certificate may be granted by State board of examiners after 
written examination in county or personal examination before board in 
capitol ; grade required, 90 per cent, based on common-school course and upon 
English literature, elementary algebra, higher arithmetic, and science and art 
of teaching; applicant must be 21 years old and have taught two years; 
examinations held in all counties in June and September on questions for- 
warded by State board of examiners ; applicants must be examined at same 
time as those for county certificates; entitles holder to teach anywhere in 
State; is good for eight years, unless revoked or holder leaves school work 
for two years ; may be renewed once ; county superintendent may revoke, as 
far as his county goes, for cause. County certificates shall be first and second 
class, good for four and two years, respectively; valid only in county of 



390 STATE LAWS KELATING TO PUBLIC EDUCATION. 

issue, but may be validated in another county for one year; first class shall 
require 85 per cent; second class, 75 per cent; county superintendent may 
revoke ; applicant must be 18 ; this law repeals all laws on minimum salaries. 
State board of examiners may validate State diplomas and State certificates 
of other States. Selling certificates to teach by county superintendent or 
county examiner made a misdemeanor, punishable by fine; selling examina- 
tion questions by any person made a felony, punishable by imprisonment; 
applicant must make oath that he has no personal knowledge of such mat- 
ters. Teachers of common schools shall keep register, which shall be sys- 
tematically graded for at least four years' work. State superintendent shall 
furnish teachers blank monthly and term reports, which they shall carefully 
fill out and return. Teachers shall enforce course of study, use textbooks 
adopted ; division board may dismiss teacher if he neglects or refuses ; teacher 
" is authorized and directed to hold each pupil to a strict accountability for 
disorderly conduct on the playground or during any intermission or recess, 
or on the road to and from school " ; he may suspend pupils ; shall not be 
required or under obligations to teach any other than the common-school 
branches prescribed by the State board of education, unless so specified in 
written contract with the division board. 

State board of education shall have power to determine qualifications of 
teachers in high schools; issue certificates to teach through State board of 
examiners on such examinations as may be held; State superintendent may 
validate such high-school certificates during good behavior on certain condi- 
ditions; he may also revoke. State board of education may, on application, 
inspect institutions of higher learning not conducted for private gain, investi- 
gate their work and standards, and grant certificates to their students; no 
such certificates shall be granted for lower grade of work than that demanded 
by State board of examiners, or granted to students of State University 
of Kentucky and State normal schools of Kentucky; State board of educa- 
tion may recognize and validate teachers' certificates from other States; 
county superintendent and county board of education may validate certificates 
from other counties not lower than first class ; State board of education may 
extend for life teachers' certificates of 20 years' successful experience if not 
lower than first class. 

See also A (b2). State officers; A (c2), County officers; A (d). District 
boards and officers; G (b), State normal schools; P (c). State universities 
and colleges. 
Louisiana: State board of education shall have charge of examination of 
teachers ; shall appoint and fix salaries of examining commitee. Certificates 
shall be: Special high school, valid for five years; first grade, valid for five 
years ; second grade, valid for three years ; third grade, valid for one year. 
Said board shall determine subjects used in examinations ; may exempt from 
examination graduates of standard colleges and State normal schools located 
in other States, but examining committee may examine such graduates in 
such subjects as committee may determine. Questions for examinations 
shall be prepared by examining committee, and when approved by State 
superintendent sent to parish superintendents, who shall conduct examina- 
tions and send fees and papers to State superintendent ; said committee shall 
grade papers and issue certificates to those making standard set by State 
board. Examination fees shall be : Graduates of colleges and normal schools 
of other States, $5; high-school certificates and first-grade certificates, $2; 
second grade, $1.50; third grade, $1. Such fees shall be used in paying 
salaries and expenses of examiners. State board shall determine number of 



E (b). teachers' ceetificates, general. 391 

examinations. Said committee may issue provisional certificates to appli- 
cants, valid until papers can be graded. State board may renew first-grade 
certificates, and second-grade certificates held by teachers who have taught 
continuously for five years, upon request from parish boards and parish 
superintendents. Certificates now valid shall not be affected by this act. 
Teachers must make written contracts, and must hold certificates sufficiently 
high to meet requirements of schools. Certificates are revocable for cause. 
Before receiving any pay as public-school teach such teacher shall file cer- 
tificate to the effect that he has complied with the law. Graduates of accred- 
ited higher institutions of the State shall be exempt from examinacion, except 
in theory and art of teaching, history of education, psychology, and school 
administration. Diplomas conferred upon graduates of Peabody normal 
school located at Nashville, Tenn,, State normal school, Natchitoches, La., 
city normal school, New Orleans, La., department of philosophy and educa- 
tion of Louisiana State University and Agricultural and Mechanical College, 
teachers' college of Tulane University, teachers' training department of all 
schools, or institutions authorized to grant diplomas that will establish a 
teachers' training department approved by State board shall entitle holders 
to a first-grade certificate, valid anywhere in State for period of four years, 
and renewable. Parish superintendents and public-school teachers shall keep 
school records prior to receiving monthly salary; each principal shall make 
monthly report to parish superintendent, otherwise shall forfeit $2. The 
teacher shall enforce course of study and regulations ; may suspend pupils for 
good cause; decision of parish superintendent shall be final as to such sus- 
pension. Diplomas conferred for full two years' course in the H. Sophie 
Newcomb Memorial College, Tulane University, shall entitle holders to teach 
anywhere in State for four years, certificates being renewable. 

See also A (d). District boards and officers; G (b). State normal schools. 

Maine: State superintendent shall cause to be held at least once a year at 
times and places designated by him, examinations of candidates for teachers' 
positions; he shall designate examiners. Certificates shall be granted to 
persons over 17 years old and graduates of standard high schools or acad- 
emies who pass satisfactory examination in branches required by law to b€ 
taught; such certificate shall be either probationary or permanent and shall 
indicate the grade of school which holder may teach; certificate may be 
granted without examination to graduate of college, or Maine Normal School, 
or of other normal school having two-year course above high school, or to 
teacher having had two years' service and shown satisfactory fitness. Cer- 
tificates granted by other States may be recognized by State superintendent. 
Certificate may be revoked for cause. No teacher shall be employed who does 
not hold State certificate, but temporary nonrenewable teaching permits may 
be issued for one year by local superintendent after examination. From 
money raised for the common schools $1,000 may be expended for carrying 
out this act. 

See also A (f). Administrative units — districts, etc. 

Maryland: No person shall be employed as a teacher unless such person holds 
(a) a certificate of qualification issued by county superintendent; (b) di- 
ploma of a State normal school of Maryland or of normal department of 
Washington College; (c) diploma of a standard normal school of another 
State indorsed by State superintendent; (d) diploma of reputable college 
or university maintaining a department of pedagogy approved by State 
superintendent; (e) in case of high-school teachers a diploma of standard 
college satisfactory to State superintendent; (f) certificate of State board 



392 STATE LAWS KELATIlTG TO PUBLIC EDtJCATlOK. 

of education, and after June 1, 1915, no person who has not been previously 
regularly employed as a teacher shall be appointed as a teacher without hav- 
ing had special pedagogic training of at least five weeks. Any grduate of 
department of pedagogy of any reputable college or university approved by 
State board of education shall be entitled to teach in public elementary or 
high school without examination; principal teachers shall be appointed by 
district board subject to confirmation by county board; may be removed; 
shall make accurate reports of attendance, textbooks, and other statistics; 
teacher not entitled to pay till reports are received; county board shall ex- 
amine charges against teachers. Persons with first-class teacher's certificate 
or diploma of reputable college or State normal school after teaching seven 
years, five in Maryland, may apply to State board of education for life cer- 
tificate. 

Salaries shall be fixed by county board; no white teacher shall have less 
than $300 per school year. All teachers regularly employed and holding 
first-class certificates, having taught three years, shall receive not less than 
$350; for five years, $400; for eight years, $450; for second-class certificate 
and eight years of work, $350. " The county commissioners of each county 
shall levy a sufficient amount to meet the increase of salaries provided for 
in this act." Any white teacher holding a diploma from a standard normal 
school or department of education of a standard college or university ap- 
proved by State superintendent or with sufficient credits from a summer 
school shall receive not less than $400 per annum ; after three years' teaching 
" in any of the public schools of the State," $450 ; after five years, $500 ; after 
eight years, $550. By October 1 county superintendent shall submit to county 
board of school commissioners list of all teachers employed classified as to 
(a) scholarship, (b) executive ability, (c) personality, and (d) teaching 
power. 

Pensions. When any person has taught in the public or normal schools of 
the State for 25 years and has reached 60 years of age without reproach by 
reason of physical or mental disability being unable to teach longer and with- 
out means of support he may lay his case before State board of education 
with recommendation of board of county school commissiners, and if facts 
are found as stated teacher shall be placed on the " teachers' retired list " 
and entitled to an annual pension of $200 ; State board may waive age limit ; 
$34,000 appropriated annually to carry out this act. 

(By-laws of State board exiDlain more in detail duties of teachers; they 
provide that teachers shall be allowed not more than 20 days for actual sick- 
ness during the school year; for such days lost they shall be paid not less 
than one-half of their regular salary; time lost by teacher from any cause 
shall not be made up by teaching on Saturdays or legal holidays or extra 
hours ; teachers made responsible for textbooks and must furnish inventory 
of books and stationery at. end of year; contracts shall be in writing; 30 
days' notice required before teacher can vacate school except in cases of 
emergency. By-laws divide teachers' certificates into five sorts: First grade, 
first and second class; second grade, first, second, and third class; grade is 
determined as required by law; class by professional ability and skill; re- 
quired subjects for teacher's certificate (see county superintendent) extended 
so as to to include elements of agriculture.) 

See also A (bl), State boards; A (c2), County officers. 
Massachusetts: See A (d). District boards and officers; N (a). High schools. 
Michigan: The University of Michigan may grant to any person receiving a 
bachelor's, master's, or doctor's degree, and also a teacher's diploma for work 



E (b). teachers' certificates, general. 393 

done in the science and art of teaching in said university, a certificate which 
shall serve as qualification to teach in any of the public schools of the State ; 
such certificate may be revoked only by the regents of said university, but 
may be suspended for cause by the proper authority in so far as it is valid in 
any county, township, city, or district. Said regents may give credit for work 
done in other institutions in the science and art of teaching if the same is 
equivalent to the work done in the University of Michigan. The State board 
of education may grant teacher's certificate without examination to any person 
who has received a bachelor's, master's, or doctor's degree from any college 
in the State having a course of study of four years above the requirements 
for admission to the University of Michigan, and in addition to or as a 
part of such work a course in the science and art of teaching of at least one 
college year of five and one-half hours a week ; such special course must have 
the approval of the State board of education. Such certificate shall be valid 
for life when holder has had three years of successful experience ; it may be 
revoked only by the State board of education. The State board of agriculture 
may grant to graduates of the four-year course in agriculture in the Michigan 
Agricultural College who have taken a course in pedagogics of at least a half 
year's special instruction a teacher's certificate to teach agriculture for three 
years ; said certificate shall be annulled only by said State board. 

See also A (bl). State boards; A (c2), County officers; G (c), County and 
local normal schools. 
Minnesota: To be qualified to teach in a common school district, a teacher 
shall have a diploma or certificate for the same; after August 1, 1915, all 
candidates for teachers' certificates by examination, renewal, or indorsement 
of credentials, except those who have taught successfully in public schools for 
18 months prior to such date, or those receiving either a second-grade or lim- 
ited certificate, must have completed a professional course of training for 
teaching, but not to exceed 36 weeks, may be required by State superin- 
tendent ; training courses in the State university, in State normal schools, or 
in equivalent private schools shall be accepted as meeting these requirements. 
For the special training of teachers for the public schools there are estab- 
lished teachers' institutes, training schools, and normal schools. State super- 
intendent shall provide for institutes and training schools in the several coun- 
ties; institutes shall continue for at least four days, and each training school 
not less than four nor more than six weeks ; county superintendent shall take 
part in institutes; schoolhouses may be used for institutes and training 
schools if such use shall not interfere with the sessions of the school ; schools 
may be closed to allow teachers to attend institutes ; for the support of insti- 
tutes and training schools the sum of $27,000 is annually appropriated out of 
the revenue fund. County superintendents shall hold teachers' examinations 
at least twice a year in each county and at the same time ; fees for teachers' 
certificates or renewals shall be 50 cents ; fee for indorsement of normal-school 
diploma and for professional certificate, $1; fee for permanent professional 
certificate, $5; all such fees shall be remitted to State superintendent; local 
expenses of examinations shall be paid by county; the expense incurred by 
State superintendent in connection therewith, not to exceed $2,500 per year, 
shall be paid out of teachers' institute fund. Branches for examination for 
certificates shall be reading, spelling, writing, arithmetic, grammar. United 
States history, composition, geography, physiology, civil government, and 
practical hygiene. , Applicants for a first-grade certificate shall also be exam- 
ined in elementary algebra, plane geometry, physical geography, and physics, 
but the State superintendent may designate other branches that may be taken 



394 STATE LAWS EELATIN-G TO PUBLIC EDUCATION. 

in lieu of physical geography, physics, and plane geometry, at the option of 
the applicant. Applicants for any grade, at their option, may be examined in 
music, drawing, and such languages as may be prescribed by the State super- 
intendent. Applicants for special certificates shall be examined in all branches 
required for second-grade certificates, and in such other branches as they wish 
to be specially authorized to teach ; teachers taking examinations may dismiss 
their schools for not to exceed two days in each year without loss of pay. 
Examination papers shall be graded by State superintendent; markings for 
professional requirements shall be given by county superintendent. 

There shall be five grades of teachers' certificates — third grade, second 
grade, first grade, second-grade professional, and first-grade professional. 
State superintendent may issue certificates of qualification without examina- 
tion to persons who have taught five or more years in the State. Limited 
third-grade certificates, good for one year, may be given to persons without 
experience, not under 17 years old, who have passed required examination. 
Second-grade certificates shall be given to persons, otherwise qualified, not 
under 18 years old and with at least five months' experience in teaching ; such 
certificates shall be valid for two years in county where issued and in any 
other county upon indorsement by county superintendent thereof. First-grade 
certificates shall be issued to persons otherwise qualified and of at least 
eight months' successful experience in teaching, the same valid for five years 
In any county of State. State superintendent may issue a special certificate 
to a graduate of a standard and approved college or State normal school and 
to anyone qualified to teach special subjects. State superintendent may 
accept or indorse certificates from other States, also certificates from State 
high or normal schools showing a standing of not less than 75 per cent. 
First and second grade certificates may be renewed, and shall be valid in 
grades below high school. An appeal from the marking of examinations of 
applicants for certificates may be made from the decision of the State super- 
intendent to professors of similar subjects in the State university. Per- 
manent teachers of high character and successful experience may be granted 
first-grade professional certificates good for teaching in any school, valid so 
long as holder is engaged in teaching; State examinations for professional 
certificates shall be held by State superintendent or by a committee of three 
appointed by him. Examinations for professional certificates shall include, 
in addition to the branches required for first-grade certificate : Educational 
science, including (1) history of education, (2) psychology, (3) general 
pedagogy, and (4) school organization and law; mathematics, including (1) 
higher algebra, (2) solid geometry, and (3) trigonometry, plane and spheri- 
cal; English, including (1) English and (2) American literature, and (3) 
rhetoric; history, (1) ancient, (2) medieval; (3) English, and (4) American; 
science, including botany, chemistry, physics, geology and physiography, astron- 
omy, zoology, and political science. A second-grade professional certificate 
may be granted to any teacher who passes in all branches of subdivision 
1 in foregoing list and in six branches in other subdivisions. A first-grade 
professional certificate shall be issued to any teacher passing, in the fore- 
going list, in all branches of subdivision 1, in two of those in each of 
subdivisions 2 and 3, and in three of those in each of the other subdivisions, 
or who furnishes evidence of qualification equivalent to such examination. 
State superintendent may grant to teachers lacking not more than three 
branches for professional certificate professional permits ^ood for one year. 
A first-grade certificate and diploma from the academic department of a 
standard college, with proof of one year's successful teaching, shall be ac- 



E (b). TEACHEES' CERTIFICATES, GENERAL. 395 

cepted in lieu of examination. Certificates of graduation from the State 
university issued to graduates of college of education, or to those in other 
colleges of said university who have taken specific courses in college of edu- 
cation, shall be valid for two years as professional certificates, and after two 
years' experience under such certificate holder may be granted a permanent 
professional certificate. Diplomas issued to graduates of State normal schools 
shall be valid as first-grade certificates for two years, and may be made, after 
successful experience of holder, permanent first-grade certificates. Normal 
school elementary diplomas shall be valid as first-grade certificates for three 
years and shall not be renewable; said certificate may be extended threfe 
years upon completion by the holder of one year's work at a Minnesota State 
normal school. Holders of certificates from State normal schools, showing 
the completion of two-years' work therein, shall be entitled to have the same 
indorsed by State superintendent as second-grade certificates. Certificates 
may be suspended or revoked for just cause. 

School boards shall employ teachers and fix their salaries; contract shall 
be written; no teacher related by blood or marriage to a trustee shall 
keep full school records; shall make reports to county superintendent. A 
State teachers' employment bureau is established; any legally qualified 
teacher may become a member of said bureau upon payment of annual fee 
of $3 ; the purpose of said bureau shall be to furnish the several schools with 
information relative to teachers and to furnish members information relative 
to vacancies in school positions, but said bureau shall not be understood to 
vouch for teachers nor to guarantee positions to teachers. State superin- 
tendent shall appoint the director of the State teachers' employment bureau 
and his assistants ; said director shall pay all fees received to State treasurer 
and shall give bond. 

See also A (c2). County officers; A (f). Administrative units — districts, etc. 
Mississippi: Two first-grade teachers, appointed annually by county superin- 
tendent, shall with that officer constitute an examining board for that county ; 
they shall examine teachers and as a board review and grade papers ; teachers 
on board shall receive $2.50 per day each and 25 cents each for grading 
papers, paid out of school fund ; they shall take oath ; examinations shall be 
held in September and April — written — at county seat; questions for ex- 
amination shall be prepared by State superintendent; shall relate only to 
branches required in public schools and which constitute their curriculum ; 
unlawful to contract with teacher without valid license; evidence of moral 
character and ability to govern school required. First-grade license re- 
quires examination in spelling, reading, practical and mental arithmetic, 
geography, English grammar and composition. United States and Mississippi 
history, elements of agriculture, civil government, and elements of physiology 
and hygiene, with special reference to alcohol and narcotics on system. 
Second-grade license requires spelling, reading, practical and mental arith- 
metic, elementary geography, and English grammar and composition, pri- 
mary United States history, primary physiology with reference to effects 
of alcohol and narcotics, but a teacher otherwise qualified shall not be 
refused certificate to teach for want of knowledge of physiology. For 
third-grade license applicant must be examined on same subjects as for 
second grade, and must make 60 per cent or more ; if applicant receives aid 
on examination he shall be denied license and not permitted to teach for 
two years; person who sells examination questions or answers, guilty of 
misdemeanor and liable to fine and imprisonment ; license granted on gen- 
eral average of 75 per cent; second and third grade good for one year; first 



396 STATE LAWS RELATING TO PUBLIC EDUCATION. 

grade, general average 85 per cent, good for two years ; with general average 
of 90 per cent, good for three years; second three-years' license renewable 
in county as long as holder continues to teach ; any teacher who has taught 
under first-grade license for five years consecutively shall be exempt from 
further examination; teachers must be 17 years of age or older, nor shall 
license for more than one year be issued to applicant who has had less than 
six months' experience; board may grant special examinations, with a 
charge of $2 or $2.50, and good till next regular examination; State board 
of examiners may transfer license from one county to another. 

Any teacher wishing to secure a " professional license " shall pass satisfac- 
tory examination before agents of State board of examiners : Algebra, 
geometry, rhetoric, English literature, science of teaching, civil government, 
Caesar, and Virgil, and "on such other subjects as the State board of ex- 
aminers may add." Any teacher may secure a " State license " by passing 
satisfactory examination on spelling, reading, practical and mental arith- 
metic, geography, English grammar and composition, United States and 
Mississippi history, elements of agriculture, civil government, elements of 
physiology and hygiene, with special reference to alcohol and narcotics, 
provided applicants shall have their papers forwarded to and graded by 
State board of examiners, who may grant license of lower grade than that 
asked for; said board shall indicate percentage made by applicant; State 
license valid for one, two, or three years, according to value of applicant's 
papers; applicant receiving the second three-year license exempt from fur- 
ther examination; State license valid in whole State; all teachers exempt 
from further examination may have State licenses issued in lieu of county 
license. State board of examiners may issue professional licenses to teachers 
of recognized ability, moral character, and scholarly attainments on pass- 
ing examination in algebra, geometry, physics, rhetoric, English literature, 
elements of botany and chemistry, science of teaching, civil government, and 
Latin through Csesar and Virgil. Act of 1912 provides that " a diploma held 
by either a collegiate or a normal graduate of the Mississippi Industrial In- 
stitute and College shall be so recognized as to warrant the granting of a 
teacher's professional license " by State board of examiners ; act to apply only 
to those graduates who have taken not less than nine hours of college work 
in teachers' professional courses and who obligate themselves to teach three 
years in public schools of State. Any teacher heretofore exempt from ex- 
amination may forward his license to the State board of examiners with 
proof that his examination papers were destroyed in burning of courthouse 
or otherwise, and on payment of fee have State license issued in lieu of 
county license. 

See also A (bl). State boards; A (b2)-, State officers; A (c2), County 
officers; F (b), Teachers' salaries; G (b). State normal schools; G (d). 
Teachers' institutes and summer schools; N (a), High schools. 
Missouri: Each county superintendent shall hold, or cause to be held, an 
examination of applicants for certificates in March, June, and August of ea2h 
year; certificates issued by said superintendent shall be third grade valid 
for one year and second grade valid for two years in county where issued 
and first grade valid for three years in the State. Questions shall be pre- 
pared by State superintendent. Examination for third grade shall be in 
spelling, reading, writing, language lessons, geography, arithmetic, English 
grammar. United States history, civics, physiology and hygiene, agriculture, 
and pedagogy. Second grade: Branches required for third grade and algebra 
and literature. First grade: Branches required for second grade and ancient, 



E (b). TEACHEES' CERTIFICATES, GENERAL. 397 

mediaeval, modern, or English history, and one branch of science, either 
physical geography, physics, or elementary biology. In addition to the fore- 
going, each applicant who has had four months' experience shall be graded 
by the county superintendent on teaching and management, and each appli- 
cant for renewal or for a new certificate shall be so graded ; person receiving 
first-grade certificate must have had eight months' experience and must have 
made an average of 90 per cent on examination on both scholastic and 
professional requirements; second grade must have made 85 per cent; and 
third grade, 80 per cent; but no grade for any certificate shall fall below 
60 per cent in any one subject. County superintendent may prepare ques- 
tions, hold examination, grade papers, and issue certificate to any applicant 
who for good reason could not attend the last regular examination; such 
certificate shall be good only until the end of the school year. County 
superintendent shall give each applicant a number and within three days 
after examination shall forward all papers of applicant for first grade, and 
other papers when requested by applicants, to State superintendent, who 
shall grade the same and certify grades to county superintendent; papers 
shall be returned to county superintendent for preservation. After September 
1, 1912, applicants for first and second grade certificates must have completed 
the first year's work of an accredited high school or its equivalent; after 
September 1, 1914, such applicants must have completed two years of such 
work or equivalent ; after September 1, 1916, such applicants must have com- 
pleted three years or equivalent; after September 1, 1918, such applicants 
must have completed four years or equivalent; this section shall not apply 
to holders of certificates at the time of the passage of this act. A third- 
grade certificate may be granted to any one person in but four consecutive 
years; a second grade shall be renewed without examination once; a first 
grade an unlimited number of times, if the holder has done professional work 
prescribed by State superintendent; any teacher of five years' experience 
and who is employed at the time of the passage of this act may have county 
certificate renewed an unlimited number of times, if teacher continues in the 
same position. The county superintendent shall pass upon the moral charac- 
ter and requirements, other than scholastic, of all applicants ; he shall keep a 
record of gradings certified to him by State superintendent and of certificates 
granted, renewed, or revoked. Any applicant may raise the grade of his 
certificate by meeting additional requirements. County superintendent may 
indorse a second-grade certificate from an adjoining county. Each applicant 
shall pay a fee of $3, which shall entitle him to attend all examinations 
during the calendar year and which shall be used to pay expenses of teachers' 
associations and meetings and of the State superintendent's office for grading 
papers; applicant for renewal shall pay $1.50; county superintendent may 
revoke a county certificate for cause; a certificate issued by the State 
superintendent, the board of curators of the State university, or the regents 
of any normal school may be revoked for cause by the authority issuing the 
same. The State board of education shall prepare, or cause to be prepared, 
outlines of work for colored teachers' institutes and for approved summer 
schools in State educational institutions ; it shall establish 10 or more insti- 
tutes for colored teachers; grades made on subjects covered by teachers in 
said institutes shall be credited on examination by county superintendent; 
grades made in summer schools of State educational institutions shall be 
credited for subjects covered by State superintendent. Grades made on any 
examination under this act shall be good throughout the State when papers 
have been graded by State superintendent and certified to county superin- 



398 STATE LAWS KELATIN^G TO PUBLIC EDUCATION. 

tendent; grades made shall become void after two years of cessation from 
school work. It is a misdemeanor to grant complimentary certificates. This 
act shall not apply to cities having a population of 75,000 or more. The 
normal diploma, conferred upon completion of the " advanced course," shall 
entitle the holder to teach in any county without further examination until 
revoked by authority granting the same or by county school commissioner or 
State superintendent for cause; normal certificate, granted upon completion 
of the ''elementary course," shall entitle holder to teach branches named 
therein for two years unless revoked as aforesaid. 

See also A (b2). State officers; A (f), Administrative units — districts, 
etc.; G (b). State normal schools; G (c). County and local normal schools. 

Montana: State certificate, good for six years, may be issued to holder for 
one year of professional county certificate when such person shall have passed 
examination under State board of education in English literature, history of 
education, and general history and shall have furnished evidence of having 
taught 35 months; such certificate shall be renewed if applicant has taught 
27 months during the life of said certificate. State certificates may be 
granted to graduates of higher educational institutions and to holders of 
State certificates, within or without the State, upon conditions established 
by State board of education. Life diplomas may be granted under same con- 
ditions as State certificates, except that in addition applicants must pass 
examination in subjects prescribed by State board and must have taught 
successfully at least 70 months. Graduate of the State normal college shall be 
entitled to teach without further examination for six years, and every graduate 
of the three-year course shall, after proof to State board of having taught 27 
months, be entitled to a life diploma ; every graduate of four-year course 
shall be entitled to life diploma after 18 months of teaching. A graduate of 
the State university with certificate of qualification to teach shall be en- 
titled to teach in high schools six years without further examination, and 
after having taught 27 months shall be entitled to a life diploma. Life 
diplomas may be granted to graduates of higher educational institutions main- 
taining the same standards as the University of Montana and the State 
normal college, and to holders of State certificates within or without the 
State upon conditions established by State board of education. State and 
life certificates, before valid in any county, shall be registered by county 
superintendent. State superintendent may revoke State or life certificate for 
cause, but holder shall be served with written charges and shall have oppor- 
tunity for defense before State board. 

Examinations of applicants to teach shall be held in February, April, Au- 
gust, and October by county board of educational examiners; questions 
prepared by State superintendent shall be kept sealed by county superin- 
tendent until day of examination; applicant must make average of 80 per 
cent, with not less than 70 in any one branch; examination in branches 
required by law to be taught in public schools. Board of county examiners 
shall consist of county superintendent and two teachers of 18 months' experi- 
ence appointed by county commissioners; such examiners shall be holders 
of professional county certificates or certificates or diplomas of higher grade ; 
such examiners shall hold examinations of teachers and grade papers; they 
shall also, when requested by State board of education, hold examinations 
of eighth grade pupils and may grant eighth grade diplomas. Compensation 
of examiners, actual expenses and such per diem as may be fixed by county 
commissioners. Applicants for second-grade certificates must pass examina- 
tion in following branches and such additional branches as State board may 



E (b). TEACHERS^ CERTIFICATES, GENERAL. 399 

prescribe: Reading, writing, arithmetic, spelling, grammar, geography, physi- 
ology and hygiene, United States history, civics, and theory and practice of 
teaching. This certificate shall be good for 18 months; valid in any part of 
State when indorsed by county superintendent. Applicant for first-grade 
certificate must have taught 12 months and must, in addition to branches re- 
quired for second grade, pass examination in American literature, physical 
geography, elementary algebra through quadratics, and school management, 
or such other branches as may be prescribed by State board. This certificate 
shall be good for three years; valid in any part of State when indorsed by 
county superintendent. Applicant for a professional certificate must have 
taught 18 months and must, in addition to branches required for first grade, 
pass examination in physics, plane geometry, and elementary psychology. 
This certificate shall be good for four years, valid in any part of State when 
indorsed by county superintendent. Temporary certificate, valid until next 
examination, may be granted by county superintendent to former holder of 
certificate applying at other time than at regular examination. Persons pass- 
ing at examination above 70 per cent but not making 80 per cent may, if 
otherwise fitted to teach, be granted a permit to teach until next examina- 
tion. Every applicant must pay fee of $1 for institute fund. Applicant, 
thinking an injustice has been done, may appeal from county examiners to 
State superintendent, who shall reexamine the papers and may instruct 
county board to issue certificate ; fee for appeal, $2. County superintendent 
may revoke county certificates for cause. County examiners shall renew 
professional or first-grade certificate if holder has taught at least 12 months 
during its life. Holder of unexpired first-grade or second-grade certificate 
on applying for a higher grade shall not be required to pass examination 
in those subjects in which he previously passed at 80 per cent or higher. 
Montana State normal school credits shall be recognized by county exam- 
iners. Holder of unexpired first-grade, second-grade, or third-grade certifi- 
cate desiring a higher grade, and who has taught at least one year, shall be 
entitled to percentages made on last examination. No persons shall be em- 
ployed to teach in a high school or as principal of school of more than three 
departments who is not holder of professional county certificate or State or life 
certificate, or is not graduate of some reputable university, college, or normal 
school. 

See also A (bl), State boards; A (b2). State ofllcers; A (c2), County 
officers. 
Nebraska: Certificates shall be: State, county, and city. State certificates 
shall consist of three classes — ^professional State certificate, valid for life, 
entitling holder to teach in any public school in State; but such certificate 
shall be void if holder shall permit three years to elapse without following 
some educational pursuit unless certificate be indorsed by State superin- 
tendent; first-grade State certificate, valid for three years, which becomes 
valid for life after three years of successful teaching; elementary State cer- 
tificate, valid for from one to three years, period of validity to be determined 
by county superintendent of county where holder shall teach. County cer- 
tificates shall consist of three grades — first grade, valid for from two to 
three years, as shall be determined by county superintendent of county where 
issued ; second grade, valid for from one to two years, as shall be determined 
by superintendent of county issuing the same; third grade, valid for no 
longer than one year in county Vv^here issued ; but no person shall be entitled 
' to receive more than one third-grade county certificate. City certificates 
shall be granted under rules of State superintendent, and shall be of six 



400 STATE LAWS RELATING TO PUBLIC EDUCATION. 

classes — kindergarten, primary, grammar, high school, special supervisor, 
and superintendent; but such certificates for teaching in the grades shall 
not be below a second-grade county certificate, and for high-school teaching 
and for supervising city schools must not be below first-grade State certifi- 
cate. The professional State certificate may be granted to any person of 
approved learning and character possessing ability in school management,, 
with one year's successful experience as teacher in public schools of State, 
who holds first-grade county certificate and who shall, in addition, pass ex- 
amination conducted by State superintendent, or of committee of three per- 
sons appointed by State superintendent, in chemistry, English literature, 
general history, geology, physical geography, plane trigonometry, psychology, 
rhetoric, and zoology. A professional State certificate may also be granted 
to a graduate of a college or university of good standing of this or any 
other State after three years' successful teaching in public schools of State 
and who holds a first-grade county certificate of Nebraska; may also be 
granted to a graduate of State normal school of another State who holds 
life certificate thereby; may also be granted to holder of professional State 
certificate from another State. All professional certificates shall be granted 
by State superintendent. First-grade county certificates may be granted to 
any person of approved learning, character, and ability who shall pass an 
examination in all subjects for second-grade county certificate, and in alge- 
bra, botany, geometry, and physics; but no person shall be granted such 
certificate who has not had at least 12 weeks' normal training in an ap- 
proved school. However, one or more years of successful experience may 
be considered equivalent to such normal training. The second-grade county 
certificate may be granted to any person of approved learning and cnaruc. 
who shall pass an examination in civil government, bookkeeping, blackboard 
drawing, theory and art of teaching, elements of agriculture, together with 
examination in county third-grade subjects; but such person shall have had 
at least eight weeks' normal training in an approved school or at least one 
year's successful experience in teaching. The third-grade county certificate 
may be granted to any person of approved character who shall pass an ex- 
amination in orthography, reading, penmanship, geography, arithmetic, physi- 
ology and hygiene, English composition, English grammar, and United States 
history. The State superintendent shall prepare all teachers' examination 
questions, prescribe rules and regulations for holding such examinations, 
grade and file answer papers, or have the same done by a committee ap- 
pointed by him ; but he may require county superintendents to assist in the 
preparation of examination questions for county certificates. The county 
superintendents shall conduct teachers' examinations according to rules of 
State superintendent, and shall transmit -papers to State superintendent for 
marking and filing. Sate superintendent shall notify county superintendents 
of results of examinations, and county superintendents shall issue certificates 
accordingly. County superintendents may issue temporary permits to teach- 
ers applying at a time other than at regular examination or to teachers 
awaiting results of examination ; but such permit shall not be granted twice 
to the same person in any county. In emergencies arising from a scarcity 
of teachers State superintendent may issue teaching permits upon the rec- 
ommendation of the county superintendent. County superintendent may 
grant a first-grade county certificate to a graduate of an approved school 
without examination, subject to rules of -State superintendent. The first- 
grade State certificate and the city State certificate may be reissued under 
rules of State superintendent. First and second grade county certificates 
may be reissued by county superintendent under rules of State superin- 



E (b). TEACHERS'' CERTIFICATES, GENERAL. 401 

tendent. Certificates issued by county superintendents shall be valid only 
in the county where issued. Any certificate may be revoked for cause and 
upon due notice. Each applicant for a county certificate shall pay a fee of 
$1.50 to county superintendent, $1 of which shall go to the county institute 
fund and 50 cents to the State superintendent for exa mining-committee 
fund. Each applicant for a professional State certificate shall pay $1 to 
State superintendent, which shall go to examining-committee fund. Each 
holder of an elementary or second-grade certificate or a first-grade State 
certificate or a professional State certificate good for life shall pay regis- 
tration fee of $1 to superintendent of county where teaching, the same to 
go to institute fund of county. State superintendent shall return to counties 
pro rata part of any excess after paying expenses of examining committee, 
the same to go to institute fund of counties, and shall make semiannual 
report to governor of examining-committee funds. No person shall be eligible 
to teach in the high-school department of any high school who is not a 
graduate of an approved college or normal school or who does not hold a 
professional State certificate. No person shall teach in the grades below 
the high-school department in any high-school or city school district who 
does not hold at least a second-grade county certificate. 

Nevada: Certificates and life diplomas shall be granted by State board of 
education; deputy superintendents may issue temporary certificates subject 
to regulations of State board ; renewal of grammar-grade certificates 
shall be made by granting elementary certificates of first grade therefor. 
Examinations for certificates shall be held in the several counties in 
June and December of each year; examinations shall continue for no 
longer than four days, and shall be conducted by deputy examiners, act- 
ing under authority of State board. Deputy examiners shall send examina- 
tion papers, without grading them, to State superintendent. Deputy superin- 
tendents shall act as deputy examiners in counties designated by State 
superintendent, and shall appoint examiners for other counties, but there shall 
be no more than two deputy examiners to any one county ; deputy examiners 
shall receive $5 per day, paid out of State general fund. State board shall 
prepare examination questions, prepare rules for examinations, and require 
uniformity in conducting same. Immediately before date of examination. 
State superintendent shall forward to deputy examiners examination ques- 
tions, under seal of State board, each subject being under a separate seal. 
No questions shall be opened until the day and hour set for such examina- 
tion, which time is specified under each seal. It shall be unlawful to buy 
or sell, offer to buy or sell, to distribute, or to jwssess any questions pre- 
pared for teachers' examinations or for students' final school examinations 
prior to time of examination, but State printer shall have custody of such 
questions during the printing thereof. The grades of teachers' certificates 
shall be: High school, elementary, special, and temporary. High-school 
certificates, valid for five years, shall be issued on examination in: (a) 
English grammar, spelling, arithmetic, geography, English literature, general 
history, history of the United States, civil government, current events, 
algebra, plane geometry, physics, and history and methods of teaching; (b) 
any one of these foreign languages — Latin, French, German, Spanish; (c) 

, and any three of these subjects — rhetoric, English history, solid geometry, 
physical geography, chemistry, botany, and zoology; but no high-school cer- 
tificate shall be issued on an average standing of less than 90 per cent, nor 
to any person less than 21 years old. Credit may be allowed for any subject 
in foregoing high-school list satisfactorily completed in a standard college, 
3966°— 15 26 



402 STATE LAWS RELATING TO PUBLIC EDUCATION. 

or to applicants holding first-grade elementary certificates of Nevada for 
standing of 90 per cent or more in any such subject. Elementary school 
certificates, first grade, shall be valid for three years; issued upon examina- 
tion in spelling, reading, writing, English grammar, mental arithmetic, 
written arithmetic, physiology and hygiene, history of the United States, 
geography, general history, drawing, music, business forms, civics, current 
events, and theory and methods; applicant shall make a general average of 
not less than 85 per cent, and not less than 65 per cent in any one subject ; 
applicant shall be at least 20 years of age, and shall have had no less than 16 
months of successful experience in teaching; said certificate may be re- 
newed; persons receiving 85 per cent or more in any subject at a regular 
examination, or who shall have done satisfactory work at a standard 
summer school, shall have the same credited toward a first-grade elementary 
certificate. Elementary certificates, second grade, valid for two years, and 
granted on same subjects as first-grade elementary certificate, shall not 
be issued to any applicant whose general average is less than 75 per cent 
or whose grade in any one subject is less than 60 per cent; second-grade 
elementary certificates shall not be renewed. County normal elementary 
certificates shall be issued to graduates of county normal training schools 
without examination. State board may issue third-grade elementary cer- 
tificates to applicants who shall have taken the December examination, and 
who are actively engaged in teaching, but shall be valid only in schools 
where teachers were engaged just prior to December examination, and only 
for time until next regular examination; only one of said certificates shall 
be granted to the same person. State board may grant a life diploma to 
any person who shall have taught successfully and continuously for 72 
months, 24 of which shall have been in Nevada ; said diploma shall be of 
same grade as certificate held by applicant, but no life diploma shall be 
issued on a nonrenewable certificate. 

High-school certificates, good for five years, shall be issued to graduates 
of Nevada State Normal School, advanced course, and first-grade elementary 
certificates, good for five years, to graduates of elementary course; holders 
of said certificates shall be granted life diplomas, of the respective grades, 
upon completing 45 months of successful teaching. Graduates of universi- 
ties, colleges, and normal schools, supported by State appropriations, and 
approved by State board, may present their credentials in lieu of examina- 
tion, but no elementary certificate shall be thus granted upon any credentials 
not equivalent to Nevada State Normal School diploma, and no high-school 
certificate upon credentials not equivalent to a diploma of graduation from 
science or liberal arts course of Nevada University, together with required 
training in education subjects. State board may grant certificates to holders 
of life certificates from other States. State board shall grant special cer- 
tificates, valid for two years, for teaching music, drawing, manual training, 
penmanship, commercial subjects, kindergarten work, or any specified foreign 
language, upon proper qualification of applicants. Deputy superintendents 
may issue temporary certificates in accordance with regulations of State 
board without examination upon request of district trustees, but these shall 
be valid only in districts where issued and until next regular examination, 
and shall be issued to no relative of any member of board so requesting; 
only one such certificate shall be issued to same person. No certificate of 
any kind shall be issued to any person under 18 years of age. 

See also G (c), County and local normal schools; P (c), State universities 
and colleges. 



E (b). TEACHEES' CERTIFICATES, GENERAL. 403 

New Hampshire: See A (d), District boards and officers. 

New Jersey: The State board of examiners shall consist of commissioner of 
education, the principals of the State normal schools, and of a county super- 
intendent and a city superintendent appointed by State board of education to 
serve one year ; each appointive member shall receive traveling expenses and 
compensation not to exceed $10 for each meeting; said board shall examine 
and certify teachers, under rules of State board of education. There may be 
in each county a county board of examiners consisting of county superintend- 
ent and a number of teachers, not to exceed three, appointed by him to serve 
one year ; appointive members shall hold a State or a first-grade county cer- 
tificate; said board shall examine and certify teachers under rules of State 
boara of education ; appointive members shall, in addition to traveling ex- 
penses, be allowed compensation, as fixed by State board of education, not to 
exceed $25 each for each regular examination, to be paid by county collector. 
There may be a board of examiners in each city school district, to consist of 
city superintendent and such persons as school board shall appoint; any 
person so appointed shall hold a State certificate or highest grade certificate 
issued in said district, or shall be graduate of a college or university; said 
board shall, under rules of State board of education, examine and certify 
teachers for schools of such district ; said board may require qualifications for 
teachers in addition to those required by rules of said State board ; diplomas 
or certificates granted by any approved normal school or training school of 
any city district may be accepted by school board of such district as valid 
teachers' certificates 

See also A (bl), State boards; F (a), Teachers' contracts, duties, etc.; 
L (d), Physiology and hygiene; M (c). Evening schools. 

New Mexico: A legally qualified teacher shall be one who has been properly 
certificated, and who possesses a certificate of attendance upon some county 
teachers' institute, or summer school, approved by State superintendent, held 
within 12 months, or has approved excuse for nonattendance ; or one who 
holds a legal permit to teach in the State. The State board of education may 
issue three grades of county teachers' certificates, first grade, second grade, 
and third grade; said certificates shall be issued upon examination in such 
subjects as State board may select, or upon grades received by applicants 
from any educational institution of the State in subjects required by said 
board; said examination shall be conducted by the county superintendent 
under rules and regulations of said board, and held at such times and places 
as said board may determine; applicants' examination papers shall be for- 
warded to State superintendent for grading ; State superintendent may employ 
assistants for grading examination papers. Holders of county certificates may 
teach in any school district, independent district, incorporated town, city, or 
village of the State. A third-grade certificate shall be valid for one year; 
second grade, two years; first grade, three years. County superintendents 
may renew first-grade certificate once only without a formal examination if 
evidence is shown of successful experience in teaching and faithful attend- 
ance to duty, but no such renewal shall be made without consent of State 
superintendent. Boards of education of incori:)orated cities may issue cer- 
tificates to teachers, valid only in the city whose board issues them. The 
State board of education may issue State teachers' professional certificates to 
persons qualified by reason of moral character, academic scholarship, knowl- 
edge of the theory and art of teaching and actual practice in teaching ; said 
board may indorse teachers' certificates granted in other States, and grant 
certificates of the first, second, and third grade to persons who have com- 



404 STATE LAWS RELATING TO PUBLIC EDUCATION. 

pleted approved specified courses in New Mexico educational institutions or 
other schools designated by said board ; the holder of diploma from the full 
course of study given at St. Michael's College shall be entitled to a county 
first-grade certificate. The State superintendent may issue, pending the regu- 
lar examination of teachers, permits to teach in the public schools, to properly 
qualified persons, and such permits shall be valid only until the first day of 
next examination of teachers ; county superintendents shall have lilie authority 
in their respective counties, but certificates so issued shall be valid only in 
the county where issued, and shall not be issued twice in succession to same 
I)erson, and shall expire at next teachers' examination. No teachers of the 
first and second grades shall be granted a certificate to teach by the State 
board unless said teacher shall have passed an examination in the history 
and civics of the United States and of New Mexico; instruction in the said 
subjects shall be given in the public schools; said history and civics of New 
Mexico shall be prepared by a known historian of the State and shall be sold 
at a price fixed by the State board not to exceed $1 per volume. Physiology 
and hygiene, with special reference to the effects of alcoholic drinks and nar- 
cotics, shall be taught, as other subjects are taught, in all of the public 
schools ; instruction in said branch of study shall be given in the State educa- 
tional institutions, in the New Mexico Reform S school, and in all teachers' 
institutes ; competent lecturers for said subject shall be secured for teachers' 
institutes; any school officer or teacher who shall refuse or neglect or fail to 
make provisions for such instruction shall be removed from office ; no certifi- 
cate shall be granted to any person to teach in public schools who has not 
passed a satisfactory examination in said subject. Every teacher shall keep 
a proper record, and at the end of each term shall make a full report to the 
county superintendent ; for failure to make such report teacher may be fined 
not more than $50 ; no teacher shall be paid for teaching in the public schools 
until an order is presented, signed by two of school directors of the district 
and indorsed by the county superintendent. All teachers shall be paid 
monthly, unless there are no funds available, in which event they shall be 
paid as funds are available. No person shall be employed as teacher, in- 
structor, or professor in any public school or other educational institution 
supported in whole or in part by public funds who shall be afflicted with 
tuberculosis in a transmissible form ; before any person shall be employed as 
a teacher, instructor, or professor in said schools he shall file with the gov- 
erning authorities thereof a certificate from a physician who shall be named 
by the State board of health, that the said person is not afflicted with tuber- 
culosis; physician issuing such certificate shall receive therefor a fee of $2 
and no more; school authorities shall, upon a complaint signed by any tax- 
payer, cause any teacher, instructor, or professor to be examined for tubercu- 
losis; any official failing to perform the duties prescribed for him in refer- 
ence to tuberculosis, shall be removed from office by the governor. Teachers 
shall not allow any child to attend school who does not possess a vaccination 
certificate ; teachers shall annually make reports to county superintendents in 
reference to vaccination of pupils. The maximum salary of a teacher holding 
a certificate not higher than a third grade shall be $50 per month ; not higher 
than second grade, $75 per month ; permits shall be classed no higher than a 
third-grade certificate, but if the holder of a permit shall receive a regular 
certificate during term for which engaged, the salary for entire term may be 
fixed in accordance with the grade of said certificate; teacher shall receive 
full pay for period not to exceed one month during which school may be 
closed on account of fire, contagious disease, or other similar cause; any vio- 



E (b). teachers' certificates^ general. 405 

lation of salary provisions shall be punishable by fine of not less than $10 nor 
more than $100, or imprisonment for not less than 10 nor more than 90 days, 
and the guilty person may be removed from office. 
See also A (C2), County officers. 
New York: No person shall be employed as teacher who is under 18 years old 
and who does not possess a legal teacher's certificate or diploma issued by a 
normal school of this State or by the State normal college. No person shall 
be employed or licensed to teach in the primary and grammar schools of any 
city or school district employing a superintendent who has not had success- 
ful experience in teaching for at least three years, or in lieu thereof has not 
completed prescribed course in a State normal school of the State, passed 
an examination for and received a life State certificate, completed an ap- 
proved high-school course of not less than four years, and in addition an ap- 
proved professional course of not less than two years. Commissioner of edu- 
cation shall, subject to approval by the regents, prescribe regulations for ex- 
amination and certification of teachers employed in all public schools; may 
issue life State certificates, other certificates prescribed by regents, and tem- 
porary licenses limited to a school district ; may indorse diplomas and certifi- 
cates from other States. A district superintendent, a city superintendent of 
schools, or such other legally authorized city official may issue certificates as 
authorized by the regents. A district superintendent may, upon the charge of 
immorality, revoke the certificate or diploma of any teacher, but not until 
teacher shall have been heard ; said superintendent shall report such revoca- 
tion to commissioner of education. Employment of an unqualified teacher 
shall constitute a misdemeanor ; fines so imjwsed shall go into school fund of 
district. Teachers shall keep school records and deliver same at close of 
school to district clerk ; teachers shall verify such records ; last month's sal- 
ary shall not be paid until such records are verified ; contracts with teachers 
shall be in writing, and shall be for no longer than one year nor less than 10 
weeks, unless for purpose of filling out an unexpired term ; failure to abide by 
contract, without good cause, shall be sufficient ground for revocation of a 
teacher's certificate. No teacher related by blood or marriage to a trustee 
shall be employed except with approval of two-thirds of voters of such dis- 
trict; no such teacher shall be employed by any board of education except 
by two-thirds vote of such board. No teacher shall be removed from office 
except for good cause as approved by commissioner of education. Teachers 
shall receive their pay at least once each month. Common schools shall be 
open to residents of the district between 5 and 21 years of age free of tuition 
charges; nonresidents may be admitted to public schools upon terms pre- 
scribed by school authorities of district so admitting them. 
See also A (d), District boards and officers. 
North Carolina: County superintendent shall in July and October publicly 
examine all applicants for teachers' certificates on subjects required to be 
taught in public schools and on theory and practice of teaching; with ap- 
proval of county board of education he may hold public examinations at two 
other times; on presenting reasonable excuse and payment of $3, applicant 
may be examined privately. General average of 90 per cent or more entitles 
applicant to first-grade certificate ; 80 to 90 per cent, second grade ; 70 to 80 
per cent, third grade; certificates valid in county where issued; first grade 
valid for two years, other grades valid for one year and may not be renewed 
except upon examination. On request of State superintendent county super- 
intendent shall send papers, gradation, and questions to State superin- 
tendent ; in lieu of county system of examination. State superintendent may 



406 STATE LAWS RELATING TO PUBLIC EDUCATION. 

prescribe a uniform system. A State certificate valid in any county and good 
for five years may be granted by State superintendent and board of examiners 
to holder of first-grade county certificate who has taught one year ; questions 
shall be furnished by State board of examiners and papers shall be returned 
to such board for grading; general average of 90 per cent or more must be 
made; minimum salary of holder shall be $35 per month; examiners shall 
also examine applicants to State superintendent for high-school teachers' 
certificates. Said board shall consist of not less than three nor more than five, 
practical teachers appointed by State board of education; term, four years; 
compensation, $4 per day and expenses. No person not having certificate 
►shall be employed as public-school teacher ; no assistant teacher shall be added 
to one-teacher school until average attendance reaches 40. Teacher of second 
grade shall receive not more than $35 per month ; first grade shall receive such 
pay as agreed upon; third grade not more than $20 per month. Third-grade 
certificate shall not be renewed and no holder of third grade shall be em- 
ployed except as assistant teacher. School month shall be 20 days of from 
six to seven hours. 

See also N (a), High schools. 
North Dakota: The State board of examiners shall consist of the State board 
of education. Said board shall prepare all questions for examination of all 
applicants for teachers' certificates; shall cause all answer papers to be 
graded, and shall issue all certificates to teach in the public schools. Cer- 
tificates shall be second-grade elementary, first-grade elementary, second-grade 
professional, first-grade professional. Subjects required for second-grade 
elementary: Reading, arithmetic, language and grammar, geography, United 
States history, physiology and hygiene, civics, pedagogy, and any one of the 
following — Music, drawing, agriculture, nature study, domestic science, and 
manual training. Second-grade elementary certificate shall be valid for two 
years in any county when registered by the superintendent thereof, and shall 
qualify holder to teach in any grade up to and including the eighth. First- 
grade elementary certificates shall be granted to persons who have had at 
least eight months' experience and who are found proficient in the follow- 
ing subjects in addition to those required for second-grade elementary: 
Psychology, and four of the following subjects of secondary grade — algebra, 
plane geometry, physics, physical geography, botany, elements of agriculture, 
nature study, manual training, domestic science, and American literature; 
such certificate shall be valid for three years in any county when registered 
by superintendent thereof and shall qualify the holder to teach in the eight 
elementary grades and the ninth grade of schools doing only one year of 
high-school work. Either a first-grade or a second-grade elementary certifi- 
cate may be renewed by the county superintendent. The second-grade pro- 
fessional certificate shall be issued to person having taught at least nine 
months and who shows proficiency in the following advanced subjects in 
addition to those required for first-grade elementary : Psychology ; history of 
education ; principles of education ; school administration ; methods ; rhetoric 
and composition ; American or English literature ; ancient, English, or Ameri- 
can history; one natural science; higher algebra; solid geometry; manual 
training or domestic science ; said certificate shall be valid for five years and 
shall entitle the holder to teach in any common or high school, except in 
high schools doing four years' work. The first-grade professional certificate 
shall be granted to those who have the equivalent of a college education and 
have taught at least 18 months; they shall have qualifications required for 
second-grade professional and, in addition, shall be found proficient in the 



E (b). teachers' certificates^ general. 407 

following : A foreign language ; one natural science ; ethics, logic, or sociology ; 
political science, economics, or domestic science; any two subjects of college 
grade not previously presented; first-grade professional shall be valid for 
five years or for life and shall entitle the fiolder to teach in any elementary 
or high school. Special certificates to teach in any elementary or high school 
music, drawing, kindergarten or primary subjects may be granted to teachers 
holding at least a second-grade elementary certificate. Special certificates to 
teach agriculture, commercial subjects, domestic science, or manual training 
in the elementary or high schools may be granted to teachers having quali- 
fications equivalent to those required for a second-grade professional ; appli- 
cant must satisfy board of ability to teach special subject. Accredited di- 
plomas: Diploma from four-year curriculum of teachers' college of State 
university shall be accredited as a first-grade professional certificate for two 
years and thereafter such certificate may be renewed for life ; diploma from 
five-year curriculum of State normal schools or the two-year curriculum for 
high-school graduates shall be accredited as a second-grade professional for 
two years and thereafter may be renewed for life; diploma from the four- 
year curriculum of the State normal schools or the one-year curriculum for 
high-school graduates shall be accredited as a second-grade professional for 
two years and thereafter may be renewed for five years ; certificate of comple- 
tion of the lOi months' curriculum of the State normal schools shall entitle 
holder to a second-grade elementary certificate. Diplomas from institutions 
within or without the State shall be accredited by professional certificates 
issued thereon as follows: (1) A bachelor's diploma from a recognized college 
shall be accredited as a first-grade professional, if it implies at least 16 
semester hours of professional study for teaching or if holder has taught suc- 
cessfully for at least three years, and such diploma may be valid for five 
years after nine months and for life after five years of experience; (2) di- 
ploma from an institution whose course is equivalent to the four-year or five- 
year curriculum of the State normal schools shall be valid for two years as 
a second-grade professional if holder has had 16 semester hours of profes- 
sional study or has taught successfully for three years, and after nine months 
of experience such diploma may be valid for five years or for life. A permit 
to teach may be granted to a college graduate for six months, in which time 
such graduate shall prepare for examination in professional subjects; a per- 
mit may be granted to an applicant until next regular examination. Diploma 
from year covering psychology, pedagogy, and two senior review subjects 
shall entitle holder to a second-grade elementary certificate; after holder has 
. had eight months of successful experience he shall be entitled to a first- 
grade elementary certificate. County superintendent shall conduct examina- 
tions in February, May, August, and November and shall forward answer 
papers to board of examiners. No person not holding a State certificate shall 
be employed as a public-school teacher, except in districts organized under 
special laws or as independent districts. Board of examiners may revolve any 
certificate for cause. Fees: First-grade professional, $5; second-grade pro- 
fessional or special certificate, $3 ; for renewal of professional or special cer- 
tificates same fee as for issuance; for elementary certificates, a fee of $2 
for issuance and $1 for renewal. 

See also A (bl), State boards; A (c2), County officers; G (d), Teachers' 
institutes and summer schools; O (b), Agricultural schools; P (c), State 
universities and colleges. 
Ohio: There shall be a State board of school examiners, consisting of five 
persons, residents of State, appointed by State superintendent ; no more than 
three of them shall belong to same political party ; term of office, five years ; 



408 STATE LAWS RELATING TO PUBLIC EDUCATION. 

examiners appointed one year eacli. Said board may issue three grades of 
life certificates to persons possessing requisite scholarship, good character, 
and professional experience and ability; clerk of board shall keep record of 
such certificates and report san>e annually to State superintendent. Appli- 
cants for life certificates shall possess professional training as follows: (1) 
After January 1, 1915, a one-year course or its equivalent in institution of 
college or normal school rank, or a year's course in an approved arts college ; 
(2) after January 1, 1920, two years of such work, not less than one-fourth 
of which shall be in educational subjects ; if not a graduate of institution of 
college or normal-school rank or liberal arts college, applicant shall have had 
at least 50 months of successful teaching experience, and shall be graduate of 
first-grade high school or its equivalent. A graduate from any normal school, 
teachers' college, college, or university, who has completed two years' aca- 
demic and professional course in such institution, and who possesses a first- 
grade high-school diploma, or its equivalent, shall, upon application to State 
superintendent and payment of fee of $1, be granted, without examination, a 
provisional elementary certificate valid for four years, if such institution has 
been approved by State superintendent; such graduate who has completed 
four years' course shall receive a provisional high-school certificate valid for 
four years; a graduate from such institution who has completed a special 
two-year course, with training in a special subject, and who possesses a first- 
grade high-school diploma, or its equivalent, shall receive provisional special 
certificate valid for four years. State board of examiners shall issue without 
examination to any holder of a State provisional certificate, a life certificate 
of similar kind after 24 months of successful teaching under provisional 
certificate; said board shall issue without examination a State life high- 
school certificate to a holder of degree from any normal school, teachers' 
college, or university approved by State superintendent upon completion of 
50 months of successful teaching; all certificates hereinbefore enumerated 
shall be countersigned by State superintendent and shall be valid in any 
school district, unless revoked for cause. Each member of board shall re- 
ceive $5 per day and expenses while engaged in oflacial service, to be paid 
out of State treasury; supplies needed by said board shall be furnished by 
. secretary of State. 

There shall be a county board of examiners for each county, consisting of 
county superintendent, one district superintendent, and one other competent 
teacher; latter two appointed by county board of education; the teacher so 
appointed must have had at least two years' exi)erience as teacher or super- 
intendent, and be actively engaged in county in educational work; no ex- 
aminer shall be connected in any way with any school not supported in whole 
or in part by State, or be employed as paid instructor in any teachers' insti- 
tute, or be interested in any publishing business; term of office shall be two 
years, one appointed each year; appointment of examiner may be revoked for 
cause. County superintendent shall be clerk of board. Each board shall hold 
eight public meetings each year for examination of applicants for county 
teachers' certificates; said board shall hold no private examination or ante- 
date any certificate. A majority of said board may examine applicants and 
grant certificates. Applicants may, if they so elect, take one-half of subjects 
on one day and remaining half on next ; if applicant shall receive a grade of 
less than 75 per cent on any subject on first day, he may elect to be reex- 
amined the following day. Each applicant shall pay fee of 50 cents for use 
of county board of education fund ; if examination be taken on two days, ap- 
plicant shall pay 50 cents fee for each day. Questions for county examina- 



E (b). TEACHEKS^ CERTIFICATES, GENERAL. 409 

tion shall be prepared and printed under direction of State superintendent 
and distributed under seal to clerks of county boards of examiners, such 
seal to be broken in presence of applicants and a majority of examining 
board. Clerk shall make report of examinations to county auditor. Board 
of examiners may grant one-year and three-year certificates, valid in village 
and rural school districts of county wherein issued ; not more than three one- 
year certificates and not more than one three-year certificates may be issued 
to any one person ; such three-year certificates may be renewed twice only on 
proof of successful teaching; certificate shall date from 1st day of September 
following. All five-year and eight-year certificates shall continue in force and 
be renewed by State superintendent upon proof of successful teaching by 
holders ; each application for renewal shall be accompanied by fee of 50 cents. 
All two-year and three-year primary, elementary, and high-school certificates 
now granted shall continue in force and be renewed by county examiners on 
proof of five years' successful teaching experience. Applicants for a one-year 
or a three-year elementary, high school, or special certificate shall possess pro- 
fessional training not less than following : After January 1, 1915, not less than 
six weeks of classroom instruction in recognized institution for training of 
teachers; after January 1, 1916, 12 weeks; after January 1, 1917,18 weeks; 
after January 1, 1918, 24 weeks ; after January 1, 1919, 30 weeks ; after Janu- 
ary 1, 1920, one year. Applicants for a one-year or a three-year elementary 
certificate shall have had at least one year's training in approved high 
school, and after January 1, 1920, two years of such training. Applicants for 
a one-year or a three-year high-school or special certificate shall have had at 
least two years' training in approved high school ; after January 1, 1920, cer- 
tificates of graduation from a first-grade high school. County examiners 
may issue certificates without examination to holders of certificates from 
other county and city boards of examiners. Every applicant for a teacher's 
certificate shall be given a practical test in actual teaching. Between regular 
examinations county examiners may issue temporary certificates valid only 
until next regular examination. No certificates shall be issued to any person 
less than 18 years old ; examiners may revoke any certificate for cause, but 
not until teacher has been heard. No person shall be employed as teacher in 
any public high school of any village or rural district, or be superintendent 
in such district, who does not possess certificate of good moral character; 
that he or she is qualified to teach six branches or more selected from fol- 
lowing (three of which shall be algebra, physics, and rhetoric) : Literature; 
general history; algebra; physics; physiology, including narcotics; Latin; 
German; rhetoric; civil government; geometry; physical geography; botany 
and chemistry; and high-school agriculture; and that he or she possesses 
adequate knowledge of theory and practice of teaching. No person shall be 
employed as a teacher of special subjects in any public elementary or high 
school in any city, village, or rural district without certificate of good moral 
character, and that he or she is qualified to teach such special branches, and 
possesses adequate knowledge of theory and practice of teaching. A 
" teacher's emergency certificate," valid for one year in any village or rural 
district, may be granted by county examiners, with approval of State super- 
intendent, to applicants of one year's experience teaching in public schools 
whenever there is a shortage of teachers in any district. County examiners 
may grant one-year certificates to teachers who have completed a one-year 
normal course approved by State superintendent. Such certificates may be 
renewed for one or three years without examination. Said examiners shall 
grant one-year certificates to graduates of first-grade high schools who have 



410 STATE LAWS KELATING TO PUBLIC EDUCATION. 

completed a one-year professional course approved by State superintendent. 
Expenses incurred in conducting examinations shall be paid out of county 
treasury. Cierk shall make annual report to State superintendent relating 
to work of county board of examiners. County superintendent shall receive 
no additional compensation for serving as clerk of board of examiners. 

There shall be a city board of examiners for each city district, composed 
of city superintendent and two teachers sei-ving in schools of district, to be 
appointed by city school board, term two years, one appointed each year. 
Each city board of examiners shall determine qualification of teachers; may 
employ special examiners; shall hold not less than two examinations each 
year; at least two examiners shall be present at each examination. Each 
board of city examiners may grant certificates for one year and three years, 
each renewable twice. Five-year and eight-year certificates now granted 
shall continue in force, and may be renewed by State superintendent upon 
proof of successful teaching by holders thereof ; renewal fee shall be 50 cents. 
All two-year and three-year primary, elementary, and high school certificates 
now granted shall continue in force, and may be renewed by city examiners 
upon proof of five years' successful teaching experience. County and city 
examiners may issue certificates without examination to holders of certifi- 
cates from other cities and counties. City examiners may grant certificates 
without examination, except in theory and practice of teaching and in science 
of education, to graduates of teacher training schools, having two-years' 
course of study in addition to graduation from a first-grade high school, and 
of colleges or universities, having four-years' course of study in addition to 
graduation from first-grade high school ; said examiners may issue temporary 
certificates valid until following regular examination. No x>erson under age 
of 18 years shall be granted a certificate. Any certificate may be revoked 
for cause, but not until holder shall have been heard. Provisions relating to 
kinds of certificates issued by county examiners shall apply to city boards of 
examiners, except that city examiners may require teachers in elementary 
schools to be examined in drawing, music, or German. Each city board of 
education shall fix compensation of examiners and furnish supplies, to be 
paid out of the contingent fund of the district. Clerk of city board of 
examiners shall annually report proceedings of such board to State superin- 
tendent; said clerk shall pay examination fees to treasurer of district. Ex- 
amination papers shall be kept on file for 60 days ; any applicant may have his 
papers reviewed, and may appeal to State superintendent if he feels that he 
has been discriminated against; a fee of $1 shall accompany every such 
appeal. 

See also A (b2). State officers. 
Oklahoma: In each county there shall be a board of county examiners com- 
posed of county superintendent and two persons appointed by him, said ap- 
pointee to hold first-grade certificates or diplomas from some State univer- 
sity, normal school, or agricultural college; appointees shall receive $3 per 
day for not to exceed 5 days each quarter, except at close of institute not to 
exceed 10 days, said sums to be paid from contingent fund of county. The 
board, two constituting a quorum, shall hold quarterly examinations for 
applicants for county certificates; such applicants must be of good moral 
character and able to teach and govern schools successfully. County certifi- 
cates shall be of three grades, first, second, and third, valid for four years, 
two years, and one year, respectively. Applicants for first-grade certificate 
shall take examination in algebra, physics, American literature, arithmetic, 
composition, civics, elementary psychology, English grammar, geography, 



E (b). TEACHEES^ CERTIFICATES, GENEEAL. 411 

Oklahoma history and government, orthography, physiology and hygiene, 
reading, theory and practice of teaching, United States history, writing, and 
the elements of agriculture, domestic science, music, and general history; 
applicants shall be at least 20 years old, shall have taught at least 12 school 
months, and must make general average of at least 90 per cent, and not less 
than 75 per cent in any subject. Certificates of second grade may be issued 
to persons not under 18 years old, who have taught six school months, and 
who have passed examination in all first-grade subjects except algebra, 
physics, and general history; such applicants must make general average of 
at least SO per cent, and not less than 65 per cent in any one subject. Third- 
grade certificates may be issued to persons not under 18 years old who shall 
pass examination in all second-grade branches except American literature and 
psychology ; such applicants must make general average of at least 75 per 
cent, and not less than 60 per cent in any one subject; third-grade certificate 
shall not be issued more than twice to same person. All county certificates 
may be renewed by county superintendent when holder has attended 75 per 
cent of normal institutes or teachers' training courses held in county where 
he has taught, or has taken at least 10 weeks' training in any of State normal 
schools, and has attended 50 per cent of county teachers' associations of 
county where teaching, and has been continuously engaged in teaching. 
First-grade county certificates shall be valid in any county of State ; second- 
grade, in counties adjoining county issuing such certificate ; third-grade, only 
in county where issued. By paying additional fee of $2, applicants for first- 
grade certificate may have county superintendent forward papers to State 
superintendent for grading, and may be granted a State first-grade certificate ; 
State superintendent shall use fees so collected in paying assistants to exam- 
ine such papers. State superintendents may renew first-grade certificates for 
period of four years on like conditions as prescribed for renewal of county 
first-grade certificates, except that alternative of normal-school attendance 
shall be 20 weeks. No grades shall be carried from a lower to a higher 
certificate, but credits secured within three years from any of State normal 
schools, the State university, and the agricultural and mechanical college 
may be substituted in lieu of an examination on subjects so credited, and 
such credits may be carried from a lower to a higher certificate. County 
superintendents may issue temporary certificates, valid in a designated dis- 
trict until following examination, but not twice to same person; no person 
who fails in a regular examination shall be granted such certificate. The 
violation of any provision of this act shall constitute a misdemeanor. Any 
person who shall offer to sell, barter, or give away what purports to be copies 
of questions of future examinations shall be guilty of a misdemeanor, and 
be forever barred from teaching in public schools; any printer or other 
custodian of examination questions who shall willfully permit such questions 
to fall into the hands of any unauthorized person shall be guilty of a misde- 
meanor. Examination questions shall be prepared under direction of State 
superintendent and sent to county superintendents upon requisition; ques- 
tions shall be placed under seal, and opened by examiner in presence of appli- 
cants; any violation of this provision shall constitute a misdemeanor. Any 
person who offers to give or receive aid on examination shall be barred from 
certificate for one year. After January 1, 1916, no person shall receive third- 
grade certificate who has not had academic training equivalent to one year 
in an approved high school, or at least 10 weeks in an approved professional 
school of this or another State; no second-grade certificate unless two years 
of high-school training or 20 weeks of professional training; no first-grade 



412 STATE LAWS KELATING TO PUBLIC EDUCATIOK. 

certificate unless three years of liigh-school training or 36 weeks of profes- 
sional training. Any certificate may be revoked for proper cause. 

See also A (bl), State boards; A (f), Administrative units — districts, etc.; 
G (b), State normal schools; G (d), Teachers' institutes and summer 
schools; L (j), Agriculture. 
Oregon: AJl teachers' certificates, except temporary county certificates and 
certificates issued in cities having over 100,000 inhabitants, shall be issued by 
the State superintendent. Classification: (1) Life State certificates, five-year 
State certificates, primary five-year State certificates, one-year State certifi- 
cates, special certificates; (2) temporary county certificates; (3) special dis- 
trict certificates. Fees required: Life certificate, $6; five-year State, $4; 
primary five-year, $4; one-year, $2; special, $6; temporary county, $2.50. 
Renewal of five-year or five-year primary, $4 ; of one-year, $2. Such fees shall 
be transmitted to the State superintendent and by him paid to the State 
treasurer for a " State board of examiners' fund." State board of examiners 
shall consist of nine professional teachers appointed by State superintendent 
to prepare questions and necessary number of professional teachers appointed 
by superintendent in June and December to grade papers; said examiners 
shall receive from State board of examiners' fund $5 per day each for time 
employed. A life State certificate valid throughout the State shall be granted 
to an applicant who has had at least 60 months' experience, 15 of which shall 
have been in the State, and shall pass examination with general average of 
85 per cent or more and not less than 70 per cent in any one of the following : 
Arithmetic, writing, spelling, reading, physiology, school law, civics, grammar, 
geography, theory and practice of teaching, United States history, psychology, 
American literature, English literature, algebra, physical geography, plane 
geometry, botany, physics, bookkeeping, composition, general history, geology, 
and history of education. A five-year State certificate shall be granted to an 
applicant who has taught at least 12 months and who shall pass an examina- 
tion with a general average of not less than 85 per cent and shall not 
fall below 70 per cent in any one of the subjects required for life certificate, 
except English literature, plane geometry, botany, physics, bookkeeping, gen- 
eral history, geology, and history of education. Holder of five-year State 
certificate may be granted a life certificate on passing examination m addi- 
tional subjects required for life certificate; a five-year certificate may be 
renewed when holder has attended a higher institution for 32 weeks within 
six years from date of issuance and has done work in at least four subjects, 
one of which shall be education. A primary five-year certificate shall be 
granted to an applicant who has had at least 12 months' experience and who 
shall pass an examination with a general average of not less than 85 per cent 
and shall not fall below 70 per cent in any of the following: Methods in 
reading, arithmetic and language, and theory and practice of teaching, writing, 
spelling, physiology, psychology, and shall write a thesis on an educational sub- 
ject ; such certificate shall be valid in first, second, and third grades ; it may be 
renewed for 32 weeks of study in a higher institution or after 32 months' 
teaching during its validity. A one-year State certificate shall be granted to 
an applicant who shall pass an examination with a general average of 75 per 
cent and shall not fall below 60 per cent in any one of the following : Arith- 
metic, civics, geography, grammar, history, spelling, physical geography, read- 
ing, school law. theory and practice of teaching, and writing ; such certificate 
may be granted without examination to a graduate of a four-year high school, 
including the training course therein; it may be renewed once. Graduates 
of standard colleges or universities having completed 120 semester hours. 



E (b). TEACHEES' CERTIFICATES, GENERAL. 413 

including 15 in education, shall be entitled to a one-year certificate, and after 
teaching six months may receive a five-year State certificate without exami- 
nation; after 30 months' experience holder of said certificate may receive a 
life certificate; any graduate holder of certificate herein provided is author- 
ized to act as a city superintendent of schools or may teach in any high 
school. A one-year certificate authorizing the holder to teach only in high 
schools shall be granted to a graduate of a nonstandard college or university 
who has completed 120 semester hours above the high school and who shall 
pass an examination with a general average of 85 and shall not fall below 
70 per cent in any 10 of the following : Algebra, American literature, English 
literature, psychology, physical geography, plane geometry, composition, gen- 
eral history, geology, history of education, botany, physics, chemistry; after 
six months' experience holder may receive a five-year State certificate, good in 
high schools; after 30 months' experience holder of said five-year certificate 
may receive a life certificate. Graduates of standard normal schools shall be 
entitled to one-year certificates authorizing them to teach in any grammar 
school or in any one-year, two-year, or three-year high school; after six 
months' experience holder of said certificate may be granted a five-year cer- 
tificate valid in same schools; after 30 months' experience holder of five- 
year certificate may be granted a life certificate valid in same schools, but he 
may receive a certificate valid in all schools after completion of two addi- 
tional years in a standard college or university; the holder of certificates 
granted under this section is authorized to act as a city superintendent of 
schools. On evidence of applicant's fitness, State superintendent may issue 
a certificate to teach a special subject, as music, manual training, etc. Any 
teacher employed in a four-year high school must, except as otherwise pro- 
vided in this act, be a graduate of a standard college or university, or the 
holder of a life certificate or State diploma, but graduates of standard normal 
colleges may teach in training classes in high schools. In case of necessity, 
county superintendent may issue a temporary county certificate, valid until 
next examination, to holder of certificate from another State or to any person 
passing examination required for one-year State certificate, except in school 
law. The school board in districts having more than 100,000 population may 
create a board of examiners for the purpose of issuing certificates valid in 
said city. State certificates shall be valid in any county, but must be regis- 
tered with the county superintendent ; before registration, teacher must have 
completed reading-circle work prescribed by State superintendent. No person 
under 18 years old shall receive a teacher's certificate; applicant must give 
evidence of good moral character. No person shall be admitted to the ele- 
mentary-teachers' training course who shall not have completed the second 
high-school year or its equivalent; no certificate to teach in any elementary 
school unless such person has completed an elementary-teachers' training 
course or equivalent, but this section shall not apply to teachers having had 
six months' experience. Any certificate may be revoked for cause by the 
authority issuing the same after hearing granted to the teacher; appeal may 
be taken from county superintendent to State superintendent or from State 
superintendent to State board of education. Examinations shall be held at 
county seats on the third Wednesdays in June and December and shall con- 
tinue three days; they shall be held by county superintendents under rules 
prescribed by the State superintendent; all papers written in examination 
shall be transmitted to the State superintendent. On certificate of county 
superintendent. State superintendent in computing grades may add 10 credits 
each in two subjects for successful experience. Credits secured upon exami- 



414 STATE LAWS RELATING TO PUBLIC EDUCATION. 

nation by State authorities from other States shall be accepted by State 
superintendent when secured by examination for the corresponding grade of 
certificate, but standing shall be accepted subject for subject, and the passing 
standing shall not be less than 80 per cent in any one subject; credit for 
successful teaching may be allowed. 

See also A (bl). State boards; A (cl). County boards; A (c2), County 
officers. 
Pennsylvania: Every public-school teacher shall hold a provisional, profes- 
sional, or State certificate; any county or district superintendent may issue 
provisional certificates to persons who pass satisfactory examinations in spell- 
ing, reading, writing, physiology and hygiene, geography, English grammar, 
arithmetic, elementary algebra, history of the United States and of Pennsyl- 
vania, civil government (including State and local government), school man- 
agement, and methods of teaching, valid for one year under the supervision 
of the superintendent issuing the same. Public-school teachers having taught 
successfully two full terms under the supervision of any county or district 
superintendent, and having passed examinations in any two of the following 
subjects, in addition to provisional certificate subjects: Vocal music, drawing, 
English literature, plane geometry, general history, physical geography, ele- 
mentary botany, elementary zoology, or elementary physics, and having read 
intelligently two books on pedagogy, shall receive professional certificates 
valid for three years; examination papers for professional certificates shall 
be kept on file for at least three years; professional certificates may be re- 
newed by passing in two additional subjects required for professional certifi- 
cates and by reading two additional books on pedagogy, but no professional 
certificate shall be renewed more than three times; any county or district 
superintendent in districts of second and third class may indorse professional 
certificates issued by other superintendents. State certificates shall include 
the following: Permanent State certificates. State normal-school certificates, 
State normal-school diplomas, provisional college certificates, and permanent 
college certificates. The State superintendent shall select places and times for 
holding examinations for such certificates and shall appoint examining boards 
of superintendents or teachers holding State certificates ; members of examin- 
ing boards shall be reimbursed by the State for necessary expenses. Teachers 
of two years' successful experience, holding provisional certificates, are eligi- 
ble for permanent State certificates. Examining boards shall hold one or 
more examinations each year, on subjects hereinbefore enumerated; candi- 
dates must have intelligently read four books on pedagogy approved by the 
State superintendent; results of examinations shall be certified to the said 
State superintendent and examination papers shall be filed for one year. 
State normal-school certificates shall be issued for two terms ; diplomas shall 
be permanent. The State superintendent may grant provisional certificates 
to graduates of colleges or universities, which have been approved by the 
State college and university council, when candidates shall have completed at 
least 200 hours of work in pedagogical studies ; such certificates shall be valid 
for three school terms. Provisional college certificates shall become perma- 
nent after three years of successful teaching. State superintendent may 
validate certificates issued by other States; shall provide special examina- 
tions and certificates for teachers of special subjects. No teachers' certificate 
shall be granted to any person who does not present a certificate from a 
legally qualified physician, to the effect that the candidate is mentally and 
physically capable of performing such duties. Certificates may be annulled 
for incompetence, cruelty, negligence, immorality, or intemperance. Every 



E (b). TEACHEES' CERTIFICATES, GENERAL. 415 

county and district superintendent shall keep a record of all certificates 
issued; teachers shall register certificates with proper superintendent when 
entering upon work. 

Rhode Island: No person shall be employed to teach, as principal or assistant, 
in any public school who does not possess a certificate from the State board 
of education. Said board shall hold examinations for certification of teach- 
ers; may grant certificates without examination to proprely qualified persons; 
may annul any certificate for cause. School committee may discharge any 
teacher for cause after teacher has been heard. Every teacher shall keep 
complete school record. No member of any school committee shall be prin- 
cipal or teacher in any public school under his control. Every teacher shall 
aim to implant in minds of children the priiiciples of morality and virtue. 
Every person in charge of a public or private school of more than 25 pupils 
shall instruct such children in fire drills at least once a month; failure so 
to do shall constitute a misdemeanor; commissioner of public schools shall 
formulate a uniform fire code for schools; colleges, universities, and evening 
schools shall be exempt from provisions as to fire drills. Schoolmasters are 
exempt from jury duty. 

South Carolina: See A (bl), State boards; A (cl), County boards; A (d), 
District boards and oflicers; A (f), Administrative units — districts, etc. 

South Dakota: The superintendent of public instruction may issue two pro- 
fessional certificates — the State certificate and the life diploma. A life 
diploma, valid during good behavior, shall entitle holder to teach in any 
public school. Applicants for life diploma must show proficiency in reading, 
spelling, writing, arithmetic, grammar, composition, geography. United States 
history, including South Dakota history, civics, and physiology and hygiene, 
and must pass examination in physical geography, physics, algebra, geometry, 
general history, English language and rhetoric, English and American 
literature, either economics or sociology; any two of botany, zoology, physi- 
ology, physics, chemistry, Latin, German, geology and mineralogy, astronomy, 
algebra and trigonometry, all of college grade; and pedagogy, psychology, 
and history of education; a diploma from the State university or from any 
approved college may be accepted in lieu of examination in the subjects 
named if applicant has in college pursued a teacher's professional course 
of at least one-fourth work during at least 18 months; a diploma from a 
State normal school having at least two years' work above a four-year high- 
school course, or from any other normal school having a course of study of 
the same grade may be accepted in lieu of examination in the subjects 
named; any applicant for a life diploma must present evidence of at least 
40 months' successful experience in teaching. A State certificate shall 
entitle holder to teach in any public school for five years; applicant must 
show proficiency in spelling, reading, writing, arithmetic, geography, English 
grammar, physiology and hygiene, United States history, and shall pass 
examination in civics, American literature, drawing, algebra, plane geometry, 
physical geography, physics or botany, general history, pedagogy, and English 
language, composition, and rhetoric; he must also present evidence of 24 
months' successful experience; a diploma from a State normal school having 
a course of at least two years' work above a four-year high school, or from 
any school of same grade, may be received in lieu of examination in the sub- 
jects named; applicant presenting evidence of such graduation shall also 
present evidence of having taught 18 months ; State superintendent may grant 
a provisional certificate to graduate not having taught 18 months. State 
superintendent may renew State, first grade, and primary certificates within 



416 STATE LAWS EELATING TO PUBLIC EDUCATION. 

one year of tlieir expiration ; he may validate certificates of other States of 
the value of life diploma, State certificate, or first-grade or second-grade 
certificate; he may revoke life diploma or State certificate for cause. Fees: 
Life diploma, $10; State certificate, $5; provisional, $2; such fees shall be 
paid to State general fund. 

The State superintendent may issue the following teachers' certificates: 
First grade, valid for not exceeding three years; second grade, for not ex- 
ceeding two years ; third grade, for not exceeding one year ; primary teacher's, 
for not exceeding five years. Gradings for scholastic qualifications shall be 
given under the direction of the State superintendent; gradings for profes- 
sional attainments, teaching skill, and moral character shall be given by 
county superintendent; both such gradings are required for all grades of 
certificates. A diploma from a State normal school, or other school having 
two years' work beyond the approved eighth-grade course of the public 
schools and which shall include professional Instruction and practice teach- 
ing equal to one hour a week for two years, may be accepted ])y the State 
superintendent in lieu of an examination for the second-grade certificate ; the 
courses of study pursued for a certificate under the provisions of this sec- 
tion shall include all those branches required in the examination for first and 
second grade certificates, respectively. 

A first-grade certificate shall be valid in all public schools of the State 
below the high school. Branches required for first grade: Spelling, reading, 
writing, arithmetic, geography, physical geography, English grammar, physi- 
ology and hygiene, United States histoiy, civics, South Dakota history, cur- 
rent events, American literature, didactics, and drawing. 

A second-grade certificate shall be valid in the county where examination 
is held for all schools below the high school and may be validated in any 
other county by indorsement of the superintendent thereof. Bj-anches re- 
quired for second grade : Same as for first grade, except physical geography, 
current events, and American literature. A third-grade certificate, valid 
only in grades below the high school in the county where issued, may be 
granted by State superintendent to applicant failing to meet requirements for 
second grade; not more than two third-grade certificates shall be issued to 
the same teacher. A primary certificate shall entitle holder to teach in 
kindergartens and first and second grades in cities and towns. Branches re- 
quired in examination: Same as for second grade, except that questions in 
kindergarten and primary methods are added; said certificate may be vali- 
dated by indorsement in county other than where issued. liegulations for 
holding examinations of teachers by county superintendents shall be pre- 
scribed by the State superintendent; to receive certificate person must be 
over 18 years old ; a fee of $1 shall be charged for all first, second, and third 
grade certificates, proceeds to be divided equally between institute fund and 
general fund of the State. Time of examinations shall be uniform throughout 
the State, and county superintendent or his agent shall conduct the same. 
Employed teachers may attend examinations for not exceeding two days 
without loss of pay. County superintendent may issue special certificates of 
the first, second, or third grade, valid in the district specified until next 
examination. All public-school teachers must hold certificates, but in cities 
and independent districts teachers of music, drawing, penmanship, bookkeep- 
ing, foreign language, or kindergarten shall not be required to hold a county 
certificate. County superintendent shall revoke first, second, and third grade 
and primary certificates for cause; teacher whose certificate is revoked may 
appeal to State superintendent. 

See also A (f), Administrative units — districts, etc. 



E (b). TEACHEES' CERTIFICATES, GENERAL. 417 

Tennessee: No person shall be employed to teach in a public elementary or 
high school until he has received a certificate as provided in this act; no 
person receiving certificate shall be under 18 years old and no principal of a 
school having more than one teacher shall be under 20 years old; all must 
be of good moral character ; no person having a dangerous contagious or com- 
municable disease shall be employed, and school board may require teacher 
to submit to physical examination. Teacher shall keep prescribed register 
and deliver it to county superintendent at end of term; principal teacher 
may suspend pupil for cause, but report shall be made immediately to county 
board of education. Teacher shall attend county institute, or in lieu thereof 
may attend summer school. Requirements to teach in public schools of State 
shall be uniform in all counties, and every certificate shall be issued by State 
superintendent. Except in case of professional certificates granted to grad- 
uates of approved normal schools and colleges, applicant to teach in ele- 
mentary schools shall pass examination in subjects prescribed for elementary 
schools and in principles and practice of teaching and school management, 
and applicant to teach in high school shall pass examination in history of 
secondary education, principles and practice of teaching, school management, 
English language and literature, and other subjects named on certificate; 
standards for examinations shall be determined by State superintendent. Cer- 
tificates shall be elementary of first or second grade or high school of first 
or second grade ; first grade shall be valid for five years, second grade for two 
years; certificates granted under supervision of county examiners shall be 
valid only in county where issued, and those granted under supervision of 
State board of examiners shall be valid in any county. Applicant for first 
grade must be 19 years old, have had at least eight months' experience in 
teaching, and must make general average of 85 per cent on all subjects and 
not less than 70 per cent on any one subject ; an applicant making first-grade 
average shall be granted first-grade certificate after acquiring required expe- 
rience. When supply of teachers is insufficient, State superintendent may 
issue temporary certificates. Professional certificates granted toithout exami- 
nation: (1) Elementary certificate of first grade to graduates of academic 
course of State normal schools; (2) certificate good in all schools, except high 
schools of first class, to graduates of normal course of State normal schools; 
(3) high-school certificate of first grade to graduate of State university hav- 
ing completed six half-year courses offered by university in psychology, 
history of education, principles of teaching, and school management; (4) 
certificates to graduates of other institutions whose standards are not lower 
than those of State normal schools and State university. State superintendent 
may revoke certificate for cause. Said superintendent shall, with help of 
State board of examiners, announce courses of study for holders of certificates, 
elementary and high school, of first grade, and such holders on passing 
examination on subjects embraced in such course shall be granted permanent 
certificates, but permanent certificate shall be revoked if holder discontinues 
school work for more than three successive years or fails to attend institutes. 
State board of educatoin and State superintendent shall constitute State board 
of examiners ; normal-school presidents, high-school inspector, and elementary- 
school inspector may be required to assist in conducting examinations; 
superintendent may employ assistants to grade papers and otherwise help 
carry out provisions of this act. County superintendent, chairman of county 
board of education, and a person designated by State superintendent shall 
constitute county board of examiners, who shall hold examinations at county 
seat on dates prescribed by State superintendent; county examiners shall 
3966°— 15 27 



418 STATE LAWS RELATING TO PUBLIC EDUCATION. 

conduct examination according to law and rules prescribed by State super- 
intendent and State board of education, and shall forward examination papers 
of all applicants to State superintendent; misdemeanor to furnish examina- 
tion papers to applicants except as provided by law. Fee for examination for 
elementary-school license, $2.50; for high-school license, $3.50; for license on 
credential in lieu of examination, $2.50. Provisions of this act shall apply to 
all public-school teachers except those employed by cities of more than 7,500 
population. 

See also A (bl), State boards; A (b2), State officers; B (a), General State 
finance and support; F (a), Teachers' contracts, duties, etc.; N (a), High 
schools. 
Texas: County superintendent shall appoint two persons, holders of first-grade 
certificate or higher, to be county board of examiners to hold ofllce at pleasure 
of superintendent; such examiners shall, if necessary, hold examinations In 
June, July, August, September, December, and when directed by State super- 
intendent ; questions prescribed by State department and papers of applicants 
returned to be graded by State board of examiners, but county examiners 
may grant county second-grade certificates not to be renewed to same person. 
Examination fee, $2; applicant must present from three reputable citizens 
certificate as to his good moral character. Certificates shall be first grade 
temporary, second grade temporary, State i>ermanent, and State permanent 
primary. Applicant for second grade shall be examined in spelling, reading, 
writing, arithmetic, English grammar, geography, Texas history, elementary 
physiology and hygience, school management and methods of teaching. 
United States history, and elementary agriculture. Applicant for first grade 
shall be examined in same subjects and in English composition, civil govern- 
ment, algebra, physical geography, elements of geometry, and general history ; 
first and second grade certificates shall be valid for four years, if applicant 
makes general average of 75 per cent and not less than 50 per cent in any 
one subject ; valid for six years, if applicant makes general average of 85 per 
cent and not less than 50 per cent in any one subject. Applicant for State 
permanent primary certificate shall be examined in subjects for second grade 
and, in addition, civil government, English composition, physical geography, 
history of education, elementary psychology, and English and American liter- 
ature; holder of State permanent primary certificate may, during first six 
years of its validity, build to State permanent by standing examination in 
additional subjects of algebra, physics, elementary geometry, general history, 
chemistry, solid geometry, plane trigonometry, and elementary double-entry 
bookkeeping. Holder of a State first-grade certificate may build to a State 
permanent primary by standing examination in additional subjects of history 
of education, elementary psychology, English and American literature, and 
he must make general average of 85 per cent and not less than 50 per cent 
in any one subject. Applicant for State permanent certificate shall be ex- 
amined in subjects prescribed for second and first grade certificates and, in 
addition, in history of education, psychology, English and American litera- 
ture, chemistry, solid geometry, physics, plane trigonometry, and elementary 
double-entry bookkeeping. In building to a higher certificate applicant shall 
have privilege of being examined in one or more subjects at any one exami- 
nation. Holder of a second-grade or permanent primary certificate shall be 
eligible to teach only in elementary grades; holder of first-grade or perma^ 
nent certificate shall be eligible to teach in any public school. Diploma of a 
Texas normal college shall be equivalent to State permanent certificate; 
bolder of first-grade certificate from a Texag ngrinal college shall be entitled 



E (b). TEACHEES' CEKTIFICATES, GENERAL. 419 

to teach six years; holder of second-grade from such college shall be entitled 
to teach four years; holder of diploma from Peabody Normal College at 
Nashville, Tenn., shall be entitled to a State permanent certificate. State 
superintendent may provide summer normal institutes in which examinations 
may be held for the certification of teachers. Teachers' diploma granted by 
University of Texas representing four full courses in education and the B. A. 
degree shall entitle holder to State permanent certificate; four full courses 
in the college of arts and one full course in department of education of State 
University or any college ranked by State superintendent as first class shall 
entitle holder to first-grade certificate, valid for four years. Holder of diploma 
conferring degree of B. A. or equivalent bachelor's degree w^ho has had four 
full courses in education in a college of the first class may be granted a per- 
manent State certificate; holder of such a diploma who has not had four 
courses in education may receive a permanent certificate after teaching three 
years. In towns and cities having 500 or more school population, organized 
as special districts, conducting schools for nine months and employing a 
superintendent, such superintendent and two teachers appointed by him shall 
constitute board of examiners; certificates valid only in city where issued. 
Kinds of certificates: Temporary second grade, first grade, and high school 
and permanent primary, first grade, and high school ; requirements shall not 
be below requirements for same grade of State or county certificate. Teachers 
of special branches may be employed. Graduate of College of Industrial Arts 
at Denton having completed two full courses in education shall be entitled 
to State first-grade certificate valid for six years, and after having taught 
three years may receive a State permanent certificate. Holder of diploma 
from a State normal college or of a life certificate from another State may 
receive a State permanent certificate on recommendation of State board of 
examiners. Diploma from a Texas State educational institution shall en- 
title holder who has had two years of kindergarten training in addition to 
regular course to a State kindergarten certificate valid for four years; after 
three years of teaching such certificate may be made permanent. All cer- 
tificates must be recorded by county superintendent. Misdemeanor to traflac 
in examination questions. State superintendent may appoint a State board 
of examiners to consists of not fewer than three competent teachers, and he 
may increase the number as conditions require. Certificate may be canceled 
f jr cause by authority issuing it, but holder may appeal to State board of 
education. Alteration of teacher's certificate shall constitute forgery. 
See also A (c2), County oflBcers; F (b). Teachers' salaries. 

Utah: State board of education may grant diplomas of two grades, State high' 
school and State grammar; five-year State certificates of one grade, State 
grammar; and temporary high-school certificates valid for one year. State 
diplomas and certificates shall be issued only to professional teachers over 20 
years old of good moral character and good health who have taught success- 
fully two years in the State and who pass examination in required subjects. 
Validity: In any county, city, town, or school district; high-school diplomas 
in any department of the public schools ; grammar-grade diploma, in grammar 
and primary departments ; State certificates, in grammar and primary grades. 
Subjects required for examination for professional high-school diploma, or 
in which a high degree of scholarship must otherwise be shown : Arithmetic, 
United States history, reading and elocution, spelling, English grammar, 
political and physical geography, physiology, algebra, physics, rhetoric, draw- 
ing, plane and solid geometry, botany, English literature, general history 
and science of education, and psychology; also any three of following: 



420 STATE LAWS KELATING TO PUBLIC EDUCATION. 

Chemistry, geology, Frencli, German, Latin, Greek, trigonometry, zoology, 
biology, and mineralogy. Subjects required for examination for professional 
grammar-grade diploma or in which other evidence of proficiency must be 
shown: Arithmetic, United States history, reading and elocution, spelling, 
English grammar, political and physical geography, physiology, nature studies, 
algebra, physics, rhetoric, drawing, plane geometry, botany, English litera- 
ture, general history, civics, history and science of education, and psychology. 
Normal certificates or diplomas issued by the University of Utah shall have 
the force of State certificates, and after teaching successfully for two years 
holders shall be entitled to high- school diplomas. Holders of normal cer- 
tificates of the University of Utah, holders of high-school certificates issued 
in cities of first and second classes, and holders of territorial certificates and 
State diplomas and certificates now in force may, at discretion of State board 
of education, be exempt from examination in subjects which were required in 
the examination for such certificates. Life diploma issued in other States, 
when of equal rank with those of Utah, may be countersigned by State super- 
intendent and become valid as life diploma in this State after two years 
teaching by holder. Professional diploma becomes invalid if holder allows 
five years to elapse without engaging in some educational pursuit. State 
board of education may appoint assistants to conduct examination and pay 
expenses of such examinations out of State school fund. State board may 
revoke for cause diplomas and certificates issued under provisions of this 
chapter. 

State board of education shall authorize the superintendent of schools in 
each coimty to conduct examinations at such times and places and under such 
regulations as board may direct ; questions shall be prepared by State board 
and papers of applicants shall be forwarded to it for grading. Board shall 
determine grades to be made. Two grades of county certificates: County 
grammar and county primary, which shall be valid for one year, but may be 
renewed from year to year. Qualifications required : Proficiency in pedagogy 
and ability to teach reading, writing, spelling, English grammar, geography. 
United States history, arithmetic, physiology and hygiene, nature studies, and 
drawing, and in addition (after 1911) applicant must file with State board 
evidence of having had at least a four-year high-school course and must pass 
examination in psychology and the history of education, but this requirement 
shall not apply to those having taught successfully for three years. State 
board may grant nonrenewable temporary certificates valid until next regular 
examination. Special certificates may be granted to teachers of special 
branches. County superintendent or district board may employ temporarily 
a. teacher who has made application to State board for certificate. State 
board may grant to graduates of normal, training schools of high-standard 
certificates valid for two years. Holder of county certificate shall be over 18 
years old, and certificate shall be valid throughout the State. State board 
shall revoke certificates for cause. Person disclosing questions for examina- 
tion may be fined between $100 and $500. State board may employ assistants 
to prepare questions and grade papers. 

See also A (f). Administrative units — districts, etc. 
Vermont: Superintendent of education shall provide for examination and 
certification of teachers, and shall have questions for examination printed; 
shall make regulations for such examination and certification; under direc- 
tion of said superintendent the superintendent of a union shall conduct such 
examinations, and shall rate applicants in certain designated subjects ; expenses 
of examinations shall be met by joint committee of the union. Superintend- 



E (b). TEACHEES' CEEIIFICATES, GENERAL. 421 

ent of education may hold special examinations; persons appointed to con- 
duct such examinations shall receive $3 per day and expenses, to be a charge 
against the State. A first-grade certificate may be renewed without exami- 
nation if holder has taught in the State 50 weeks. Necessary clerical assist- 
ance shall be given superintendent of education for purposes of this chapter, 
to be a State charge. No person shall teach in public schools without having 
a certificate or a permit to teach; no person under 17 years old shall teach 
in public schools. Every teacher shall, before school begins, notify town 
superintendent of date and grade of certificate held, and, upon request, shall 
submit certificate to said superintendent. A graduate from a lower course 
of a normal school in this State may, upon recommendation of .State board 
of education, receive a certificate without examination valid for five years 
and renewable for same period without examination if holder has taught 50 
weeks in the State; a graduate of the higher course of such normal school 
may receive such certificate, valid for 10 years, and may be renewed to 
continue in force during pleasure of State superintendent, if holder has taught 
50 weeks in the State. A graduate of a normal school of another State may 
receive, without examination, from the superintendent of education, on 
presentation of credentials, a first-grade certificate valid for five years, sub- 
ject to same provisions as certificates of graduation from a normal school 
in this State. Teachers' examinations shall be both oral and written; shall 
be held at such times and places as superintendent of education shall desig- 
nate ; facts relative to applicants and examination papers shall be kept on 
file by said superintendent ; a person who fails to pass shall have no other 
examination within three months ; certificates shall be of three grades — first, 
second, and third ; first-grade certificate, valid for five years, shall be awarded 
to person whose papers reach required standard and who has taught 40 weeks 
and is of good moral character and is able to govern; a certificate of first 
grade may be issued, without examination, to graduate of a college approved 
by said superintendent, renewable if applicant has taught 40 weeks. A 
second-grade certificate, valid for two years, shall be issued to person who 
has passed examination in the branches required by law to be taught in 
public schools, whose papers reach required standard and who is of good 
moral character and Is able to govern. A first or second grade certificate 
issued on examination, held by teacher employed continuously in the same 
town, shall remain in force during such employment. A certificate of third 
grade may be issued for a time not exceeding one year ; such certificate may 
be limited to the teaching of a particular school; shall be issued to person 
who has passed examination in required public-school branches, and who 
is of good moral character and is able to govern; a person who has twice 
taken such certificate and has taught 28 weeks shall not again be eligible to 
receive such certificate. Superintendent of education may issue special 
certificates, without examination, to former holders of first and second grade 
certificates or for special training for teaching; such certificates shall be 
license to teach special high-school branches, music, drawing, physical culture. 
or industrial arts or sciences ; such certificates shall be valid for five or two 
years, according to certificate formerly held by such person ; and in case of 
special training during pleasure of said superintendent. A special third- 
grade certificate, valid for one year, may be issued without examination to 
person who has taught 50 weeks in public schools, or who has held a second- 
gi'ade certificate or its equivalent, and has taught 20 weeks in public schools ; 
a second special third-grade certificate shall not be issued to a person until he 
has received a second or first grade certificate on examination. A certifi- 



422 STATE LAWS RELATING TO PUBLIC EDUCATION. 

cate valid until revoked by superintendent of education shall be issued to 
following: A person wbo has taught in the public schools 500 weeks; a 
graduate of a college who has devoted at least eight years in teaching or 
supervising public schools in this State; a person who has taught for 200 
days in public schools of this State, and who has held first-grade certifi- 
cates for 10 years or certificates of first and second grades 12 years or certifi- 
cates of second and third grade, or their equivalents, for 14 years, if no 
special certificates be included ; a normal-school graduate who has taught for 
200 days under one 10-year certificate or two 5-year certificates. Said super- 
intendent may issue, without examination, a certificate to a primary teacher 
w^ho has taught 300 weeks, or to graduate of approved kindergarten training 
school, valid for five years. A town superintendent may give private exami- 
nations for a permit to teach in a particular school for term not to exceed 12 
weeks; results of such examinations shall be transmitted to superintendent 
of education, who may issue permits to applicants; not more than one per- 
mit shall be granted a person before he has received a certificate on public 
examination; not more than one-third of the terms of a school year, and 
not exceeding five terms, shall be taught under permits in a town. Any 
certificate may be revoked for cause. A person who has been taught in 
public schools of State or has served as union superintendent for 200 days 
and has held first-grade certificate for 10 years may receive, without exami- 
nation, a certificate to teach during pleasure of superintendent of education. 
State board of education shall, through superintendent of education, award 
high-school certificates valid for five years. 

See also A (d), District boards and officers; G (b). State normal schools; 
G (c). County and local normal schools. 

Virginia: See A (bl). State boards. 

Washington: Certificates and diplomas shall be divided into five classes. 
First class sliall be common-school certificates and diplomas, as follows: 
Third-grade certificates, second-grade certificates, first-grade primary cer- 
tificates, first-grade certificates, professional certificates, permanent first- 
grade primary certificates, permanent first-grade certificates, permanent pro- 
fessional certificates, life certificates. There shall be three grades of city 
certificates — high school, grammar school, and primary. Certificates and 
diplomas of the higher institutions of learning shall be: Normal school, 
State College of Washington, and University of Washington. There shall 
be temporary certificates and special certificates. 

An examination for certification of teachers of the State for third, second, 
first grade primary and first-grade certificates shall be held at each county 
seat by county superintendent under rules of State board of education on 
second Thursday of May and December and on last Thursday of August; 
examination shall last three days; for professional and life certificates on 
above-named days of May and August only. County superintendent shall 
transmit to State superintendent, who shall keep same on file for at least 60 
days. 

Applicant for third-grade common-school certificates shall pass an ex- 
amination in reading, grammar, penmanship and punctuation, history of 
United States, geography, arithmetic, physiology and hygiene, theory and art 
of teaching, orthography, and Washington State manual; said certificate 
valid for two years; if holder of such certificate shall attend an accredited 
institution of higher education for one year, he shall, upon application, re- 
ceive a second-grade certificate. Applicant for second-grade certificate shall 
have credits in same subjects as for third-grade certificate and shall take 



E (b). TEACHEES' CERTIFICATES, GElirERAL. 423 

examination in music; said certificate sliall be valid for two years and may 
be renewed if holder has attended an institution of higher education one 
semester or accredited summer school for six weeks or has taught 16 months. 
Applicant for first-grade primary certificate must have taught at least 45 
months in primary grades, shall have credits in same subjects as for second- 
grade certificate, and must pass examination in nature study, drawing, 
literature, and physical geography; but State board of education may accept 
other subjects in lieu of two of above subjects at request of applicant; said 
certificate valid for five years in primary grades only and may be renewed if 
holder has attended an institution of higher education for one year or has 
taught for not less than 24 months under such primary certificate. Applicant 
for first-grade certificate must have taught at least nine months and shall 
have credits in same subjects as for second-grade certificate, and also in 
physics, English literature, algebra, and physical geography ; State board of 
education may accept other subjects in lieu of two of these upon request of 
applicant ; applicant must secure same number of credits as for a first-grade 
primary certificate; such certificate, valid for five years, may be renewed in 
same manner and on same conditions as first-grade primary certificate. 
Applicant for professional certificate shall meet all requirements for a first- 
grade certificate, but must have taught successfully 24 months, at least eight 
months of which shall have been in this State, and shall pass examination 
in plane geometry, geology, botany, zoology, and civil government, but State 
board of education may, upon request of applicant, accept other subjects in 
lieu of any or all of such subjects; said certificate, valid for five years, may 
be renewed in same manner and under same conditions as first-grade certifi- 
cate. Applicant for permanent certificate must be holder of a first-grade 
primary certificate, a first-grade certificate, or a professional certificate, or 
a renewal of any one of these, in full" force and effect, and must have taught 
not less than 72 months, nor less than 36 months in this State, nor less than 
18 months subsequent to granting certificate upon which application is made ; 
upon indorsement of county superintendent a permanent certificate shall be 
issued of same grade as that held by applicant, valid for life, unless revoked 
for good cause. Applicant for life certificate must have taught 45 months, 
not less than 27 of which shall have been in this State ; he must have credits 
required for professional certificates and shall pass examination in psy- 
chology, history of education, bookkeeping, composition, general history, but 
State board of education may accept other subjects in lieu thereof upon 
request of applicant ; such certificate may be revoked for good cause. 

In any city employing 100 or more teachers board of directors may appoint 
a board of examiners consisting of superintendent of schools and two asso- 
ciate examiners having practical experience as teachers, and who are resi- 
dents of city. Powers of examiners: To adopt rules and regulations not incon- 
sistent with law or rules of State board of education for examination and 
certification of teachers, prepare questions, and issue city high-school cer- 
tificates (valid for one year and renewable), grammar-school certificates 
(valid for one year and renewable), and city primary certificates (valid for 
one year and renewable). Board of directors shall report certificates issued 
to county superintendent and superintendent of public instruction. Said 
examiners may recommend to board of directors renewals of such certificates. 
No such certificate shall be issued to any person under 18 years old, or to a 
person of immoral habits, or to a person afflicted with a serious infectious 
or hereditary disease. City primary and city grammar certificates shall be 
granted only to those who have passed examination in pedagogics, school 



424 STATE LAWS EELATING TO PUBLIC EDUCATION. 

management, and general school system of State, and who are proficient in 
reading, writing, spelling, English grammar, geography, arithmetic, physi- 
ology and hygiene. United States history, and such other English branches 
as directors may prescribe; such examination shall be especially adapted to 
discover fitness of applicants to teach such branches. xVpplicant for city 
high-school certificate shall pass in subjects required for grammar certificates, 
and also in civil government, physical geography, elementary physics, algebra, 
botany, and such other subjects as directors may prescribe. 
See also E (a). Certification of teachers, general. 
West Virginia: All matters relative to examination and certification of 
teachers shall be under control of superintendent of free schools; teachers' 
examinations shall be held simultaneously at such places in the counties as 
may be designated by county superintendents, subject to approval of State 
superintendent. Sum of $8,600 is annually appropriated from general school 
fund to meet expenses of such examinations. Applicants for teachers' certifi- 
cates must pass examination in orthography, reading, penmanship, arith- 
metic, English grammar and language, physiology and hygiene. United States 
history. State history, geography, civil government, agriculture, and theory 
and art of teaching ; and applicants for certificates good in advanced grades 
or in high schools must, in addition to the foregoing, pass examinations in 
general history and single-entry bookkeeping; applicants for high-school and 
primary certificates shall pass examination in such other branches as State 
board of education may prescribe ; applicants having passed one examination 
may take a part of the branches, not exceeding one-half, in a second or third 
examination of same year, upon payment of one-half of fee, and State 
superintendent may allow such applicant benefit of his highest grade in each 
such branch. State superintendent shall prepare and send examination ques- 
tions under seal to county superintendents; said county superintendents shall 
conduct examinations under rules of State superintendent, shall break seals 
in presence of applicants, and shall return manuscripts under seal to State 
superintendent ; applicants shall be of good moral character and shall not be 
under 17 years old. Manuscripts shall be examined by State superintendent 
and his assistants, who shall be actively engaged in school work. Applicants 
receiving average of 90 per cent and not lower than 75 per cent on any 
branch shall receive first-grade certificates; average of 80 per cent and not 
lower than 65 per cent on any branch, second grade; average of 70 per cent 
and not lower than 60 per cent on any branch, third grade; no certificate 
shall be granted to an applicant until State superintendent is satisfied as to 
identity of applicant. Certificates shall be signed by State superintendent, 
sent to county superintendent, and countersigned by county superintendent. 
Certificates may be revoked for cause. Certificates shall be valid in any 
district or independent district except in independent districts authorized by 
law to issue certificates, and in such independent districts at option of board 
of education thereof. First-grade certificate shall be valid for five years ; may 
be renewed for five years if holder has taught three years under original 
first-grade certificate and has passed examination in elementary agriculture ; 
second or third renewal for five years may be had if holder has taught three 
years under first renewal and has passed examination in two of books of 
State reading circle course, or has done nine weeks of work at approved 
normal school or other approved school, or has done work of equal value ; at 
termination of third renewal holder may be awarded first-grade life certificate, 
if he has taught at least three years of the last five and has maintained active 
. interest in educational work. Second-grade certificates shall be valid for 



E (b). TEACHEES' CERTIFICATES, GENERAL. 425 

three years and third grade for one year ; third-grade certificates shall not be 
issued to same applicant more than two years in succession ; no more than 
one certificate of same grade shall be issued to an applicant in a school year. 
If any county superintendent or assistant shall intentionally violate any 
provision of this act, he shall be fined not less than $25 nor more than $200 
and confined in jail not less than 60 days nor more than one year. Any person 
who intentionally breaks or attempts to break the seal on examination ques- 
tions unlawfully, or who unlawfully has such questions in his possession, or 
who alters manuscripts, or personates another, or gives or receives aid on 
such examinations, shall be guilty of a misdemeanor, punishable by fine not to 
exceed $50 and confined in jail not less than 10 days. County superintendents 
shall report any immorality of holders of certificates to State superintendent. 
County superintendent may, if there are fewer than 30 applicants, employ 
one assistant examiner, if more than 30 applicants, two such assistants, each 
to receive $6 for two days employed ; State superintendent may send a special 
examiner to conduct any examination. Applicants shall each pay fee of $1.50 ; 
expenses of examination shall be deducted from aggregate of such fees and 
balance shall be sent to State auditor to be placed to credit of general school 
fund; county superintendent shall make reports to State superintendent 
relative to examinations. State superintendent shall issue first-grade cer- 
tificates, upon application, to graduates of West Virginia University, who 
have taken at least six courses in education ; to graduates of normal depart- 
ment of State normal school and its branches; to graduates of approved 
normal departments in other schools of State ; to graduates of normal depart- 
ment of West Virginia Colored Institute. State superintendent may, upon 
request of county superintendent, issue emergency certificates to persons 
unable to take regular examinations; fee for such certificate shall be $1.50; 
such certificate shall be valid only in county where issued and shall not be 
issued to same person twice. Primary teachers' certificates, valid through- 
out State for teachers of primary grades, shall be issued upon examination in 
branches announced by State superintendent, but only to applicants who have 
taught at least two years under a first or second grade certificate. High- 
school certificates shall be issued on examination in subjects selected and 
published by State superintendent, valid throughout State, and renewable on 
condition that holder shall pass examination in certain other subjects. In 
payment of salaries and renewal of certificates primary teachers' certificates 
and high-school certificates shall be considered as first-grade certificates. 
All certificates issued prior to 1908 shall remain in force for time issued and 
may be renewed as provided by law. Minimum salary of teachers having 
certificates of grade of No. 1 shall be $40 per month ; of No. 2, $35 per month ; 
of No. 3, $30 per month. 

See also A (bl), State boards. 

Wisconsin: Any person to be eligible as teacher in common schools shall hold 
a certificate issued by proper examining officer; no certificate shall have 
force except in district of officer by whom issued. Certificates shall be of 
three grades — first, second, and third. No county superinteftdent shall in- 
dorse a certificate issued by any other county superintendent or extend life 
of any certificate beyond limits fixed by law. In any examination for a 
second-grade certificate, when applicant has taught for one year, examining 
superintendent may accept standings made in preceding examination in lieu 
of reexamination, but in not to exceed five subjects. The holder of an un- 
expired third-grade certificate or county training-school certificate may write 
on two or more of additional subjects required for second grade ; if holder shall 



426 STATE LAWS KELATIKG TO PUBLIC EDUCATIOIT. 

pass in two such subjects he shall receive a new third-grade certificate; if 
holder shall pass in all second-grade subjects before expiration of new third- 
grade certificate, he shall receive a second-grade certificate. If holder of 
unexpired second-grade certificate shall pass in all additional subjects re- 
quired for first grade he shall receive first-grade certificate. Every county 
superintendent shall keep on file examination papers, both questions and 
answers, during life of certificates. If holder of any certificate shall desire 
to teach in a county or superintendent district other than one in which cer- 
tificate was issued, examination papers shall be transferred to superintendent 
of such county or superintendent district; superintendent receiving such 
papers may, upon examination of same, grant certificate of like or lower 
grade valid in his county or district. On and after July 1, 1915, no person 
who shall not have taught in a public school for at least one year shall be 
granted a county or city teachers' certificate, unless, in addition to passing 
subjects required by law for such certificate, ^he shall have completed State 
common-school course of study, or its equivalent, or first eight grades of 
graded schools, or equivalent, and shall have had two additional years of 
instruction in training, one year of which, or its equivalent, shall have been 
devoted to teachers' professional studies, but graduates of four-year high 
schools not maintaining training courses for teachers shall be required to 
have only one aditional year of training in professional studies; such two 
years of additional training may be obtained at a State normal school, a 
county training school, or at a free high school having approved course of 
study for training teachers, but such high school must have at least three 
teachers, including principal, and teacher of professional studies must be a 
graduate of advanced course of a State normal school or its equivalent or 
higher institution or course, and shall have had two years of teaching ex- 
perience; work done at teacher-training schools must meet approval of State 
superintendent. Every applicant for third-grade certificate shall be examined 
in orthoepy, spelling, reading, penmanship, arithmetic, elementary composi- 
tion and grammar, geography, history of United States, civil government of 
United States and of Wisconsin, physiology and hygiene, school management, 
manual of elementary course of study, elements of agriculture and rural 
economics, and in cataloguing and use of school libraries ; in addition he shall 
have received at least six weeks of professional training, receiving standing 
in methods of teaching and language, arithmetic and geography, but such 
professional training shall not be required of persons who have taught for 
at least eight months prior to July 1, 1910, nor to graduates from approved 
free high-school teachers' training courses prior to July 1, 1910, nor to 
graduates of equivalent approved teachers' training courses. A " professional 
school for teachers " shall mean a State -normal school, a county training 
school, any school above high school offering training course equivalent to 
that offered in normal schools of the State, in counties not containing train- 
ing or joint training schools, a free high school maintaining an approved 
teacher-training course, or an approved teachers' institute. A third-grade 
certificate shall be valid for not exceeding one year; such certificate may be 
renewed if holder attends professional school for six weeks, receiving credits 
in at least two second-grade subjects; may be renewed if holder passes all 
third-grade subjects. 

An applicant for a second-grade certificate shall have taught in public 
schools for at least eight months, and, in addition to third-grade subjects, 
shall pass examination in physical geography, American literature, English 
composition ; holder of third-grade certificate may receive second-grade certifi- 



E (b). TEACHEES^ CERTIFICATES, GENERAL. 427 

cate if he lias taught eight months and has attended, since receiving third- 
grade certificate, a professional school for at least six weeks and received 
credits in at least two subjects for second-grade certificate; second-grade 
certificate shall be valid for three years; it may be renewed if holder passes 
examination in all second-grade subjects, or may be renewed without exami- 
nation if holder has taught two years during life of such certificate and. has 
attended a professional school for at least six weeks and received credits in 
at least two subjects required for first-grade certificate. 

An applicant for first-grade certificate shall have taught at least eight 
months in public schools, and shall. In addition to subjects required for second- 
grade certificate, pass examination in English literature, theory and art of 
teaching, algebra, physics, and English history ; holder of second-grade certifi- 
cate may receive first-grade certificate if he has taught eight months and has 
attended since receiving second-grade certificate, a professional school for at 
least six weeks and received credits in at least two first-grade subjects; first- 
grade certificate shall be valid for five years; it may be renewed for one or 
more periods of five years each if holder has taught 10 years. When supply 
of legally qualified teachers has been exhausted, the county or city superin- 
tendent with approval of State superintendent may issue special third-grade 
certificates on examination in certain subjects. 

Each county superintendent shall establish for his county, subject to ap- 
proval of State superintendent, a standard of attainment in each branch of 
study; such standard shall be uniform in the county or superintendent dis- 
trict and no certificates shall be issued until such standard is established ; the 
standard in branches common to second grade and third grade certificates 
shall be higher for second grade than for third grade; standard in branches 
common to second grade and first grade certificates shall be higher for first 
grade then for second grade ; county superintendent may demand examination 
in such additional branches as applicant may be required to teach ; teachers 
may be reexamined for purpose of ascertaining qualifications to continue as 
such teacher. Any applicant refused a certificate may apply to State superin- 
tendent for reexamination ; if such applicant is found to be legally qualified. 
State superintendent may issue certificate to such applicant; State superin- 
tendent may at any time demand examination papers filed with an examining 
superintendent, and upon examination of same may annul certificates issued 
thereon if basis is insufficient. Each graduate of a four-year high school shall 
receive a certificate of his standing; if such graduate receives a first-grade 
certificate from any county superintendent, and shall have taught at least 
one year under such certificate, such county superintendent may countersign 
his certificate of graduation or diploma at any time before expiration of first- 
grade certificate, making such certificate or diploma of same force as a 
first-grade certificate, valid for five years from date when countersigned; 
more than one such superintendent may countersign such certificate or di- 
ploma, but same shall be valid only for five years from date of first counter- 
signature. An examining superintendent may accept standing of applicants 
made at normal schools of the State in lieu of examination at any time within 
three years from time such standings were made. Superintendent shall renew 
no certificate if said certificate shall at the time be in force and effect for a 
period of more than six months. Any certificate may be revoked by the 
proper superintendent for good cause, but not until holder thereof has been 
heard. 

State superintendent shall annually appoint a board of three members to 
constitute board of examiners for issuing State certificates ; said superintend- 



428 STATE LAWS RELATING TO PUBLIC EDUCATION. 

ent may examine principals of high schools and of free bigh schools who shall 
have been elected superintendents of city schools containing such high schools ; 
a limited State certificate shall be issued to applicants who have passed ex- 
amination in subjects required for first-grade county certificate and, in addi- 
tion, in mental philosophy and English literature; an unlimited State cer- 
tificate to applicants who have passed in aforesaid branches and in any 
others examiners may prescribe ; applicants for State certificates must satisfy 
examiners as to character, success, and experience in teaching ; limited State 
certificates shall be valid for five years, unlimited State certificates until an- 
nulled; State superintendent shall file papers of applicants for State cer- 
tificates ; any State certificate may be revoked for cause, but not until holder 
has been heard. Upon certain conditions State superintendent may, upon 
recommendation of State board of examiners, grant unlimited State certifi- 
cates to holders of unlimited certificates granted in other States ; State super- 
intendent may grant to holders of such certificates from other States, when 
conditions do not warrant issuance of unlimited State certificates thereon, 
special licenses valid for two years. State superintendent shall issue to 
graduates from kindergarten training course at any normal school of State 
a kindergarten license, valid for one year, renewable for one year after one 
year's teaching; after two years' experience unlimited State kindergarten 
certificate may be granted to such teacher. State superintendent may issue 
license, valid for one year, to graduate from manual training or domestic 
science course at any normal school of State ; such license is renewable after 
one year's teaching; after two years' teaching an unlimited State certificate 
may be issued. Graduates of State university who have completed peda- 
gogical course therein shall receive license valid for one year, renewable for 
one year after one year of teaching; graduates of any normal school of the 
State shall receive license valid for one year, renewable for one year after one 
year of teaching; State superintendent may issue to holder of university or 
normal school license, if holder has taught two years after graduation, an un- 
limited State certificate; if holder of elementary normal-school license has 
taught two years after graduation, he shall receive limited State certificate 
valid for six years from date of issuance of normal-school certificate ; neither 
a limited State certificate nor a certificate based on elementary normal-school 
course shall qualify holder as principal of a four-year free high school. 
Holders of diplomas granted by incoriporated colleges or universities whose 
courses are equivalent to those of State university, or of normal schools whose 
courses are equivalent to those of normal schools of this State, may after two 
years of teaching following graduation, upon recommendation of board of ex- 
aminers, receive unlimited State certificates ; the holder of a diploma granted 
upon completion of such course, upon which State certificate has not been 
issued, may, upon recommendation of examining board, receive from State 
superintendent a license valid for one year, if holder has taught one year, and 
renewable for one year. Graduates of colleges and universities, in order to 
have diplomas authorized for teaching, shall have had preparation in psychol- 
ogy and pedagogy equivalent to that required in Wisconsin for candidates for 
a life certificate. State sui>erintendent may countersign diplomas or grant 
State certificates to public-school supervisors or teachers in colleges or nor- 
mal schools otherwise legally qualified, or who are recommended by board of 
examiners. State superintendent may issue special licenses, good only until 
next meeting of board of examiners, to applicants whose qualifications and 
credentials shall prove satisfactory to said board, to be issued only in urgent 
cases; said superintendent may upon recommendation of said board issue 



E (b). TEACHEES' CERTIFICATES, GENERAL. 429 

special certificates to teachers of special subjects; said superintendent may 
upon like recommendation issue a limited special certificate to teachers of 
some one special branch, valid in a particular school or district. The holder 
of a diploma from a manual training school or domestic science school, upon 
completion of a training course for teachers in same subjects prescribed by 
regents of normal schools, and after two years' experience in teaching either 
of such subjects, as case may be, shall, uix)n recommendation by board of 
examiners, be entitled to an unlimited certificate to teach in such subject; 
such holder who fails to receive such certificate may, upon recommendation 
of board of examiners, be granted a special license in such subject, valid for 
two years. 

City superintendents in cities of third and fourth classes shall license teach- 
ers; may issue certificates to teachers of special branches after examination 
in such branches as may be provided by school board and approved by State 
superintendent. The holder of a diploma issued by a kindergarten training 
school whose course is equivalent to that of normal schools of Wisconsin, who 
shall have taught for two years in kindergarten or primary grades of Wis- 
consin after receiving such diploma, may, upon recommendation of board of 
examiners, receive an unlimited certificate to teach in such grades ; if holder 
of such diploma shall fail to receive such certificate, he may, upon recom- 
mendation of said board, receive special license, valid for one year, to teach 
in such grades. An unlimited State certificate shall, upon recommendation of 
board of examiners, be issued to kindergarten teacher upon examination and 
such other conditions as said board may prescribe. In addition to foregoing 
there shall be three grades of kindergarten certificates — first, second, and 
third ; for third grade, examination shall be in orthoepy, orthography, reading, 
writing, arithmetic, English grammar, physiology and hygiene, drawing, 
music, juvenile literature, and theory and art of kindergarten teaching; for 
second grade, in all the foregoing and in general literature and the elements of 
botany ; for first grade, in all the foregoing and in history of education bear- 
ing on kindergarten development and in elements of zoology ; said third-grade 
certificate shall be valid for one year, second for two years, and first for four 
years in the town or city where issued ; if holder of such license shall desire 
to teach in another district, his examination papers may be transferred to 
superintendent of such district and used as basis for certificate in such dis- 
trict. No person shall be a legally qualified kindergarten teacher who does 
not hold a certificate issued by proper authority ; provisions as to city super- 
intendents' special certificates, unlimited State kindergarten certificates, and 
first, second, and third grade kindergarten certificates shall not apply to cities 
of first class. 

See also A (d), District boards and officers; G (b), State normal schools; 
N (a). High schools. 
Wyoming: State superintendent shall appoint three persons from the prin- 
cipals of high schools, city and county superintendents, and faculty of the 
State university as a State board of examiners; compensation of examiners, 
$5 per day and actual expenses. Examiners shall prepare questions to be 
used by county superintendents in holding examinations at least twice a 
year, and shall grade papers when returned by county superintendents. 
Third-class certificate: Applicant shall pass examination in spelling, reading, 
writing, arithmetic, English grammar, geography, United States history, civil 
government, physiology and hygiene, and agriculture; general average of 
70 per cent and not less than 50 per cent in any one branch is required. 
Second-class certificate: Applicant shall pass examination in subjects required 



430 STATE LAWS RELATING TO PUBLIC EDUCATION. 

for tliird class and in rhetoric and theory and practice of teaching; general 
average of 80 per cent and not less than 60 per cent in any one branch is 
required. First-class certificate: Applicant shall pass examination in subjects 
required for second class and in elementary algebra, English and American 
literature, elementary psychology, physical geography, and any two of fol- 
lowing: Plane geometry, botany, zoology, chemistry, general history, Latin, 
German, political economy, bookkeeping, shorthand; general average of 80 
per cent and not less than 60 per cent in any one branch is required. Pro- 
fessional second-class certifi^cate: Applicant shall pass examination in subjects 
required for first class, with at least two additional electives, and in school 
management, pedagogy, methods, and history of education; general average 
of 80 per cent and not less than 60 per cent in any one branch is required. 
Professional first-class certificate: Applicant must have taught successfully 
three years, must hold a professional second class, and pass examination in 
advanced psychology and school supervision. Examiners shall recommend to 
State superintendent the issuance of certificates without examination as 
follows : Third class : To graduates of university preparatory school and four- 
year high schools. Second class: Same as for third class, with additional 
requirement that applicant shall have successfully pursued a course at State 
normal school for not less than 18 weeks. First class: Same as for third 
class, with additional requirement that applicant shall have successfully 
pursued a course at State normal school for not less than one year and shall 
have taught not less than one year. Professional second class: To graduates 
of State normal school of the University of Wyoming who have taught at 
least one year. Professional first class: To graduates of the College of Liberal 
Arts of the State University who have had major subject in departments of 
psychology and pedagogy or who pass examination on professional subjects 
required for a professional second-class certificate, and who have taught two 
years. Duration of certificates: Third class, one year; second class, two 
years; first class, four years; professional certificates, for life. Applicant 
must not be under 17 years old and certificates may be revoked by State 
superintendent for cause. Third and second class certificates shall be valid 
for all grades up to the eighth; first class, for all grades up to the eighth, 
for high-school subjects covered by examination, and for principals or super- 
intendents of schools not having high-school grades ; professional second class, 
for all public schools and for principals or superintendents of schools not 
having more than a two-year high-school course; professional first class, for 
all public schools and for principals or superintendents of schools of any 
grade. State superintendent on recommendation of examiners may grant 
special certificates as follows : Temporary certificate until next regular exam- 
ination; certificates to graduates of State normal school and of College of 
Liberal Arts of State University during interim while experience required for 
life certificate is acquired; special primary certificate; special technical cer- 
tificate valid for four years to applicant passing examination in special 
branch to be taught. Examiners may indorse as valid certificates of other 
States ; they may extend first and second class certificates of applicants hav- 
ing completed course of study in State reading circle. Certificates shall be 
registered in oflice of superintendent of county where school is taught. Fees : 
Temporary certificates, 50 cents; second and third classes and special, $1; 
first class and professional, $1.50. County superintendent may issue permit 
to teach to applicant until next examination. 

See also A (c2), County officers; L (d), Physiology and hygiene 



E (c). SPECIAL CERTIFICATES. 431 

E (c). Teachers' Examinations and Certificates, Special. 

Alabama: See A (f), Administrative units — districts, etc.; E (b), Teachers' 
certificates, general. 

Arizona: See E (b), Teachers' certificates, general; L (i), Manual and indus- 
trial education. 

Arkansas: See A (c2), County officers. 

California: See A (bl), State boards; A (cl). County boards; E (a), Quali- 
fication of teachers, general. 

Colorado: See E (b), Teachers' certificates, general; M (b), Kindergartens. 

Connecticut: See A (d), District boards and officers; N (a), High schools. 

Delaware: See A (cl), Co'unty boards. 

Florida: See E (b). Teachers' certificates, general. 

Georgia: See E (b), Teachers' certificates, general. 

Idaho: See E (b), Teachers' certificates, general; M (b). Kindergartens. 

Illinois: See A (d), District boards and officers; E (b). Teachers' certificates, 
general. 

Indiana: See E (b), Teachers' certificates, general. 

Iowa: See A (d), District boards and officers; E (b). Teachers' certificates, 
general. 

Kansas: See M (b). Kindergartens; O (a). Industrial education, general. 

Louisiana: See E (b). Teachers' certificates, general. 

Massachusetts: See A (d), District boards and officers. 

Michigan: See M (b). Kindergartens; O (b). Agricultural schools. 

Minnesota: See E (b), Teachers' certificates, general. 

Missouri: See E (b), Teachers' certificates, general. 

Montana : See E ( b ) , Teachers' certificates, general ; F ( a ) , Teachers' con- 
tracts, duties, etc.; H (c), School year, month, day, etc.; O (a). Industrial 
education, general. 

Nebraska: See E (b). Teachers' certificates, general. 

Nevada: See E (b). Teachers' certificates, general. 

New Jersey: See E (b), Teachers' certificates, general; L (d), Physiology 
and hygiene; M (b), Kindergartens; M (c). Evening schools. 

New Mexico: See E (b). Teachers' certificates, general. 

New York: See O (a). Industrial education, general. 

North Dakota: See E (b). Teachers' certificates, general; M (b), Kinder- 
gartens. 

Ohio: See E (b), Teachers' certificates, general. 

Oklahoma: See E (b), Teachers' certificates, general. 

Oregon: See E (b). Teachers' certificates, general. 

Pennsylvania: See E (b). Teachers' certificates, general. 

Rhode Island: See E(b), Teachers' certificates, general. 

South Carolina: See M (b). Kindergartens. 

South Dakota: See E (b), Teachers' certificates, general. 

Texas: See E (b). Teachers' certificates, general. 

Utah: See A (f), Administrative units — districts, etc,; E (b), Teachers' cer- 
tificates, general; M (b), Kindergartens. 



432 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Vermont: See E (b), Teachers' certificates, generaL 

Virginia: See A (bl), State boards, 

Washington: Special certificates shall be issued by county superintendent, or 
city superintendent if in a city, to applicants who show by examination or 
otherwise fitness to teach special subjects, such as music, foreign languages, 
art, manual training, penmanship, kindergarten, domestic science, typewriting, 
stenography, physical culture, etc.; such certificates shall be valid where 
issued so long as holder teaches, unless revoked. 

See also E (b). Teachers' certificates, general; M (b), Kindergartens. 

West Virginia: See E (b), Teachers' certificates, general; M (b), -Kinder- 
gartens. 

Wisconsin: See E (b), Teachers' certificates, general. 

Wyoming: See E (b), Teachers' certificates, general; M (b), Kindergartens. 



E (d). Teachers* Certificates: Validity, Indorsement, Registration, 

Revocation. 

Alabama: See E (b), Teachers' certificates, general; G (d), Teachers' insti- 
tutes and summer schools. 

Arizona: See E (b). Teachers' certificates, general; F (a), Teachers' contracts, 
duties, etc. 

Arkansas: See A (bl). State boards; A (c2). County officers. 

California: See A (bl), State boards; A (el). County boards. 

Colorado: See A (bl), State boards; E (b), Teachers' certificates, general. 

Connecticut: See E (b), Teachers' certificates, general. 

Delaware: See A (c2), County officers. 

Florida: See A (c2). County officers; E (b). Teachers' certificates, general. 

Georgia: See E (b), Teachers' certificates, general. 

Idaho: See E (b). Teachers' certificates, general. 

Illinois: See A (b2), State officers; A (c2). County officers; E (b), Teachers' 
certificates, general. 

Indiana: See A (b2). State officers; E (b), Teachers' certificates, general. 

Iowa: See E (b), Teachers' certificates, general. 

Kansas: See A (c2). County officers; E (b). Teachers' certificates, general, 

Kentucky: See E (b), Teachers' certificates, general; G (d). Teachers' insti- 
tutes and summer schools; P (c), State universities and colleges. 

Louisiana: See E (b), Teachers' certificates, general. 

Maine: See E (b). Teachers' certificates, general. 

Maryland: See A (b2). State officers; E (b), Teachers' certificates, general. 

Massachusetts: See A (d), District boards and officers. 

Michigan: See A (bl), State boards; A (c2), County officers; E (b), Teachers' 
certificates, general. 

Minnesota: See E (b). Teachers' certificates, general. 

Mississippi: See A (bl), State boards; A (c2), County officers; E (b), 
Teachers' certificates, general. 

Missouri: See E (b). Teachers' certificates, general. 



E (e). RECOGNITION OF DIPLOMAS. 433 

Montana: See E (b), Teachers' certificates, general; F (a), Teachers' con- 
tracts, duties, etc. 

Nebraska: See E (b), Teachers' certificates, general; G (d). Teachers' insti- 
tutes and summer schools. 

Nevada: See A (bl), State boards; E (b), Teachers' certificates, general. 

New Jersey: See F (a). Teachers' contracts, duties, etc. 

New Mexico: See A (bl). State boards; E (b). Teachers' certificates, general. 

New York: See A (b2). State officers; A (d), District boards and officers; 
E (b). Teachers' certificates, general. 

North Dakota: See E (b), Teachers' certificates, general. 

Ohio: See E (b), Teachers' certificates, general. 

Oklahoma: See E (b). Teachers' certificates, general. 

Oregon: See E (b). Teachers' certificates, general; F (a), Teachers' contracts, 
duties, etc. 

Pennsylvania: See A (b2). State officers; E (b). Teachers' certificates, 
general. 

South Carolina: See A (bl). State boards; A (cl). County boards. 

South Dakota: See A (f). Administrative units — districts, etc.; E (b), 
Teachers' certificates, general. 

Tennessee: See E (b). Teachers' certificates, general. 

Texas: See A (c2). County officers; E (b), Teachers' certificates, general. 

Utah: See A (c2). County officers; A (f). Administrative units — districts, etc.; 
E (b). Teachers' certificates, general; F (a), Teachers' contracts, duties, etc. 

Vermont: See E (b), Teachers' certificates, general. 

Virginia: See A (bl). State boards. 

Washington: Any certificate may be revoked for good cause by authority 
issuing the same upon complaint by any superintendent after holder has been 
heard. When certificate is revoked, holder shall not receive another cer- 
tificate within 12 months. Any teacher whose certificate has been revoked 
may appeal to superintendent of public instruction when certificate has been 
revoked by county superintendent; to State board of education when certifi- 
cate has been revoked by superintendent of public instruction or by faculty 
of State university. State college, or the normal schools. 

See also A (bl). State boards; E (b), Teachers' certificates, general. 

West Virginia: See A (bl), State boards; E (b). Teachers' certificates, 
general. 

Wisconsin: See E (b), Teachers' certificates, general. 

Wyoming: See E (b), Teachers' certificates, general; G (d). Teachers' insti- 
tutes and summer schools. 



E (e) . Teachers' Certificates: Recognition of Normal School and College 
or University Diplomas. 

See also G (b), Normal schools; P (c), State universities and colleges. 

Arizona: See E (b). Teachers' certificates, general. 

Arkansas : A diploma from the teachers' training department of the University 
of Arkansas shall be equivalent to a teacher's professional license, valid in 
any public school in the State for six years, and after the expiration of said 
3966°— 15 28 



434 STATE LAWS RELATING TO PUBLIC EDUCATION. 

period may be converted into a life certificate. A diploma from the State 
Normal School, Conway, Ark., shall be equivalent to a teacher's professional 
license, valid in any public school in the State for six years, and after ex- 
piration of said period may be converted into a life certificate. 
See also A (bl), State boards. 

California: See A (bl). State boards; A (cl), County boards; G (b). State 

normal schools. 
Colorado: See A (bl), State boards; G (b). State normal schools. 
Delaware: See A (c2). County officers. 
Florida: See E (b). Teachers' certificates, general. 
Georgia: See E (b), Teachers' certificates, general. 

Idaho: See E (b), Teachers' certificates, general; G (b). State normal schools. 
Illinois: See E (b). Teachers' certificates, general. 
Indiana: See G (b). State normal schools. 
Iowa: Graduates of colleges outside the State, having courses of equal ranli 

with the accredited colleges and schools of Iowa, may be given recognition as 

graduates of Iowa colleges upon filing with the State board of examiners 

evidence of at least two years of successful experience. 

See also E (b). Teachers' certificates, general; G (c), County and local 

normal schools. 
Kansas: See E (b). Teachers' certificates, general; G (c), County and local 

normal schools; N (a), High schools. 
Kentucky: See E (b), Teachers' certificates, general; G (b), State normal 

schools; P (c), State universities and colleges. 
Louisiana: See E (b). Teachers' certificates, general; G (b), State normal 

schools. 
Maine: See E (b), Teachers' certificates, general. 
Maryland: See E (b), Teachers' certificates, general 
Massachusetts: See A (d). District boards and officers. 
Michigan: See A (bl). State boards; E (b). Teachers' certificates, general; 

G (c), County and local normal schools. 
Minnesota: See E (b), Teachers' certificates, general. 
Mississippi: See E (b). Teachers' certificates, general; G (b), State normal 

schools. 
Missouri: See E (b). Teachers' certificates, general; G (b). State normal 

schools; G (c). County and local normal schools. 
Montana: See A (bl), State boards; A ,(d), District boards and officers; 

E (b). Teachers' certificates, general. 
Nebraska: See E (b), Teachers' certificates, general; G (d), Teachers' insti- 
tutes and summer schools. 
Nevada: See E (b). Teachers' certificates, general; G°(c), County and local 

normal schools; P (c). State universities and colleges. 
New Hampshire: See B (a). General State finance and support. 
New Jersey: See E (b). Teachers' certificates, general. 
New Mexico: See E (b), Teachers' certificates, general; G (b). State normal 

schools. 
New York: See E (b), Teachers' certificates, general. 



E (f). teachers' associations READING CIRCLES. 435 

North Dakota: See E (b), Teachers' certificates, general; P (c), State uni- 
versities and colleges. 

Ohio: See E (b), Teachers' certificates, general. 

Oklahoma: See A (bl). State boards; E (b). Teachers' certificates, general; 
G (b), State normal schools; P (c), State universities and colleges. 

Oregon: See E (b), Teachers' certificates, general. 

Pennsylvania: See E (b), Teachers' certificates, general. 

South Carolina: See A (cl), County boards; A (f), Administrative units — 
districts, etc.; P (c). State universities and colleges; Q (f). Other technical 
and professional schools. 

South Dakota: See E (b), Teachers' certificates, general. 

Tennessee: See A (bl). State boards; B (a), General State finance and sup- 
port; E (b), Teachers' certificates, general. 

Texas: See E (b). Teachers' certificates, general. 

Utah: See A (f), Administrative units- — districts, etc.; E (b). Teachers' cer- 
tificates, general; P (c), State universities and colleges. 

Vermont: See E (b), Teachers' certificates, general; G (b), State normal 
schools; G (c). County and local normal schools. 

Virginia: See A (bl), State boards. 

Washington: Certificates and diplomas of the normal schools, of State College 
of Washington, and of University of Washington shall be granted as provided 
by law. (See University, State College, Normal Schools.) 
See also A (bl). State boards; G (b), State normal schools. 

West Virginia: See A (bl), State boards; E (b), Teachers' certificates, 
general; G (b), State normal schools. 

Wisconsin: See E (b). Teachers' certificates, general; G (b). State normal 
schools; G (c). County and local normal schools; N (a). High schools; P (c). 
State universities and colleges. 

Wyoming: See E (b), Teachers' certificates, general; P (c). State universities 
and colleges. 



E (f ) . Teachers' Associations; Reading Circles. 

See also G (d). Teachers' institutes and summer schools. 
Arkansas: See N (a), High schools. 

California: See G (d), Teachers' institutes and summer schools. 
Georgia: See G (d), Teachers' institutes and summer schools. 
Iowa: See E (b), Teachers' certificates, general. 
Louisiana: See G (d). Teachers' institutes and summer schools. 
Maine: See A (b2). State officers; G (d), Teachers' institutes and summer 

schools. 
Maryland: District, county, and State teachers' associations recommended; 

county superintendent shall aid in organizing, encourage attendance, secure 

lectures ; they may occupy any schoolhouse. 

See also G (d), Teachers' institutes and summer schools. 
Michigan: See G (d), Teachers' institutes and summer schools. 
New Jersey: See S (b), Public school libraries. 



436 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Oklahoma: See A (bl), State boards. 

Oregon: See E (b), Teachers' certificates, general. 

South Dakota: The teachers' reading circle board of managers shall consist 
of the president of the State educational association, the State superin- 
tendent, and a member elected by the county superintendents. Said board 
shall meet annually to select the books to be used in the teachers' reading 
circle. 

West A^irginia: See E (b), Teachers' certificates, general; G (d), Teachers' 
institutes and summer schools. 



F. TEACHERS: EMPLOYMENT; CONTRACT; APPOINTMENT; 

DISMISSAL. 



(a) General; Tenure; Duties, etc. 

Alabama: See A (d), District boards and ofiicers; A (f). Administrative 
units — districts, etc. 

Arizona: Duties of teachers. — To present certificate to county superintendent 
for recording; notify county superintendent of time of opening and closing 
school; enforce course of study, adopted textbooks, and rules of State board 
of education; suspend pupils for cause, but in schools having a city super- 
intendent or principal this authority shall be vested in him; keep school 
register; report annually to county superintendent, as prescribed by State 
board of education, and make such other reports as may be required. When 
dismissed, teacher may appeal to county superintendent. For using sectarian 
books, teaching sectarian doctrine, or conducting religious exercises teacher 
shall be liable to have certificate revoked. No superintendent, principal, or 
teacher aflaicted with pulmonary tuberculosis shall be employed, and, when 
required by school board, such person shall submit to medical examination 
at least twice a year. 

See also A (d), District boards and officers. 

Arkansas: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc. 

California: Duties of teachers. — To file certificate with superintendent before 
assuming charge of a school; notify county superintendent before opening 
school and one week before closing ; enforce the course of study, rules and 
regulations, and use of prescribed text-books; suspend for cause a pupil 
and report the same to school board; keep a State school register; leave 
report at close of school showing program of recitations, classification, and 
grading of all pupils (salary withheld until such report is made) ; make 
annual statistical report to county superintendent. Principal of school having 
more than one teacher shall combine reports into one to county superintendent. 
Average attendance shall by county superintendent be credited to districts in 
which children reside. Teachers shall make such other reports as may be 
required by State superintendent, county superintendent, or school board. In 
case of destruction of records teacher shall make certificate as to facts, 
except average attendance, which shall be computed on basis of previous 
years. School month is 20 days. On being dismissed, teacher may appeal 
to county superintendent. A teacher whose salary is withheld may appeal 



F (a), teachers' conteacts, duties^ etc. 437 

to state superintendent, whose decision sliall be final. If teacher leaves 
school before expiration of contract, certificate shall be suspended for one 
year. No warrant shall be drawn in favor of a teacher unless such teacher 
holds a proper certificate; teachers shall inculcate morality and good citizen- 
ship ; teacher must be 18 years old or over. Male and female teachers shall 
receive the same compensation for like services. 

See also A (d), District boards and officers: I (a). Discipline, general. 

Colorado: See A (d), District boards and officers; N (a), High schools. 

Connecticut: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; E (b), Teachers' certificates, general. 

Delaware: Every teacher in the free public schools shall annually make a 
statistical report to the State board of education, and a copy of the same 
shall be forwarded to the county superintendent. 
See also A (cl), County boards. 

Florida: Every teacher shall (1) labor faithfully to advance pupils in their 
studies and moral development; (2) require pupils to keep clean, observe 
good manners, and refrain from bad habits; (3) see that schoolhouse and 
property are not unnecessarily injured; (4) enforce needful restrictions upon 
conduct of pupils in schoolhouse or on grounds; (5) suspend pupils for 
cause, giving notice to parents and to supervisor; (6) hold a public examina- 
tion at close of each term; (7) deliver keys to supervisor at close of school. 
Teacher may be temporarily absent from school for not exceeding three 
days and may provide a substitute v/ith approval of county superintendent, 
trustees, or supervisor; when teacher is absent exceeding three days, tem- 
parory vacancy shall be filled by county board of education, county super- 
intendent, or board of trustees. Teacher shall make monthly report before 
warrant for salary shall be drawn. 

See also A (cl), County boards; A (f), Administrative units — districts, etc. 

Georgia: See A (cl), County boards; A (f), Administrative units — dis- 
tricts, etc. 

Idaho: Trustees shall furnish teacher with register, in which teacher shall 
keep record of attendance, etc., and which must be returned to trustees; 
teacher shall fill blank report furnished and send to county superintendent; 
for failure to make such report teacher may forfeit 10 per cent of salary. 
Teacher may suspend a pupil for cause and report the matter to trustees 
who shall determine the matter, but teacher may appeal to county superintend- 
ent. Teacher shall make required reports, use textbooks provided, enforce 
course of study and rules and regulations prescribed by State superintendent. 
Teacher must hold a valid certificate. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc.; H (f). Compulsory attendance; N (a), High schools. 

Illinois: See A (d). District boards and officers. 

Indiana: No teacher shall be employed who does not hold a license issued by 
proper State or county authority, but teacher may finish a school term if 
license expires within said term; trustees shall not employ any teacher 
whom a majority of those entitled to vote at school meeting have decided 
at a regular meeting they do not wish employed. No trustee shall contract 
with a teacher whose term of service is to begin after the expiration of said 
trustee's term of office ; contracts shall be in writing on uniform blanks pre- 
scribed by State superintendent. At the end of school term teacher shall 
make a statistical report to trustee or trustees; not exceeding 75 per cent 



438 STATE LAWS RELATING TO PUBLIC EDUCATION'. 

of teacher's salary shall be paid until said report is made. Any person 
going to a school and insulting a teacher may be fined not exceeding $25, 
which shall be paid into the general tuition revenue. 
See also A (d), District boards and officers. 

Iowa: See A (d), District boards and officers. 

Kansas: See A (d), District boards and officers; N (a), High schools. 

Kentucky: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; E (b), Teachers' certificates, general. 

Louisiana: See A (cl), County boards; A (d), District boards and officers; 
E (b), Teachers' certificates, general. 

Maine: Eveiy teacher of a public school shall keep a register of pupils vt^ith 
ages, days attended by each, etc., textbooks used, and other facts indicated 
on blank form furnished; no teacher shall receive final payment at end of 
term until such register is deposited with school committee. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Maryland: See A (cl), County boards; A (d), District boards and officers; 
E (b), Teachers' certificates, general; J (b). Medical inspection. 

Massachusetts: The school committee of a city or town, in electing a teacher 
or superintendent who has served such city or town for the three preceding 
years, shall elect such teacher or superintendent at the discretion of said 
committee ; said committee may dismiss any teacher or superintendent upon 
a two-thirds vote of the whole committee, but no teacher or superintendent 
shall be dismissed unless given 30 days' notice of the meeting at which the 
committee shall vote on the question of dismissal, nor unless he shall have 
been given, upon his request, a statement of reasons for such proposed dis- 
missal ; nor unless also, in the case of a teacher, the superintendent of schools 
shall have given to the school committee his recommendations as to the 
proposed dismissal. No teacher so employed at the discretion of the com- 
mittee shall suffer a decrease in salary without his consent, except by a gen- 
eral salary revision ; no superintendent so employed shall suffer any decrease 
in salary without his consent until at least one year after such reduction has 
been voted. The school committee may suspend a teacher or superintendent 
for immoral or unbecoming conduct, and if such person is subsequently dis- 
missed, he shall receive no salary for period of suspension. This act shall 
not apply to superintendents of superintendency unions or to the city of 
Boston. 

No school committee shall restrict any teacher in the exercise of his 
political rights, but such rights shall not be exercised on school premises or 
so as to interfere with school duties. 

Any person desiring to teach in the public schools may file with the State 
board of education a written application to that effect ; the State board shall 
make lists of such applicants, and, when requested, give information of such 
applicants to school officials. Any graduate of a high or normal school in 
Massachusetts or other school of equal grade, or graduate of a reputable 
college, if such graduate is of good character, may file application for a school 
position with the State board upon payment of a fee of $2. The State board 
shall make no charges to teachers or school committees for such services 
other than the application fee of $2 ; said board shall distribute a list of such 
applicants to school committees. No person or agency shall accept from an 
applicant for the position of teacher in the public schools a fee in excess of 



F (a). TEACHERS^ CONTRACTS, DUTIES, ETC. 439 

$2, unless a position is secured for such applicant, whereupon an additional 
fee not to exceed 5 per cent of applicant's first-year salary may be charged. 
No school superintendent shall accept any fee or reward of any kind for 
obtaining a position for a teacher. Any violation of this act shall be punished 
by a fine of not less than $50 nor more than $500. 
See also A (d), District boards and officers. 

Michigan: The State superintendent shall establish and maintain in his office 
a bureau of information wherein teachers desiring employment may, on pay- 
ment of a fee of $1, register and file information regarding their qualifications 
and wherein school officers and superintendents may register vacancies. In- 
formation shall be given free of charge, but neither superintendent nor any- 
one employed in his office shall be required to recommend any teacher. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

]\Iinnesota: See A (d), District boards and officers; E (b). Teachers' cer- 
tificates, general. 

Mississippi: Teachers shall notify county superintendent before closing term; 
enforce course of study ; use adopted textbooks ; " hold pupils to a strict ac- 
count for disorderly conduct on the way to and from school, on the play- 
ground, or during recess " ; suspend pupils. Trustees must not be interested 
in any school contracts; parent or guardian who insults or abuses teacher 
guilty of misdemeanor; officer or teacher interested in sale or profit of any 
books, apparatus, or furniture guilty of a misdemeanor ; where there are out- 
standing school warrants unpaid, board of supervisors may issue warrant on 
any county funds ; if there are no such funds, counties may make special levy 
not to exceed 1 mill; in counties where teachers have not been paid and 
securities on official bond of county superintendent have paid full penalty of 
his bond into the treasury, board of supervisors may authorize claim paid out 
of any general county fund. 

See also A (c2), County officers; A (d), District boards and officers; F (b), 
Teachers' salaries. 

Missouri: See A (d). District boards and officers. 

Montana: No person under 18 years old may teach in a public school; no 
person is eligible to teach who has not a State or county certificate. On 
request of a school board or county superintendent. State superintendent may 
grant without examination a special certificate valid only in the district re- 
questing the same and for one year in music, drawing, etc. To be eligible 
teacher must be a citizen of the United States or must have declared intention 
to become such. After election of any teacher for second consecutive year 
such teacher shall be deemed reelected from year to year thereafter, unless 
school board shall give notice before May 1 that his services will not be 
required for following year ; a principal shall be given such notice before Feb- 
ruary 1. Duties of teachers: To enforce course of study and regulations; 
keep register as prescribed by State superintendent; make annual report to 
county superintendent and make such additional reports as may be required 
by State superintendent, and teacher may forfeit last month's salary for 
failure to make reports herein required; exercise diligence in care of school 
property. After notice to parent, teacher may inflict corporal punishment, but 
in case of flagrant defiance such punishment may be inflicted without notice 
to parent. Misdemeanor to insult teacher in presence of school ; misdemeanor 
to disturb a school or school meeting. Upon dismissal, teacher may appeal to 
county superintendent. Teacher who leaves the school before the expiration 



440 STATE LAWS EELATING TO PUBLIC EDUCATION. 

of employment shall be guilty of unprofessional conduct and county superin- 
tendent may suspend certificate for six months or State superintendent may 
suspend State certificate or life diploma for one year. 

See also A (d), District boards and officers; G (d), Teachers' institutes and 
summer schools. 

Nebraska: See A (d), District boards and officers; G (d), Teachers' institutes 
and summer schools. 

Nevada: To receive public-school money, every teacher shall be legally em- 
ployed by a board of trustees, hold a bona fide certificate, make a full and 
correct report to the State superintendent and to board of district trustees, 
take oath of office. Teachers shall, upon opening school, file with deputy 
superintendent certificate, together with oath of office; make annual report 
before close of school, whereupon salary of last month shall be paid; make 
record of pupils; enforce course of study and authorized textbooks; hold 
pupils to strict account for their conduct, but no child under 14 years of age 
shall be suspended or expelled mthout consent of deputy superintendent. 
See also A (d). District boards and officers. 

New Hampshire: See A (d), District boards and officers; G (b), State normal 
schools. 

New Jersey: District board of education may make rules and regulations 
governing employment of principals and teachers; in absence of such rules 
and regulations written contract shall be made between said board and 
teacher; school month shall consist of 20 school days; no teacher shall be 
employed who does not hold a proper teacher's certificate; commissioner of 
education shall prepare and distribute blanks for teachers' contracts; any 
teacher dismissed without good cause shall receive compensation for full 
term of contract ; any teacher who leaves school before expiration of contract 
without consent of board shall suffer suspension of his certificate for period 
not exceeding one year; teacher shall keep a school register, and no salary 
shall be paid any teacher unless such register has been properly kept; no 
teacher shall be required to teach on a public holiday, and no deduction shall 
be made in salary of teacher on account of such holiday ; a teacher may sus- 
pend a pupil for good cause and shall report such suspension to board of edu- 
cation ; no principal, teacher, or other person employed in any capacity in any 
school or educational institution, whether public or private, shall inflict corpo- 
ral punishment upon any pupil attending said school or institution; no 
religious service or exercise, except reading of the Bible and repeating of the 
Lord's Prayer, shall be held in any school receiving public funds; no teacher 
shall be required to serve on any jury while school is in session; service of 
teachers, principals, and supervising principals of public schools in any school 
district shall be during good behavior and efficiency, after three years of con- 

■ secutive employment in such district, unless a shorter period is fixed by 
board ; no principal or teacher shall be dismissed or subjected to reduction of 
salary except for good cause and not until teacher has been heard; school 
board may subpoena witnesses and administer oaths ; board may reduce num- 
ber of teachers when deemed advisable ; service of a teacher shall terminate 
upon expiration of his certificate. 

See also A (f). Administrative units — districts, etc. 

New Mexico: See A (d), District boards and officers. 

New York: See A (d), District boards and officers; E (b). Teachers' cer- 
tificates, general. 



F (a). TEACHERS^ CONTRACTS^ DUTIES^ ETC. 441 

North Carolina: The school committee of each township or district may em- 
ploy and dismiss teachers, but no teacher shall be dismissed except upon 
charges filed with county superintendent and after a hearing before the 
committee; no election of a teacher shall be valid until approved by county 
superintendent. 

At end of term teacher or principal shall report attendance statistics to com- 
mittee. Monthly reports shall also be made to committee and county super- 
intendent, and superintendent may require weekly reports. Where monthly 
or weekly report of district having fewer than 150 children shows average 
attendance of less than one-fifth of school census, committee may, with 
approval of county superintendent, close school. County boards are directed 
to provide for paying teachers monthly. 
See also A (cl). County boards. 

North Dakota: See A (c2), County officers; A (d). District boards and 
oflScers; A (f). Administrative units — districts, etc. 

Ohio: See A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Oklahoma: No school trustee shall appoint any person, related to him or 
any other trustee by affinity or consanguinity within the third degree, to any 
position over which such trustee has control. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; H (h), Separation of the races. 

Oregon: Duties of teacMrs. — To maintain order in school; commence school 
at 9 a. m. and close at 4 p. m., allowing recess of one hour at noontime, unless 
directors order a less number of hours ; promote knowledge, politeness, clean- 
liness, morality, and include physiology and hygiene ; keep a register of pupils 
and file the same at close of school term with the district clerk; give atten- 
tion to temperature and ventilation and see that children have proper exer- 
cise and play. Teacher may dismiss pupils under 8 years old after a session 
of four hours. Board may reduce noon recess in rainy season to 30 minutes 
and dismiss pupils at 3.30. Pupils shall comply with regulations established 
in pursuance of law and shall submit to the authority of teachers. Every 
teacher leaving a school before end of term shall make to county superintend- 
ent a report of time taught. No teacher shall receive any salary from the 
public-school fund until his certificate is registered and indorsed by county 
superintendent. Teacher must follow course of study prescribed by the 
State board of education. Any teacher quitting a school before the expira- 
tion of his contract without giving 30 days' written notice shall have his cer- 
tificate revoked, except in case of sickness or unavoidable circumstances, but 
the school board may release a teacher from a contract. Every person in 
charge of a public or private school having an average attendance of 50 or 
more shall hold fire drills at least once a month; instruction in fire dangers 
shall be given children between 6 and 14 years old; State superintendent of 
public instruction shall prepare a book of lessons on such dangers. 

See also A (d). District boards and officers; A (f), Administrative units — 
districts, etc.; C (b). Local bonds and indebtedness; K (c). Uniformity of 
textbooks; N (a), High schools. 

Pennsylvania: Every teacher in the public schools must be of good moral 
character, and at least 18 years old; teachers holding certificates which ex- 
empt from further examination, may be elected for a period not exceeding 
three years; in districts of second, third, and fourth class all teachers' con- 
tracts shall be in writing and shall be executed on behalf of board of school 



442 STATE LAWS KELATIN-G TO PUBLIC EDUCATION". 

directors by president and secretary, and signed by the teacher ; if any school 
is closed on account of contagious disease, destruction of buildings by fire, 
or for other causes school district shall be liable for salaries of teachers for 
full term ; no teacher shall be employed by any board of directors if related 
to any member of the board, unless by a three-fourths vote of all members of 
the board; any teacher, for just cause, may be dismissed by board, but not 
until after a full hearing; any teacher, unless released by board, refusing 
or neglecting to comply with his contract, except when prevented by personal 
sickness, shall be disqualified from teaching in any public school during the 
term of his contract; minimum salary of every teacher holding professional 
or State certificate, having taught two years, shall be $50 per school month; 
minimum salary of every other teacher shall be $40 per month ; minimum 
salaries of teachers shall be increased from $50 to $55 and from $40 to $45 per 
month if the legislature shall increase the appropriation for public schools to 
allow safiiciently for such an increase. These minimum provisions shall not 
apply to any teacher engaged only in night school, or for a part only of the 
school day or school month. Directors of district of third or fourth class 
having no district superintendent may employ for a term not exceeding three 
years a supervising principal; qualifications shall be same as for superin- 
tendent of schools; two or more districts may jointly employ a supervising 
principal, or supervisors of special subjects. 

See also A (f), Administrative units — districts, etc.; H (c), School year, 
month, day, etc.; H (f), Compulsory attendance; L (m), Sectarian instruc- 
tion, Bible. 

Rhode Island: See A (d). District boards and ofiicers; E (b). Teachers' 
certificates, general. 

South Carolina: See A (d), District boards and officers; A (f). Adminis- 
trative units — districts, etc. 

South Dakota: Teachers shall be employed by written contract with the 
district school board. The following conditions shall be understood as form- 
ing a part of every contract whether expressed therein or not: (1) Teacher 
shall not hold school on the legal holidays — May 30, July 4, Thanksgiving 
Day, and December 25 — but shall be paid therefor; (2) school shall be ad- 
journed during the session of the county normal institute; (3) teacher shall 
admit pupils by direction of board; (4) teacher shall keep register and make 
reports as required; (5) teachers shall classify the work of the school in ac- 
cordance with the State course of study: (6) county superintendent shall 
divide the county into convenient districts for holding district teachers' insti- 
tutes on Saturdays and teacher shall attend the same, but not less than two 
nor more than four such institutes shall be held in one district in any one 
year; (7) in territory opened for settlement by proclamation of the President 
of the United States, Indian children shall be admitted to the schools. 
Branches required in common schools : Reading, writing, spelling, arithmetic, 
geography, primary language, grammar, Urnted States history. South Dakota 
history, physiology and hygiene, civics, and drawing; schools shall be taught 
in the English language. Vocal music shall be taught in all the public 
schools and the normal schools of the State. At end of each term teacher 
shall report to clerk and to county superintendent; he shall report monthly 
when blanks are furnished. Moral instruction and instruction in the humane 
treatment of animals shall be given in the public schools. 
See also A (d), District boards and officers. 



F (a), teachers' conteacts, duties, etc. 443 

Tennessee: Xo person not holding a certificate from State superintendent 
shall be employed to teach in public schools; no person under 18 years old 
shall be granted a certificate and no person under 20 shall be principal of 
school ; school board may require physical examination of teacher suspected 
of having communicable disease ; teacher shall keep register as prescribed 
by State superintendent and deliver such register to county superintendent at 
close of term ; county board shall contract with teachers on form prescribed 
by State superintendent; a principal teacher may suspend pupil subject to 
action of county board; teacher shall attend institute yearly, or, in lieu 
thereof, may attend summer school. 

See also A (cl). County boards; A (f), Administrative units — districts, etc. 

Texas: See A (d), District boards and officers; F (b), Teachers salaries. 

Utah: Teacher shall report time of opening school and probable time of closing 
to county superintendent. Every teacher shall follow course of study pre- 
scribed. Teacher shall attend institute held while school Is in session, and 
shall receive regular pay for same. State board of education may revoke 
certificate for nonattendance. Teacher may suspend disorderly pupil for 
not exceeding five days. No atheistic, sectarian, religious, or denominational 
doctrine shall be taught. Moral and patriotic instruction shall be given. 
Teacher shall exclude from school any pupil in whose family is a contagious 
or infectious disease and for two weeks after recovery, death, or removal of 
sick person. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc. 

Vermont: See A (d), District boards and officers; A (f). Administrative 
units — districts, etc. 

Virginia: Every public-school teacher shall hold a valid certificate issued by 
the State board of examiners and inspectors. The pay of a teacher shall not 
be governed by the average daily attendance, but such attendance must ex- 
ceed 10. Teacher shall keep a daily register as prescribed by State super- 
intendent. Contracts with teachers must be written. A teacher may sus- 
pend a pupil pending action by school board. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; I (e). School fraternities; J (a), Health, general. 

Wasliington: To be qualified as teacher, a person shall hold a legal certificate 
or diploma. Teacher shall make annual report to county superintendent at 
close of session. Salary for last month shall not be paid until such report 
is made. Superintendent or principal shall make such report for teachers 
working under their direction. Every teacher shall keep a school register; 
shall enforce course of study and prescribed regulations. No teacher shall 
be employed except by written order of a majority of directors. No teacher 
shall be required to teach on Saturdays, Labor Day, Thanksgiving Day and 
day immediately following Thanksgiving Day, Christmas, New Years, Wash- 
ington's Birthday, Memorial Day, or Fourth of July, and no reduction of 
salary shall be made for failure of teacher to teach on such days. Teacher 
may suspend any pupil from school for good cause, and shall report such 
action to board of directors. Teachers must teach morality and patriotism. 
See also A (d), District boards and officers; B (a). General State finance 
and support. 

West Virginia: See A (d). District boards and officers; I (a). Discipline, 
general. 



444 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Wisconsin: See A (d), District boards and officers; O (a), Industrial educa- 
tion, general. 

Wyoming: No discrimination shall be made in the matter of pay on account 
of sex nor in the matter of employment on account of religious belief of 
teachers. 

Teacher shall make to district clerk at end of term a report of registra- 
tion and attendance, distinguishing between sexes and giving name of each 
pupil and number of days attended, textbooks used, branches taught, and 
number pursuing each branch. Salary may be withheld for failure to make 
such report. 

See also A (c2), County officers. 



F (b) . Teachers' Salaries. 

Arkansas: See N (a), High schools. 

California: See C (c), Local taxation; I (a). Discipline, generaL 

Colorado: School board of each district shall annually certify to county com- 
missioners amount of special tax in such district, not to exceed 10 mills, 
which, together with State and county apportionment, shall be necessary to 
pay each teacher $50 per month for not less than 6 months, and said commis- 
sioners shall make such levy, but school districts of 8,000 or more feet altitude 
may limit their school term to not less than 4 months. If any district is 
unable to comply with this act, county and State aid shall be granted. 
See also C (c). Local taxation. 

Connecticut: See B (a). General State finance and support 

Delaware: See B (a), General State finance and support. 

Florida: See A (f). Administrative units — districts, etc. 

Georgia: See A (f). Administrative units — districts, etc.; B (e). State aid 
for elementary education; C (b), Local bonds and indebtedness. 

Illinois: See A (d). District boards and officers; F (c), Teachers' pensions. 

Indiana: For beginning teachers the minimum dally pay shall be 2^ cents 
multiplied by the general average given such teacher on his highest grade of 
license at the time of contracting. For other teachers the amount by which 
the general average is multiplied shall be according to years of successful 
experience as follows : One year of experience, 3 cents ; three or more years, 
3i cents ; five or more years, 4 cents. All teachers exempt from examination 
shall receive not less than 3i cents, multiplied by the general average of 
scholarship and success given such teacher. Two per cent shall be added to 
any teacher's general average for attending the county institute the full 
number of days. 

See also F (c), Teachers' pensions. 

Iowa: Any teacher holding a first-grade uniform county certificate or higher 
shall receive a daily wage of not less than an amount equal to 3 cents mul- 
tiplied by the general average grade shown on said certificate; second-grade 
county certificate 2f cents, multiplied by general average grade shown on 
said certificate up to 85 per cent; third-grade certificate, 2^ cents multiplied 
by general average grade. Every teacher holding a second or a third grade 
certificate who has taught successfully for one year and thereafter attended a 



F (b). teachers' salaries. 445 

teachers' training school for six weeks shall be entitled to a credit of three 
points in computing the salary due. 
See also C (c), Local taxation. 

Kentucky: See A (c2), County officers; A (f), Administrative units — districts, 
etc.; E (b), Teachers' certificates, general. 

Louisiana: See A (cl), County boards. 

Maryland: See B (a), General State finance and support; E (b), Teachers* 
certificates, general. 

Massachusetts: See A (d), District boards and officers. 

Michigan: See A (d). District boards and officers. 

Minnesota: See B (e), State aid for elementary education. 

Mississippi: One-teacher schools, fixed by county superintendent; salary of 
third-grade teacher, $15 to $20 ; second grade, $18 to $30 ; first grade, $25 to 
$75 ; schools with a surplus may pay in two-teacher schools, principals $100, 
and assistants $65, so long as surplus lasts. County superintendent must take 
into consideration executive and teaching capacity of teacher, school popu- 
lation, and attendance; in schools of more than one teacher salary of prin- 
cipal shall be so regulated that cost per pupil shall not vary materially from 
cost in one-teacher schools; lawful to employ competent teachers for less 
salary than that here mentioned; superintendents shall so arrange salaries 
that monthly payments shall not exceed their fractional part of the whole; 
one teacher allowed for 50 educable children; assistant may be allowed 
where there are 35 children in attendance in five grades and second assistant 
where there are 70 in eight grades ; with more than 100 one teacher allowed 
for 30 pupils ; third-grade teacher can not be principal of school requiring an 
assistant; if two assistants are required, principal must be of first grade. 
County superintendent shall make contracts in form prescribed by State 
board of education, and they shall be signed in duplicate; lawful for county 
superintendents to have schools taught without contracts under certain con- 
ditions ; educable children may attend high school or college in their county, 
and be paid for as resident pupils of district; tuition may be charged all 
pupils who study beyond the public-school curriculum; county school board 
may locate one or more schools exclusively for Indians. Principal shall keep 
daily record, make monthly and term reports; enumerate school children in 
district ; on presentation of pay certificate, clerk of board of supervisors or 
of the municipality, being a separate school district, shall issue warrant on 
the treasury. Act of 1914 authorizes county supervisors to borrow money 
to pay teachers during fall session ; interest on this shall be paid out of gen- 
eral county fund or out of funds of separate school districts; principal shall 
be paid out of same funds after distribution by State. 
See also A (d), District boards and officers. 

Missouri: See A (d), District boards and officers; A (f). Administrative 
units — districts, etc.; C (a), Local finance and support, general; N (a), High 
schools. 

Nebraska: See A (d), District boards and officers. 

Nevada: See L (a), Course of study. 

New Jersey: Teachers employed in any graded school supported wholly or in 
part by public funds shall receive salaries proportioned to experience and suc- 
cess in district where employed, to be not less per annum than provided in 
following schedule: (1) For teachers in primary and grammar schools and 
in kindergartens, less than 2 years' experience, $408 ; 2 to 3 years, $456 ; 3 to 4 



446 STATE LAWS RELATING TO PUBLIC EDUCATIO^. 

yecars, $504; 4 to 5 years, $552; 5 to 6 years, $000; 6 to 7 years, $648; 7 to 8 
years, $696; 8 to 9 years, $744; 9 to 10 years, $792; 10 to 11 years, $840; 
11 to 12 years, $888; 12 years and upward, $936; (2) principals of schools con- 
taining grammar and primary departments, less than 1 year's experience, 
$1,800 ; 1 to 2 years, $1,900 ; 2 to 3 years, $2,000 ; 3 to 4 years, $2,100 ; 4 to 5 
years, $2,200; 5 to 6 years, $2,300; 6 to 7 years, $2,400; 7 years and upward, 
$2,500; (3) principals of primary schools, less than 1 year's experience, 
$1,200 ; 1 to 2 years, $1,300 ; 2 to 3 years, $1,400 ; 3 years and upward, $1,500 ; 
(4) principals of primary departments shall be paid at same rate as princi- 
pals of primary schools; (5) vice principals, head assistants, and first assist- 
ants of grammar and primary departments, less than 1 year's experience, 
$996; 1 to 2 years, $1,056; 2 to 3 years, $1,116; 3 years' experience and up- 
ward, $1,176; (6) male assistants in high schools, less than one year's ex- 
perience, $1,500 ; 1 to 2 years, $1,600 ; and for each year's experience thereafter 
at an additional salary of $100 per annum, to not less than sum of $2,400; 
(7) female assistants in high schools, less than one year's experience, $700, 
and for each year's experience thereafter at an additional salary of $100 per 
annum to not less than sum of $1,200; (8) vice principals of high schools, 
less than 1 year's experience, $2,000, and for each year's experience there- 
after at an additional salary of $100 per annum to not less than $2,500; (9) 
principals of high schools, less than 1 year's experience, $2,500 ; 1 to 2 years, 
$2,600 ; 2 to 3 years, $2,700 ; 3 to 4 years, $2,800 ; 4 to 5 years, $2,900 ; 5 years 
and upward, $3,000; (10) model teachers in model departments of training 
schools for teachers, in addition to salaries herein provided for assistant 
teachers of primary and grammar schools, $150 each per annum; (11) critic 
teachers of such training schools, $200 each per annum, as extra compensa- 
tion; (12) principal of primary department of training schools for teachers, 
less than 1 year's experience, $1,500, and for each year's additional experience, 
$100 per annum, to not less than sum of $1,700; (13) teachers of methods or 
supervisors of methods of such training school, less than 1 year's experience, 
$1,500, and for each additional year, $100, to not less than $2,000; (14) prin- 
cipals of training schools, less than 1 year's experience, $2,500, and for each 
additional year $100, to not less than $3,000. The governing body of any 
municipality may, by resolution, submit question of acceptance or rejection of 
this article to voters of such municipality, after due notice; question shall 
carry by a majority vote of those voting. 

See also C (a), Local finance and support, general; F (c), Teachers' pen- 
sions. 

New Mexico: See E (b), Teachers' certificates, general. 

New York: See F (c), Teachers' pensions. 

North Carolina: See C (a), Local finance and support, general; E (b), 
Teachers' certificates, general; H (c), School year, month, day, etc.; N (a), 
High schools. 

North Dakota: See A (d). District boards and ofiicers; A (f), Administrative 
units — districts, etc. 

Ohio: See A (f), Administrative units — districts, etc.; B (a), General State 
finance and support; F (c), Teachers' pensions. 

Oregon: See A (d), District boards and officers; B (e), State aid for ele- 
mentary education. 

Pennsylvania: See B (e), State aid for elementary education; F (a), 
Teachers' contracts, duties, etc. 



F (C). TEACHEKS^ PENSIONS. 447 

Rhode Island: The annual salary of any teacher regularly employed shall 
not be less than $400. 

See also B (e), State aid for elementary education. 

Tennessee: See A (cl), County boards. 

Texas: No teacher who does not hold valid certificate shall receive any com- 
pensation from public-school fund; misdemeaiior for county or city super- 
intendent or board of trustees to approve contract with teacher not having 
valid certificate. Salaries of teachers: First-grade certificate, not exceeding 
$2.50 per month for each person of school age ; second-grade certificate, not ex- 
ceetling $2 per month ; third-grade certificate, not exceeding $1.50 per month. 
Holder of permanent certificate shall receive not exceeding $85 per month; 
first-grade certificate, not exceeding $75 per month; second grade, not ex- 
ceeding $60; third grade, not exceeding $40, but this restriction shall not 
apply to districts levying a special local tax. School month, 20 days; week, 
5 days of not less than 7 hours each ; schools not closed on legal holidays un- 
less ordered by trustees. Teachers shall keep records and shall make monthly 
reports as prescribed by State superintendent or county superintendent, and 
shall report at end of term as prescribed by State superintendent. 

See also A (c2), County officers; A (d), District boards and officers. 

iftali: Women teachers shall receive same compensation as men for like 
services and when holding same grade of certificate. 
See also B (e), State aid for elementary education. 

Virginia: See F (a), Teachers' contracts, duties, etc. 

West Virginia: See A (d). District boards and officers; N (a). High schools. 

Wisconsin: See A (d), District boards and officers; F (c). Teachers' pensions. 

Wyoming: See A (c2), County officers; A (d). District boards and officers; 
F (a). Teachers' contracts, duties, etc.; G (d). Teachers' institutes and sum- 
mer schools. 



F (c). Teachers' Pensions. 

Arizona: The State board of education may order retired any person who 
shall have taught 25 years or more in the public schools of the State; on 
retirement such person shall receive an annuity of $600 from the State school 
fund. 

California: Two funds established. — ''Public school teachers' permanent fund" 
shall be derived as follows: Contributions by teachers, income from invest- 
ment of fund, 5 per cent of taxes under inheritance and transfer tax laws, 
gifts and bequests, appropriations by State. " Public-school teachers' re- 
tirement-salary fund" shall consist of moneys transferred from permanent 
fund. State controller and State treasurer shall transfer necessary amount 
from permanent fund to retirement salary fund, but there must be an annual 
accumulation of $10,000 to permanent fund. Deductions from teacher's 
salary, $1 per month; paid into permanent fund. At time of retirement, 
teacher must have contributed as much as $360, or balance due may be with- 
held from annuity. State board of education shall control funds. Powers 
and duties of hoard: To allow retirement to teachers entitled to it; audit 
claims; require reports from those having duties connected with teachers' 
contributions; invest the moneys in the permanent fund; prescribe duties 
of secretary and other officers of board; investigate all matters relating to 
the operation of the act. Meeting of board shall be held at least once in 



448 STATE LAWS RELATING TO PUBLIC EDUCATION. 

three months; board shall keep a retirement-salary record, which shall be 
open to public ; board shall make rules and regulations for the administration 
of the act ; district and county superintendents shall report to State superin- 
tendent amounts needed, and, after allowance by board, a sufficient amount 
shall be transferred from permanent fund to retirement-salary fund. Teacher 
may be retired after 30 years of service, 15 of which, including the last 10, 
shall have been in the State; amount of annuity, $500. If incapacitated, 
teacher having taught 15 years shall receive annually such fraction of $500 
as time taught is of 30 years; normal-school teachers with or without a 
certificate may be retired; board shall determine what constitutes a year 
of service. Act is optional with teachers already in service; act is binding 
on teachers entering service after its approval. On being reemployed bene- 
ficiary ceases to draw annuity. Existing annuity fund in any city, county, 
or city and county shall be turned into State permanent fund. 

Colorado : In every school district of the first class there may be established a 
public-school teachers' retirement fund, which shall be controlled by the board 
of school directors. Said board may pay not exceeding $40 per month to 
any man teacher over 60 years old or to any woman teacher over 50 years 
old who has taught 25 years, 15 of which must have been in the district. 
Teachers who have become incapacitated and who have taught in the district 
at least 10 years may be retired on pension. Special tax of one-tenth mill 
may be levied to pay such annuities. 

Connecticut: Special laws provide for the retirement of teachers in New 
Haven and New London. 

Delaware: A special law provides for the retirement of teachers in Wil- 
mington. 

Illinois: In every city having over 100,000 inhabitants there shall be elected 
a board of nine trustees to have control of the public school teachers' pen- 
sion and retirement fund; board shall be composed of chairman of finance 
committee of the school board and two other members elected from school 
board and six members elected from contributing teachers by vote of such 
teachers; term of contributing members, three years, two being elected 
each year. Said trustees shall have control of retirement fund and may 
invest the same as township school funds are invested; trustees may em- 
ploy necessary assistants. Said fund shall consist of contributions of 
teachers, of gifts and bequests, and of moneys paid into said fund pur- 
suant to law. Any public-school teacher shall be entitled to the benefits 
of this act and for such purpose teachers shall be divided into four classes: 
(1) Those having taught 5 years of less; (2) those, 5 to 10 years; (3) 
those, 10 to 15 years; (4) those over 15 years. Contributions ty teachers: 
While in first class, 50 cents for each month of service; second class, $1; 
third class, $1.50; fourth class, $3; which sums shall be deducted from 
teachers' salaries by board of education. Board of trustees shall succeed to 
the control of any retirement fund existing under any law in force at the 
time of the passage of this act and shall adjust annuities to the provisions 
of this act. Teacher employed in the public schools of said city prior to 
the passage of this act may count such time of service as under this act by 
paying contributions which would have been paid and 4 per cent interest 
on the same. All teachers who have heretofore been contributors to a 
retirement fund under a previous law but who have withdrawn from par- 
ticipation may before July 1, 1916, renew their right to participate by 
repaying amount withdrawn and paying amounts which they would have 
paid with interest at 4 per cent. All teachers now in the service of said 



F (c). teachers' pensions. 449 

city may exercise the option of contributing to ttie retirement fund before 
July 1, 1916. Board of trustees shall by resolution declare the maturity 
of service and right to benefits of said fund in the following cases: (1) 
When any person entitled to the benefits of fund shall have taught in the 
public schools in the United States, or rendered service therein, for a period 
of 25 years within the meaning of this act; (2) when any contributor to 
the fund shall have taught 15 years and have become permanently disabled 
as certified by three physicians; in either case three-fifths of the term of 
service shall have been in said city and shall have been the last service 
rendered. Each teacher retired after 25 years shall be entitled to an 
annuity of $400 ; each teacher retired for disability shall be entitled to such 
proportion of $100 as the sum contributed bears to the amount of contribu- 
tion required for full annuity. The city treasurer shall be the custodian 
of the retirement fund, subject to the board of trustees. If any teacher 
willing to continue is not reemployed until time for retirement, such teacher 
shall be paid back the amount contributed; teacher retiring voluntarily 
shall be paid back one-half of amount contributed. All persons hereafter 
employed as teachers shall by virtue of such employment accept the pro- 
visions of this act. All pensions shall be exempt from legal process for 
the satisfiaction of debts, damages, etc. ; no pensioner shall transfer or 
assign his annuity. Interest on public-school funds shall be paid into the 
retirement fund, but the amount so paid shall not in any one year exceed 
1 per cent of the amount of tax levy for school purposes. 

The board of education in any city having a population of over 100.000 
shall annually set aside a sum which, taken together with the moneys derived 
from the interest on school funds, shall constitute an amount equal to the 
sum contributed by teachers; the said board may annually set aside twice 
such amount. 

The board of education in a school district having between 1,000 and 
100,000 may establish and maintain a teachers' pension and retirement fund ; 
a board of management of said fund to consist of three or nine members, as 
school board may determine, shall be elected; one-third of such managers 
shall be a member or members of the school board and two-thirds shall be 
members of the active teaching force who are contributors to the fund, said 
members to be elected by said contributors. Said fund shall consist of con- 
tributions by teachers desiring its benefits, of moneys received from gifts 
and bequests, and of moneys paid into said fund in pursuance of any law. 
Board of education shall have charge of said fund an'd shall invest the same 
as township funds are required by law to be invested and shall make rules for 
its management. Any teacher in the public schools shall be entitled to the 
benefits of this act, and such teachers shall be divided into the following 
classes : (1) those having taught five years or less, (2) those five to 10 years, 
(3) those 10 to 15 years, (4) those over 15 years. Annual contributions by 
teachers : While in first class, $5 ; second class, $10 ; third class, $15 ; fourth 
$30 ; which amounts shall be deducted by the board of education from teach- 
ers' salaries; persons who were teaching in the public schools prior to the 
passage of this act may be entitled to count such service by paying amounts 
which would have been paid had the act been in force, together with 4 per 
cent interest thereon. Board of management shall by resolution declare 
teachers entitled to retirement with the benefits of this act as follows: 
(1) When any person shall have taught in the public schools within the mean- 
ing of this act for 25 years; (2) when any contributor shall have taught 15 
years and shall have become permanently disabled, as certified by three 
8966°— 15 29 



450 STATE LAWS RELATING TO PUBLIC EDUCATION. 

physicians. In all cases three-fifths of the time taught must have been in the 
district. Each teacher retired after 25 years shall be entitled to an annuity 
of not exceeding $400 ; each disabled teacher shall receive such proportion of 
$400 as the sum contributed bears to the total contributions required for the 
full annuity. Teacher willing to continue, but not reemployed, shall be re- 
funded the amount contributed; teacher retiring voluntarily before entering 
the fourth class shall be refunded one-half of the amount contributed. All 
persons employed as teachers shall accept the provisions of this act by virtue 
of such employment. All pensions and annuities shall be exempt from legal 
process for the payment of debts, claims, damages, etc. ; pensioner may not 
assign his annuity. District treasurer shall set aside interest on district 
funds for the benefit of the retirement fund. In a district where there is not 
sufficient revenue to maintain a retirement fund such district may by a 
majority vote establish a fund for retirement of persons over 50 years old 
who have taught 25 years ; annuity shall not exceed one-half of salary at time 
of retirement and shall not be over $400. 

In school districts having a population of between 10,000 and 100,000 
and governed by special acts, and in other districts hereafter found to 
have between 30,000 and 100,000 population and governed by special acts, 
the governing body of the schools may establish a teachers' pension and 
retirement fund. 
Indiana: There is established in every city having over 100,000 inhabitants a 
teachers' pension fund, which shall be governed by seven trustees, viz, three 
members of the board of school commissioners, the city superintendent of 
schools, one principal, and two teachers; said three commissioners shall be 
designated by the school board and said principal and two teachers shall be 
elected at a meeting of the public-school teachers. Only secretary and as- 
sistant treasurer shall receive compensation for services. The trustees shaU 
elect from among. their number a president, vice president, and secretary; 
secretary of the school board shall act as assistant treasurer and treasurer 
of the city shall be ex officio treasurer. Sources from which fund shall be 
derived: (1) Gifts and bequests; (2) assessment of teachers' salaries; (3) 
tax of 1 cent on each $100 of taxable property, which school board shall 
levy. Assessments of teachers shall be as follows: Teachers having taught 
15 years or less, 1 per cent of salary, but not to exceed $10; teachers hav- 
ing taught longer than 15 years, 2 per cent of salary, but not to exceed $20 
annually. Every teacher receiving $450 or more shall pay such assessment, 
and on becoming a teacher he or she shall be deemed to agree to pay the 
same. Trustees shall determine what part of said fund shall be safely in- 
vested and what part shall be retained for immediate needs; they shall 
establish a permanent fund to consist of -gifts and bequests and the unex- 
pended balance remaining at the end of the year. Beneficiaries: (1) Maxi- 
mum pension shall be $600 per annum, which shall be based upon a service 
of 40 years, and every pensioner shall be entitled to such percentage of $600 
as time taught bears to 40 years; (2) disabled teachers having taught in 
the public schools of the city for 15 years or longer may, after medical ex- 
amination, be retired during disability; (3) any teacher having taught in 
the public schools of the city for not less than 25 years may be retired for 
life, but such pensioner shall have paid into fund not less than one-third of 
amount to which he or she shall be entitled per annum, or such sum may be 
deducted from the annuity of the first two years. In computing years of 
service required, trustees may include five years rendered outside of said 
city, but teacher must pay assessments for such period of service elsewhere; 



F (c). teachers' pensions. 451 

any teacher may be given leave of absence of one year for professional 
study, but shall pay assessment for such year. Any teacher pensioned for 
disability may be reexamined at any time to determine physical condition; 
superintendent may require such pensioner to report to him for other than 
regular duty. Teachers retired by reason of length of service shall be pen- 
sioned without medical examination and shall be required to do no further 
service. Trustees may make rules not inconsistent with law; they may 
reduce the amount of any pension when circumstances make such reduction 
advisable. Teacher ceasing to teach in said city shall be refunded one-half of 
amount contributed by said teacher, but without interest; heirs or estate of 
teacher dying before retirement shall receive one-half of amount contributed. 
If funds are insufficient to pay full pensions due, amount available shall be 
prorated. Pensions shall be exempt from seizure by legal process; they are 
not transferable. On conviction of a felony or imprisonment for misdemeanor 
or failure to report for duty as required, pensioner shall cease to draw pen- 
sion. This act shall apply to assistant superintendents, principals, assistant 
supervisors, persons in charge of special departments, and any teacher or 
instructor regularly employed by school board. 

See also A (f), Administrative units — districts, etc. 

Kansas: Board of education in any city of the first class may establish a 
public-school teachers' retirement fund, to be under control of said board. 
Sources of such fund: (1) Not less than 1 per cent nor more than li per 
cent of teachers' salaries; (2) an amount set aside from the school fund of 
not less than one and one-half times the amount of salary assessments and 
not less than what Is necessary to make payments herein provided; (3) 
gifts and bequests. Teacher having had 30 years' experience, 15 of which 
shall have been in the public schools of the city, shall be entitled to receive 
$500 per annum, but no one shall receive such pension without paying into 
the fund, by assessment or otherwise, not less than one-half of the first 
annual sum to which he is entitled. Teacher having had 25 years' experience, 
15 of which shall have been in the city, and having become incapacitated 
shall be entitled to receive, during disability, such proportion of $500 as 
time taught is to 30 years; but any teacher so retired when incapacity 
ceases may be reinstated, in which case pension shall cease; when such 
teacher shall again be retired, years of previous retirement shall be counted 
as service. If at any time a teacher who is willing to continue should not 
be reemployed before entitled to a pension, such teacher shall be paid back 
amount contributed; any teacher retiring voluntarily shall be entitled to a 
refund of one-half the amount contributed; should a teacher die without re- 
ceiving any benefits provided by this act, his heirs or estate shall be entitled 
to one-half the amount contributed by such teacher. The word " teacher '* 
shall include superintendent, assistants to superintendent, supervisors, prin- 
cipals, and teachers. City treasurer shall be treasurer of retirement fund. 
On written request of any teacher filed with board of education, such 
teacher shall be exempt from the operation of this act. 

Kentucky: In every city of first class there shall be created a teachers' 
annuity fund, which shall be governed by a board of trustees of teachers' 
annuity fund, a body corporate, with corporate powers; it shall have seven 
members; treasurer of board of education shall be its treasurer and shall 
account for all funds coming into his hands. Its funds shall be derived from 
gifts and from assessment of teachers : One per cent per annum, but not more 
than $10, on those who have taught less than 15 years; 2 per cent, not to 
exceed $20 in all, on those who have taught longer than 15 years; every 



452 STATE LAWS RELATING TO PUBLIC EDUCATION. 

teacher receiving $450 or more shall pay this assessment. Annuity funds 
may be invested in bonds, mortgages, or as interest-bearing deposits ; trustees 
shall establish a sinking fund, to credit of which shall be placed all gifts 
and unexpended balances. Maximum annuity shall be $400, based on 40 
years' service ; any aged, infirm, diseased, or disabled teacher of not less than 
20 years' service shall be entitled to a disability annuity ; any teacher of not 
less than 30 years' service may be granted an annuity on application; in 
computing service rendered board shall not include service rendered outside 
of the city ; board may discontinue any annuity granted by reason of injury, 
disability, or disease; any teacher receiving annuity shall report to city 
superintendent, who may assign him to such duties as are within his power 
to perform ; teacher applying for annuity by reason of length of service may 
retire without examination and without rendering further service; in com- 
puting time under this act such time shall include service rendered before 
as well as after temporary retirement; trustees may make by-laws; if 
teacher ceases to teach or dies before receiving any benefit from the fund, 
one-half the amount paid in shall be returned, without interest; annuities 
shall be paid by treasurer of board of education, but shall not begin prior to 
October 1, 1915. Annuities are not subject to process ; they may be discon- 
tinued for certain causes; term "teacher" as used in this act includes 
principal, assistant principal, supervisor, assistant supervisor, person In 
charge of any special department of instruction, and any teacher or instructor 
regularly employed; annuities may be applied for under this act on or after 
December 1, 1912. 

The general care and management of the insurance and annuity fund of 
teachers in cities of the second class shall be vested in a committee of seven 
school officers and teachers. Treasurer of board of education shall receive 
and hold all funds. Sources of insurance and annuity fund: One thousand 
dollars or more provided by board of education, a fund provided by board of 
city commissioners by levying 1 cent on $100 worth of property ; 1 per cent 
of salaries of all teachers who have taught for 10 years of less, 2 per cent 
of salary of teachers teaching over 10 years, but total sum thus withheld 
shall not exceed $40 annually; if teacher shall resign or die before entitled 
to an annuity, three-fourths of the sum paid in shall be refunded; moneys 
received from donations and 10 per cent of all other receipts shall constitute 
a sinking fund. A board of medical examiners shall be appointed, who shall 
make examinations and report findings. On their recommendation the board 
of insurance and annuity shall place on disability list any teacher who has 
taught 15 years in public schools of Kentucky ; any teacher who has taught 
in public schools of Kentucky for 15 years may ask to be placed on the dis- 
ability list ; by vote disability of a teacher may be ended. Upon retirement 
under the disability act teacher shall be entitled to receive an annuity that 
may for 25 years' service amount to $600 ; no annuity shall be paid unless 
retiring teacher shaU have first paid in such sums as shall make his total 
payments equal the amount of the annuity paid the first year; if annuity 
fund is found insufficient it shall be prorated ; annuities shall be exempt from 
attachment; term "teacher" as here used shall mean superintendent, as- 
sistant superintendent, principal, assistant principal, person in charge of any 
special department of instruction, and any teacher or instructor regularly 
employed in the public schools or public kindergartens of cities of the second 
class. 
Louisiana: Board of trustees of teachers' retirement fund of parish of 
Orleans shall consist of nine members, to serve without compensation; said 



F (c). teachers' pensions. 453 

board shall be a body corporate; city attorney shall act as attorney for said 
board ; said board shall be composed of superintendent of schools, three mem- 
bers of board of school directors, elected by board of school directors every 
four years, and five members of teaching force of parish of Orleans, electe<l 
by said teaching force; retirement board may receive gifts, grants, or be- 
quests; secretary of board of school directors shall be secretaiy-treasurer of 
retirement board and shall receive compensation as fixed by retirement board ; 
said secretary-treasurer shall keep record of all business of retirement board 
and make reports as required; said retirement board shall have control of 
retirement fund. Teachers appointed to positions before passage of this act 
may elect to share in benefits of said fund, but must pay up all previous 
assessments together with 20 per cent of such amount; appointment to a 
position after passage of this act shall be ipse facto an acceptance of these 
provisions by the teacher. Said fund shall consist of: (1) One per cent per 
month upon salary of every teacher engaged not in excess of 10 years of 
teaching service ; l^ per cent per month, in excess of 10 years but not more 
than 20 years; 2 per cent per month, in excess of 20 years; member of 
teaching force not engaged in classroom teaching shall pay 2 per cent of 
salary per month regardless of length of service; school treasurer shall de- 
duct required amounts from salaries of teachers; (2) property received by 
gift, grant, devise, bequest, or otherwise for purposes of such fund. School 
board may, upon its own motion, retire any teacher after 40 years' service, 
and shall retire such teacher upon his or her application after 30 years' 
service; a teacher shall be entitled to full credit for service if 10 years of 
same have been spent in parish of Orleans; teachers so retired shall receive 
one-half average salary for five years preceding, to be not less than $300 nor 
more than $600 jyer year. School board shall retire, upon his or her appli- 
cation, any teacher of five years' service, who is incapacitated for service; 
may retire upon its own motion, and shall retire upon his or her application 
any teacher 65 years old, and such teacher shall receive part of annuity pro- 
portionate to term of service. Teachers before receiving annuity shall have 
paid in an amount equal to annuity for first year; retirement board may de- 
duct an amount from annuity to make up any deficiency caused by inequality 
of amount paid in and of annuity. Teachers retired because of disability 
shall, upon recovery from such disability, be dropped from retired roll and 
assigned to school work. Retired teachers may be required to do certain 
school work. Retirement board shall establish a permanent fund, and only 
income of such fund shall be used, but one-half of amount added to such 
fund in any one year may be used during following year. Any teacher who 
shall voluntarily cease to teach shall receive one-half of amount paid into 
said fund; heirs of any teacher who dies in service shall receive one-half 
amount paid in by such teacher. Said fund, annuities, and refunds shall be 
exempt from seizure or levy, and annuities and refunds shall not be sold, 
assigned, or transferred by any beneficiary. " Teacher " and " member of 
teaching force" shall include, for purposes of this act, any superintendent, 
assistant superintendent, principal, vice principal, supervisor, secretary, in- 
spector, department head, cadet, librarian, any assistant to those above 
named, member of office force, teachers, and instructors. 
Maine: Any person 60 years old or over who has taught 35 years or more 
and who has been employed in public schools or other schools supported 
wholly or at least three-fifths by State or town, 20 years of which employ- 
ment including 15 years immediately preceding retirement shall have been in 
the State shall, on formal application, be retired and State shall pay annual 



454 STATE LAWS RELATING TO PUBLIC EDUCATION. 

pension of $250. Person 60 years old who has taught 30 years as above shall 
receive pension of $200. Person 60 years old who has taught 25 years as 
above shall receive pension of $150. Teachers retired prior to September 30, 
1914. who are otherwise qualified as above, may receive one-half of regular 
pension. Sum of $25,000 appropriated annually. State superintendent shall 
make rules for carrying out this act. All pensions granted under this act 
shall be exempt from levy and sale or other process for the collection of 
debts. 

Maryland: See E (b), Teachers' certificates, general. 

Massachusetts: "Retirement system," "annuities," "pensions," "teacher," 
" public school," " regular interest," " retirement board," " retirement asso- 
ciation," " expense fund," " annuity fund," " pension fund," " school year," 
and "assessments" are defined. A teacher's retirement system is estab- 
lished. A teachers' retirement association shall be organized as follows: (1) 
All teachers, except certain ones in the city of Boston, who enter the service 
of the public schools on or after July 1, 1914, shall become members of the 
association; (2) all teachers, except those of city of Boston, who shall have 
entered service of public schools prior to June 30, 1914, may at any time 
between July 1, 1914, and September 30, 1914, upon application to the com- 
missioner of education, become members of said association ; any teacher 
failing to do so may thereafter become a member of the retirement associa- 
tion by paying an amount equal to the total assessments, together with regular 
interest thereon. The management of the retirement system is vested in a 
teachers' retirement board, consisting of seven members: State insurance 
commissioner, State bank commissioner, State commissioner of education, 
three members of retirement association, and one other person ; upon a plan 
approved by aforesaid commissioners the members of the retirement asso- 
ciation shall annually elect one of their number for term of three years to 
serve on said board; the seventh member of said board shall be annually 
chosen by remaining members of the board to serve one year ; vacancies shall 
be filled in same manner as members of board are chosen. Members of said 
board shall receive no compensation, but shall be reimbursed for expenses 
and loss of wages incident to serving on said board when the same is approved 
by the governor and council. Duties and powers of retirement hoard: To 
make by-laws and regulations; employ secretary, who shall give bond, and 
clerical and other assistance, and fix salaries of same with approval of the 
governor and council; pay retirement allowances and other expenditures; 
adopt one or more mortality tables, and determine rates of interest in con- 
nection with such tables; perform such other functions as may be required. 
The funds of the retirement system shall consist of an expense fund, an 
annuity fund and a pension fund. Expense fund shall consist of State appro- 
priations for administration expenses alone of said system. The annuity fund 
shall consist of assessment paid by members, and interest derived from 
investment of the annuity fund; each member shall annually pay from his 
salary not less than 3 per cent nor more than 7 per cent of the same, as 
shall be determined by the said board, but no member shall pay more than 
$100 nor less than $35 each year to such fund; assessments are payable in 
monthly installments by deduction from salaries; any member after paying 
such assessments for 30 years shall be exempt from further assessments, but 
such member may, if he so elects, continue to pay his assessments to the fund ; 
no member so electing shall pay further assessments after the total sum of 
assessments paid by him shall have amounted, with regular interest, to a 
sum sufficient to purchase an annuity of $500 at age of 60; and interest there- 



F (c). teachers' pensions. 455 

after accruing shall be paid to tlie member at ttie time of his retirement. 
The pension fund shall consist of such amounts as shall be appropriated by 
the legislature. Any member of retirement association may retire from serv- 
ice at age of 60 years, or at any time thereafter; if unable to render satis- 
factory service as a teacher, may be retired by school committee with ap- 
proval of retirement board; any member on reaching 70 years of age shall 
be retired. The retiring allowance consists of an annuity derived from a 
member's own contributions, including accumulated interest, and a pension, 
equal in amount, derived from State appropriations ; the State also grants an 
additional pension in case of members who were in service prior to July 1, 
1914, and in these cases the minimum retiring allowance shall be $300 per 
year. Any member withdrawing from the association before becoming eligible 
for retirement shall receive from annuity fund all amounts contributed as 
assessments, together with regular interest thereon ; if any member shall die 
before retirement, his contributions to the annuity fund with regular interest 
shall be paid to his legal representatives. Annuity or pension funds shall 
not be taxed or attached ; no assignment of such funds shall be valid. The 
State treasurer shall receive, invest, and disburse retirement funds. No 
person required to become a member of the State retirement association shall 
be a member of any other such association supported wholly or in part by 
taxation. In certain cases cities or towns pensioning teachers shall be reim- 
bursed for such expenditures. The superior court shall have jurisdiction 
over cases arising under this act. 

Micliigan: Law providing for the retirement of teachers applies to city of 
Detroit only. 

Minnesota: In every city having population of more than 10,000, the teaching 
body may, with consent of common or city council in said city, establish a 
" Teachers' Retirement Fund Association " ; such association shall be a cor- 
poration; funds of said association shall consist of contributions from 
teachers, and may be increased by taxation of property of said city, but said 
tax shall not exceed one-tenth of a mill; beneficiaries of such fund shall in- 
clude superintendents, supervisors, principals, and instructors. 

Nebraska: In every school district in a city of the metropolitan class there 
shall ■ be created a public-school teachers' retirement fund, which shall be 
under the control of the board of education. Sources of fund: Not less than 
1 per cent and not more than 1^ per cent of teachers' salaries; an amount 
from general district fund equal to not less than 1| times amount of salary 
assessments; gifts and bequests. Teacher credited with 35 years of service 
may be retired; credited with 40 years of service, shall be retired; at least 
20 years of such service shall have been in the district; annuity shall be 
$500. Disabled teacher having taught 25 years, 20 of which must have been 
in the district, may be retired; annuity shall be such proportion of $500 
as time taught bears to 35 years ; when disability is removed teacher may be 
reinstated. Discharge of any teacher, other than for disability or length of 
service, shall forfeit any right of such teacher to benefits of this act. 
" Teacher " shall include members of the teaching staff, supervisors, assist- 
ants to superintendent, and principals. 

New Jersey: Board of trustees of the teachers' retirement fund shall consist 
of the commissioner of education, three persons not teachers and not eligible 
to membership in said fund to be appointed by the governor, and five per- 
sons members of said fund, nominated at convention of said fund and ap- 
pointed by the governor; appointive members shall serve four years. An 



456 STATE LAWS RELATING TO PUBLIC EDUCATION. 

annual convention of teachers' retirement fund shall be held; said conven- 
tion shall be composed of delegates elected by members of said fund, one 
delegate to each 100 teachers or fraction over 50, but each county shall have 
at least one delegate. Officers of said board shall be a president and vice 
president, to be members of board, and a secretary appointed by said board; 
said board shall administer said fund. Said fund may be invested in follow- 
ing securities: In stocks, bonds or interest-bearing notes of United States; in 
bonds of this State ; in bonds of any State that has not, v^ithin 10 years pre- 
ceding, defaulted in the payment of any lawful debt; in bonds of certain 
counties, townships, municipalities or school districts of this State; in bonds 
of certain cities or counties of other States ; in bonds secured by mortgages 
whch shall be a first lien on real estate situate in this State, worth double 
amount of loan, but not more than 60 per cent of permanent principal shall 
be so invested, and if any loan is made on unimproved or unproductive real 
estate, such loan shall not exceed 30 per cent of value thereof ; in real estate 
purchased by fund at sales upon foreclosure of mortgages owned by the fund. 
All moneys so invested shall be part of permanent principal of said fund, and 
income arising from moneys so invested, together with moneys received by 
donation, gift, legacy, bequest, devise, or otherwise, and not specifically directed 
to be made part of permanent fund, shall be available for payment of annui- 
ties. Said board shall make annual report to governor and State board of 
education. State treasurer shall be, ex officio, treasurer of said fund; shall 
make annual report to said board. Whenever any member of said retire- 
ment fund shall have taught 20 years in schools in this State supported 
wholly or in part by public funds, and shall, in the judgment of said board, 
have become incapacitated for further service in such schools, such person 
shall, at his request, be retired, and shall receive an annuity equal to six- 
tenths of average salary for the five years immediately preceding retirement ; 
no such annuity shall be less than $250 nor more than $650 ; in case amount 
paid to fund by any applicant shall not equal annuity for one year, such appli- 
cant shall make good such deficiency, or annuity shall be withheld until it 
shall amount to sum equal to such annuity ; such annuity shall cease upon re- 
employment, but payment of same shall be resumed upon second retirement. 
Said retirement fund shall consist of: (1) 2 per cent of salaries of members 
of fund employed 10 years or less at time of becoming members of the fund ; 
2i per cent of salaries of members employed from 10 to 15 years at time of 
becoming members; 3 per cent of salaries of members employed 15 years or 
more at time of becoming members ; no deductions from salary of any teacher 
shall exceed $50 in any one year, and total deductions shall not exceed $1.000 ; 
the district school boards shall make aforesaid deductions, and custodian of 
school funds shall foi-ward amounts so deducted to State treasurer; (2) all 
moneys received by donation, gift, legacy, bequest, devise or otherwise for 
said fund; (3) interest on investments, and other moneys which may be 
raised for increase of said fund. Powers of said hoard of trustees: To frame 
by-laws and prescribe rule^ and regulations ; administer oaths and subpoena 
witnesses ; fix salary and term of office of secretary of board ; draw warrants 
upon State treasurer for payment of annuities ; have care of moneys of said 
fund. Every teacher, teacher-clerk, principal, supervisor, supervising prin- 
cipal or superintendent who shall teach or be employed in public schools, or 
in any normal, model or reformatory school, or in any other school supported 
wholly or in part by public fmids, and any city, county or State superintend- 
ent of public schools, shall be member of said fund, and deductions shall be 
made from their salaries as hereinbefore provided. 



V (c). teachers' pensions. 45*? 

After total period of not less than 35 years of service evei-y teacher, teacher- 
clerk, principal, and supervisor in or under any system of public schools in 
this or any other State shall be eligible to retirement and shall annually 
receive a sum equal to one-half average annual salary received during last 
five years of service, but last 25 years of such service shall have been in 
this State ; any teacher who has reached age of 70 years whose last 20 years 
of service have been in this State shall also be eligible to retirement; any 
teacher who has reached age of 75 years, with 32 years of service in the 
State, shall also be eligible to retirement; any person having served as 
teacher, clerk, principal, or supervisor in public schools of this State for at 
least 35 years and retired or discharged from service on account of physical 
disability and who has reached age of 70 years shall be eligible to retirement 
and to receive pension. Application for retirement approved by school board 
must be transmitted to commissioner of education ; retirement may be effected 
by resolution of school board, likewise transmitted to said commissioner; 
upon approval of such application or resolution said commissioner shall certify 
same to State comptroller of the treasury who shall draw pension warrants 
on State treasurer. All records relative to retirement shall be filed in office 
of department of public instruction; said department shall furnish retire- 
ment blanks and forms. Commissioner of education shall annually certify 
to State comptroller amount necessary for pensions; such amount shall be 
annually deducted from the State school fund before apportionment of said 
fund is made to the several counties. 

Xew York: The term "teacher," as herein used, includes teachers and 
principals in public schools of cities, districts, and of Indian reservations, 
superintendents in cities, and union free-school districts, and district superin- 
tendents of supervisory districts; "retirement fund" shall mean New York 
State teachers' retirement fund for public-school teachers; "school commis- 
sioner" shall mean the district superintendent of schools. Retirement fund 
shall consist of: (1) Contributions made by teachers, school districts, and 
cities; (2) income from investment of retirement fund moneys: (3) dona- 
tions, legacies, gifts, and bequests for such fund; (4) appropriations made 
by State legislature for the purpose. Retirement fund board shall consist 
of five members appointed by commissioner of education, one appointed each 
year, term five years. At time of appointment one member of said board 
shall be a superintendent of schools in a city or district; one an academic 
principal; one a teacher in elementary schools; at least one member shall be 
a woman; any board member may be removed from office for cause. There 
shall be a president, vice president, and secretary of said board; secretary 
need not be a member of board ; salary of secretary shall be fixed by board 
not to exceed $2,000 per year ; board members shall serve without pay, but 
shall be allowed expenses. Said board shall meet annually, and shall have 
stated meetings at least once in each three months. State treasurer shall 
be ex officio treasurer of retirement fund and custodian thereof; retirement 
board shall determine as to what portion of said fund shall be permanently 
invested ; such investment shall be made in accordance with requirements of 
banking law. Powers of toard: To employ, prescribe duties, and fix com- 
pensation of its officers and employees ; conduct investigations, subpoena wit- 
nesses and administer oaths ; require reports from school officers ; draw war- 
rants for payment of annuities to teachers and purchase securities. Said 
board shall make necessary rules and regulations. All teachers employed 
in public schools of the State, except in those counties, cities, or districts in 
which provision has been made by statute for retirement of teachers, shall 



458 STATE LAWS KELATIl^^G TO PUBLIC EDtJCATlOK. 

contribute 1 per cent of their salaries to the retirement fund ; district super- 
intendents shall likewise contribute 1 per cent of their salaries; cities and 
school districts shall contribute to such found an amount equal to that con- 
tributed by teachers therein, to be deducted from the public moneys appor- 
tioned by commissioner of education to such cities and districts; school au- 
thorities shall deduct from teachers' warrants the 1 per cent required for 
said fund. The district superintendent of each supervisory district and 
superintendent of schools of each city shall state in their reports to commis- 
sioner of education and to the county treasurer the amounts to be deducted 
from teachers' salaries for retirement fund; district superintendent of each 
supervisory district shall file with supervisor of each town within such dis- 
trict a like statement ; superintendent of each city shall file with chamberlain 
or city treasurer a like statement. The commissioner of education shall 
include in his certificate filed with comptroller showing apportionment of 
State funds for common schools a statement of deductions to be made from 
teachers' salaries and contributions from districts and cities for retirement 
fund; comptroller shall direct State treasurer to pay required amounts into 
retirement fund. A teacher who has taught in public schools 25 years, at 
least 15 of which shall have been in this State, shall, upon retirement, receive 
a sum equal to one-half average salary for period prior to retirement, but 
not in excess of $600 per year ; a teacher who has taught in the public schools 
for 15 years, at least 9 of which were in this State, who is either physically 
or mentally incapable, may be retired, and shall receive an annuity in pro- 
portion to time taught. Retirement may be had on request of the teacher 
or of the school authorities upon application to retirement board ; said board 
shall pass on all such requests ; appeals may be made from decisions of said 
board to the commissioner of education. No teacher shall receive an annuity 
unless he shall have contributed to retirement fund an amount equal to 50 
per cent of his annuity, but he may make a cash payment to such fund so 
as to bring his contributions up to the required 50 per cent, or a part of 
annuity may be withheld to make up such deficiency. Annuities shall be paid 
quarterly. The contributions of any teacher made to a teachers' retirement 
or pension fund of a county, city, or district, in accordance with a special 
act, shall be transferred to the State retirement fund, if such teacher shall 
desire to retire under the provisions of this act; if a teacher shall desire to 
retire under special provisions of some county, city, or district, any con- 
tributions made by such teacher to State retirement fund shall be paid into 
the retirement or pension fund of such county, city, or district. Any county, 
city, or district operating under a special or local retirement statute may, 
upon application of more than two-thirds of teachers therein, be subject to 
provisions of the State retirement law ; retirement or pension funds of such 
county, city, or district shall be paid into State retirement fund. 

Every teacher in a State institution who has been employed for 10 years 
preceding as a teacher in any college, school, or institution supported by the 
State, and who shall have been engaged in teaching in some college, uni- 
versity, school, academy, institution, teachers' institutes, or in public schools 
of this State or elsewhere for aggregate period of 30 years must, at his 
request, or may, on order of commissioner of education, be retired from such 
employment; every such person shall receive certificate of retirement upon 
filing required affidavit with said commissioner; upon recommendation of a 
majority of governing board of such college, school, or institution any teacher 
therein may, on account of mental or physical incapacity, be retired if 10 
years shall have been spent in teaching in any college, school, or institution 



F (C). TEACHEBS^ PENSIONS. 450 

supported by the State, and aggregate of 20 years in schools of this State or 
elsewhere. Every teacher so retired shall receive one-half of salary which 
such person was receiving at date of retirement, to be not less than $300 nor 
more than $1,000 per year; payment shall be made quarterly by State treas- 
urer on warrant of comptroller on the audit of commissioner of education. 
Any person who shall have . honorably retired as provided herein prior to 
year 1910, and who shall have attained age of 70 years, if a man, and 60 years 
if a woman, may be appointed a substitute in position last held or be assigned 
to suitable educational work by said commissioner ; such person shall receive 
two-thirds of salary received at time of retirement when actively employed 
and one-half of such salary at other times. 

North Dakota: The board of trustees of the teachers' insurance and retire- 
ment fund shall consist of the State superintendent of public instruction, the 
State treasurer, and three teachers, one of whom shall be a woman, to be ap- 
pointed by the governor; association shall be organized at a meeting of the 
State education association; board may appoint a secretary, who shall re- 
ceive not exceeding $1,200 per annum ; board shall receive only necessary ex- 
penses in attending meetings ; it shall have charge of the fund. Each school 
board shall retain on every pay day from the salary of each teacher the 
amount herein provided. Every teacher joining the fund shall be assessed 
for 25 years as follows: First 10 years, 1 per cent, but not over $20 per 
annum ; next 15 years, 2 per cent, but not over $40 per annum ; total amount 
contributed shall be based on 25 years of service, but such amount shall not 
be less than first year's annuity. All teachers beginning employment after 
January 1, 1914, shall be deemed as joining the fund; those employed prior 
to that date may elect to become members, but may not be compelled to do so. 
School boards shall annually forward statements and amounts retained from 
teachers' salaries to county treasurer, who shall forward such amounts to the 
State treasurer and certify the same to the trustees of the retirement fund. 
Each county treasurer shall annually set aside from the county tuition fund 
10 cents for each child of school age in the county and shall forward the same 
to the State treasurer; the funds thus received by the State treasurer, to- 
gether with gifts and bequests, shall constitute the " teachers' insurance and 
retirement fund." Any teacher coming from schools not Included under 
the provisions of this act shall pay assessments for years of service in such 
schools based on first year's salary received in the public school. If teacher 
has made required payments, he may be retired after 25 years of service, of 
which* 18 years, including the last five, shall have been in North Dakota, or 
after 15 years of service in the State he may be retired for permanent mental 
or physical disability; person desiring to retire shall apply to the board of 
trustees. Annuity shall be one-fiftieth of the average annual salary for last 
five years multiplied by the number of years of service; when funds are in- 
suflicient, trustees may ratably reduce annuities. Teacher withdrawing from 
service may within six months receive back one-half of amount contributed. 
Annuities shall be paid quarterly; they shall cease on the resumption of 
teaching. Word "teacher" shall include superintendents and assistants, in- 
cluding county superintendents, principals, supervisors, and teachers. 

Ohio: Board of education of any district may, by a majority vote of members 
thereof, create a teachers' pension fund, to be under management of a board 
known as " the board of trustees of the school-teachers' pension fund " ; such 
board shall be composed of not less than three nor more than seven members 
as determined by board of education ; if composed of less than five members, 
board of education shall appoint one member and teachers remaining mem- 



460 STATE LAWS RELATING TO l>UBLIC ElDUCATtOK. 

bers ; if composed of five or more members, board of education shall appoint 
two members. Wben one-third of public-school teachers have accepted pro- 
visions of this chapter, superintendent of district shall call meeting of said 
teachers to elect members of pension board; each member shall serve not 
less than three years, to be determined by board of education ; pension board 
shall serve without compensation. Two dollars shall be deducted each 
month from the salary of each teacher who has accepted provisions of this 
act, and same shall be deducted from salary of each new teacher, to be paid 
into pension fund. All funds received by gift or from any other source, 
shall also be paid into such fund, or into a permanent fund; if paid into 
permanent fund, only interest shall be used. Pension board may invest pen- 
sion fund in certain bonds. Board of education may on account of mental or 
physical disability retire any teacher of public schools if such teacher shall 
have taught 20 years, 10 years in district or county and 10 years in the 
State or elsewhere. Term " teacher " shall include all teachers employed in 
public day schools, superintendent of schools, superintendents of instruction, 
principals, and special teachers. Any teacher may retire and become a 
beneficiary who has taught for 30 years; one-half of such service shall have 
been rendered in public or high schools of district or of county containing 
such district, and remaining one-half in public schools of the State or else- 
where. Each teacher so retired or retiring shall receive an annual pension 
of $12.50 for each year served as teacher, the total in any year not to 
exceed $450; if pension fund be insufBcient to meet pensions in full, amount 
available shall be prorated. Pension fund shall not be liable to be taken 
by any writ or process of law against beneficiary. Clerk of board of educa- 
tion shall make monthly certifications of deductions from teachers' salaries 
for pension fund. Treasurer of school district shall be custodian of pension 
fund and shall furnish bond in sum required by pension board; said treasurer 
shall receive as compensation an amount not exceeding 1 per cent annually 
of amount paid into fund during the year. A teacher who resigns shall, 
upon application, receive one-half of total amount paid by such teacher 
into such fund; any teacher willing to continue in service, who is not re- 
employed or is discharged before he has served 20 years, shall be paid back 
all money he or she has paid into pension fund, but if such teacher has 
served 20 years, he or she shall be entitled to receive pension; in case of 
death of teacher, his heirs shall be entitled to receive half of total amount 
paid into fund by such teacher. All deductions from salaries of teachers on 
account of tardiness or absence shall be paid into pension fund. Board of 
education in any district maintaining a pension fund shall pay from con- 
tingent fund into such fund, semiannually, not less than 1 nor more than 2 
per cent of gross receipts of the board raised by taxation. Any teachers' 
pension fund heretofore created shall be transferred to the pension Iboard 
created in any district under this act. 
Oregon: In every school district having 10,000 or more children of school age, 
the teachers employed in such district may, with approval of school directors, 
incorporate as the " teachers' retirement fund association." Such teachers, 
if desiring to incorporate, shall formulate a plan and submit the same to the 
board of directors for approval, and when approved and incorporated said 
association may receive, hold, invest, loan, or disburse funds. When plan 
is approved directors shall call a meeting of teachers to elect three persons 
to act as incorix)rators and trustees until the association is fully organized; 
such trustees shall receive applications until 300 teachers have become 
members. After said 300 teachers have been elected, they shall meet and 



F (C). TEACHEKS' PENSIONS. 461 

elect trustees to succeed the said incoi-porators. No association shall be In- 
corporated or commence to collect and disburse funds until a majority of the 
teachers of the district have approved the plan. After incorporation all 
teachers employed the first time for one year or more shall be deemed to 
have applied for membership in the assaciation. There shall be turned over 
to said association 3 per cent of the amount received by said district from 
county tax and also all fines, penalties, and forfeitures collected from 
teachers for violation of regulations. If funds available are insufficient to 
pay annuities due, the amount available shall be prorated among those 
entitled to receive the same. The word " teachers " in this act shall include 
superintendents, supervisors, and principals, as v^ell as instructors. Any 
annuity payable to a member shall be exempt from attachment, garnishment, 
or execution. 

Pennsylvania; Board of school directors of any district is hereby empowered 
to establish, contribute to, and administer a teachers' retirement fund ; such 
fund, in addition to amounts so contributed, shall include funds donated or 
bequeathed from other sources, together with reasonable contributions from 
teachers; but no person shall be required to contribute any part of his 
salary unless so provided for in his contract. Contributors shall be repre- 
sented in making regulations governing such fund ; every teacher, principal, 
or supervising official retiring in accordance with such regulations shall be 
entitled to an annuity. 

Rhode Island: Any person of either sex who shall have engaged in teaching 
35 years, 25 of which years, including 15 years immediately preceding 
retirement, shall have been in public schools of this State, may, upon volun- 
tary retirement or retirement by employer, receive an annual pension from 
the State equal to one-half average salary for five years preceding retirement, 
but such pension shall not exceed $500 per year ; any teacher who shall have 
taught for at least 20 years in public schools of State, and is incapacitated 
mentally or physically for such work, may retire or be retired, and shall 
receive pension in proportion time of service bears to 35 years. State board 
of education shall pass on applications for said pensions. 

South Carolina: See A (f), Administrative units — districts, etc. 

Utah: On request of a majority of teachers employed in a city of the first 
class or in the State at large outside of cities of the first class, the board 
of education in any such city, or the State board of education, shall authorize 
the organiaztion of a public school teachers' retirement commission. In cities 
of first class commission shall consist of seven members, viz, three elected 
from membership of association by memberr. thereof, superintendent of 
schools, clerk of school board, and two members elected by school board. 
In State at large commission shall consist of 15 members, viz. State auditor, 
treasurer, superintendent, attorney general, and 11 members elected by asso- 
ciation from membership thereof. Commission shall meet at least once each 
year and shall make an annual financial report. Funds shall be of two 
classes — permanent and current. When a retirement commission is duly 
organized, city superintendent or State superintendent, as case may be, 
shall notify teachers in service, and such teachers may elect to become 
members of association; teachers coming into the service for the first time 
shall sign contract agreeing to become members of association. Source of 
income: (1) Deduction of 1 per cent of teachers' salaries, but not to exceed 1 
per cent of salary of $1,200, annually; (2) deduction from teachers' salaries 
on account of absence through sickness, but not to exceed five days in any 
one year for a teacher; (3) all moneys received from gifts, bequests, etc. 



462 STATE LAWS RELATING TO PUBLIC EDUCATION. 

First two of these sources shall constitute current fund; last mentioned 
shall constitute permanent fund unless otherwise indicated by donor; only- 
interest of permanent fund shall be available for current expenditure. On 
recommendation of commission, city or State board of education may, by 
two-thirds vote, retire any member of association who has taught in the 
city or State 10 years, whose aggregate service has been 30 years or more, 
and who has become mentally or physically incapacitated; on retirement 
such person shall receive an annuity equal to one-half of average annual 
salaiy received during five years just preceding; if such person shall have 
had an aggregate service of less than 30 but more than 20 years, amount 
received shall be such a part of full annuity as years of service are a part 
of 30. Any teacher having taught 30 years, one-third of which shall have 
been in city or State where association is located, and having reached the 
age of 60 years, shall, upon his or her request, or upon recommendation of 
commission and two-thirds vote of board of education, be retired, and shall 
receive an annuity equal to one-half of average annual salary for five years 
just preceding. No annuity shall exceed $600. Auy teacher retired before 
having paid 1 per cent of salary during years of service claimed, not to 
exceed $1,200 annually, shall have amount due deducted from annuity. 
Teacher removing to district outside of bounds of his or her association 
may either have membership transferred or retain " absent membership," 
and continue to pay dues. In case of death of member having dependent 
relatives before retirement, such member's estate shall be entitled to refund 
of all moneys paid in by said member. If funds are sufficient to pay annuities 
due, amount available shall be prorated. " Teacher," as used in this act, shall 
for cities include superintendents, supervisors, principals, and teachers; for 
State at large, presidents of faculties, superintendents, professors, instructors, 
supervisors, principals, and teachers. 
Vermont: A permanent State teachers' retirement fund is hereby established 
to consist of (1) contributions of teachers, (2) contributions by the Vermont 
teacher retirement fund, (3) all donations, legacies, gifts, and bequests made 
to said fund, (4) appropriations made by legislature for purpose. (5) income 
from investment of said retirement fund. Retirement fund shall be under 
control of Vermont State teachers' retirement fund board, which shall con- 
sist of the governor, superintendent of education. State treasurer, and the 
president of the Vermont Teachers' Retirement Fund Association ex officio, 
and one member of said association, to be elected by it biennially. President 
of said association and member elected by it shall serve two years. Mem- 
bers of said board shall recieve no compensation, but shall receive expenses. 
Said board shall keep separate account of funds received from various 
sources; shall report annually to auditor of accounts funds received from 
said association. State treasurer shall be custodian of retirement fund, and 
said fund shall be invested only in those securities in which savings banks 
invest their funds. Income of such fund shall be paid to beneficiaries under 
rules of said board. Said board shall make biennial report to legislature. 
A teacher who has taught in public schools of the State not less than 25 
years of at least 28 weeks of 5 days each shall upon retirement receive 
from income of retirement fund an amount equal to one-half of average 
salary of said teacher for last five years of service, not to exceed $500 an- 
nually. A teacher who has taught in public schools 30 years, 20 years of 
which shall have been in this State, and of equal length as hereinbefore pro- 
vided, shall be entirled to an annuity not to exceed amount hereinbefore pro- 
vided. Any public-school teacher incapacitated for further school work shall 



F (c). teachers' pensions. 463 

receive from said income an amount determined by said board, but not to 
exceed annuity hereinbefore provided. Principals and union superintendents 
and normal-school teachers shall be entitled to said annuities. To receive 
such annuity a teacher shall present proof (1) as to age, length of service, 
or infirmities, (2) of largest salary received, (3) that he has retired from 
paid work in public schools, (4) that he has contributed to said retirement 
fund a sum equal to 40 per cent of annuity to which he is entitled. No 
teacher entitled to such benefits on reaching age of 60 years shall thereafter 
receive such benefits unless he retires from paid work as teacher on reach- 
ing said age. Until income from said fund shall be sufiicient to pay all 
annuities said board may divide such income proportionately among bene- 
ficiaries or pay annuities in order of periods of service to the State, or may 
withhold same and add to principal of fund until income shall become suffi- 
cient to meet any or all annuities. Teachers may be pensioned from moneys 
raised by towns or incorporated districts for school purposes. A teacher who 
has taught in a public school 30 years is eligible to receive a pension. No 
pension voted by town or incorporated district shall exceed one-half average 
salary received by teacher for last five years of service. A pension may be 
voted by town or incorporated district upon recommendation of directors 
or prudential committee at annual or at special meeting called for such 
purpose. 
Virginia: Persons who may &e retired. — Class A shall Include every person 
who has taught in the public schools of the State an aggregate of at least 20 
years, with a good record, and who is mentally or physically incapable of 
rendering efficient service ; class B shall include every person who has taught 
in the public schools of the State an aggregate of at least 30 years, with a 
good record, and has reached the age of 58 years if a man or 50 years if a 
woman. The State board of education shall place such persons on the 
" retired teachers' list," but division superintendents shall not be placed on 
such list. The State board of education or the State board of health may 
at any time and shall once every three years require persons retired under 
class A to be examined by a physician, and if disability no longer exists 
State board of education shall remove the said person from the retired list; 
any person removed from such list shall be restored to the same rights regard- 
ing certificates as he possessed at the time of application for retirement ; any 
person so removed may be restored to list at any time when eligible; any 
retired teacher who shall engage in teaching in a public school shall be 
removed from said list; any unmarried woman on the retired list who has 
taught less than 30 years or who is less than 50 years old shall be removed 
from said list if she marries ; when any person is removed from list he shall 
receive back amount paid into fund with 6 per cent interest, less any amounts 
paid to him out of retired teachers' fund. Any person in either class shall 
have deducted from the first year's pension an amount equal to 30 per cent 
of the average annual salary earned during the last five years, less the 
amounts already contributed to pension fund by said person ; such deduction 
shall be used to create a permanent endowment. Sources of fund: (1) One 
per cent of each teacher's salary; (2) State appropriation of $5,000 per an- 
num; (3) gifts and bequests. State board of education shall invest the 
fund; only the income shall be used in paying pensions. Amount of pension: 
A sum paid quarterly equal to one-eighth of the average annual salary during 
last five years, but not exceeding $400 per annum, except that a person whose 
average salary during last five years was $1,000 or more, may be paid $500 
per annum. No perspu shall be placed on the pension list after January 1, 



464 STATE LAWS RELATING TO PUBLIC EDUCATION. 

1914, unless such person shall have taught at least five sessions since July 
1, 1908. State board of education shall publish annually a list of names on 
the retired teachers' list; said board shall make rules and regulations to 
carry out the provisions of this act. 
Wisconsin: Board of trustees of teachers' insurance and retirement fund shall 
consist of five members, including State treasurer and State superintendent of 
public instruction, ex oflicio, and three members, one to be a woman, elected 
by members of said fund, one member elected each year; term, three years; 
any vacancy in board shall be filled by board until next board meeting ; said 
board may elect a secretary; State treasurer shall be ex oflacio treasurer of 
said fund; said board shall meet annually, and may adopt rules relative to 
business of said fund; members of said board shall receive no pay except 
expenses incurred, but secretary may receive annual salary not to exceed 
$1,200, to be paid out of said fund. Said board shall have control of said fund, 
and shall invest same under same conditions as trust funds of the State are 
invested ; said board shall make annual report to members of said fund and to 
State superintendent ; said board shall not be a corporation, but may sue and 
be sued ; all actions by or against board shall be prosecuted or defended, as 
case may be, by attorney general. Each school-district board, high-school 
district board, town board of school directors, board of education, or other 
managing body of each city, and of each school district, and of each village, 
and of each town operating schools under township system of school govern- 
ment, shall retain out of salary of teachers following amounts : One per 
cent per annum, not to exceed $15 per year, for each of first 10 years of 
service ; and 2 per cent per annum, not to exceed $30 per year, for each suc- 
cessive year of service, until said teacher shall have had total of 25 years' 
of teaching service ; total amount paid into such fund by teacher shall not be 
less than annuity to be received. Each of said school boards hereinbefore 
named shall annually report amounts so deducted from teachers' salaries to 
treasurer of town, village, or city in which schoolhouse of said teacher is 
located, and shall report such other facts relative to teachers and schools as 
may be required by law ; said school board shall make a like report to super- 
intendent of the county, district, or city in which schoolhouse is located; 
said superintendent shall transmit such report annually to board of said 
fund; said board of said fund, each of said school boards, and each of said 
superintendents shall keep complete records of data contained in said reports. 
Each town, village, and city treasurer shall annually forward amounts so 
received from school boards to the county treasurer; county treasurer shall 
annually transmit such amounts to State treasurer. No city, village, town, or 
school district shall share in the seven-tenths mill-tax apportionment for any 
year unless said rejport has been made and said amounts have been paid to 
State treasurer. State treasurer shall annually set side from seven-tenths 
mill tax levied for common schools 10 cents for each person of school age in 
the State, which, together with donations or legacies therefor, or moneys 
received from any legal source of increment, shall constitute the " teachers' 
insurance and retirement fund." To retire and receive an annuity the teacher 
shall have taught 25 years, 18 of which shall have been in public schools of 
Wisconsin ; such teacher shall pay such amount as is necessary to make total 
of assessments equal such annuity. A teacher after 18 years of teaching in 
public schools of the State, when mentally or physically incapacitated for 
further service, may retire and receive an annuity; such teacher shall pay 
such amount as is necessary to make total of assessments equal to annuity 
received. Each teacher so retiring shall receive annuity of $12.50 for each 



G (b). STATE XOKMAL SCHOOLS. 465 

year of service, not to exceed $450 in any one year; board of trustees may 
ratably reduce annuities wbeu condition of fund shall require such reduction. 
Any teacher who shall cease to teach in public schools may, upon application 
to board of trustees, receive one-half of amount paid into fund by said 
teacher; if said teacher shall return to service, he shall return amount so 
received, with simple interest on same not to exceed 4 per cent on amount for 
time drawn out. Payments from fund shall be made from income thereof, 
and in addition, when necessary, from principal of certain moneys as provided 
by law. One year's leave or leaves of absence legally granted to teachers 
shall be computed as part of 25 years of service, if teacher shall pay assess- 
ment for such time. Any teacher retiring under provisions of this act may 
again enter upon work of teaching, but shall receive no annuity while teach- 
ing. Such annuities shall be exempt from legal process and inalienable. 
Office of board of trustees shall be in the capitol. Term " teacher " shall 
include teachers, superintendents and assistant superintendents of schools, 
supervisors of instruction, principals, and assistant principals, and special 
teachers. Cities of first class are exempted from provisions of this act. 



G. TEACHERS: PROFESSIONAL TRAINING AND EDUCATION. 



(a) University Departments and Schools of Education. 

See G (b), State normal schools; P (e), State universities and colleges. 



G (b) . State Normal Schools. 

Alabama: Board of control of normal schools^ for white persons. — Governor, 
State superintendent, and six members appointed by the governor ; one of 
six appointive members appointed each year. Duties of l)oard: To visit and 
inspect each school at least once a year; require, as far as practicable, the 
same course of study; require presidents of schools to prepare course of 
study; elect presidents, teachers, and other officers, and fix their salaries; 
make rules and regulations for the government of such schools; six ap- 
pointive members shall report to legislature; board shall meet on call of 
chairman; board shall provide summer training courses; no compensation, 
except traveling expenses. 

See also B (e). State aid for elementary education. 

Arizona: Normal schools for the training of teachers, both male and female, 
are established at Tempe and at Flagstaff. Each such school shall have 
three trustees appointed for two years by the governor ; State superintendent 
shall be ex officio a member of such board ; secretary of board, who shall be 
a member thereof, shall make such reports to legislature as may be required 
by this chapter ; governor may remove a member for being agent of publisher 
of school books or school library books. Board may elect principal and 
teachers and fix their salaries and may remove them ; board may prescribe 
books to be used and make rules for the government of the school ; they may 
require students to file declaration of intention to teach. Special courses 
may be installed for teaching vocational, industrial, and other special teach- 

1 Six such schools for whites and three for colored persons are provided by law, 
3986°— 15 30 



466 STATE LAWS RELATING TO PUBLIC EDUCATION. 

ers. A practice school may be established in connection with a normal school 
and such school shall be a part of the public-school system and shall be main- 
tained jointly by normal school board and the district school board. Traveling 
expenses of board members shall be paid and each one, except the State super- 
intendent, shall be paid $4 per day for attending meetings. Board shall re- 
port annually to governor. Each board shall annually appoint a committee 
of three visitors to visit and examine normal school. 

See also A (bl). State boards; B (b), State school lands; P (c), State 
universities and colleges. 

Arkansas: The board of trustees of the university shall establish and main- 
tain in the southeastern part of the State a branch normal college to be of 
equal grade with the normal department of the State university. Such nor- 
mal school shall be under the control of the trustees of the University of 
Arkansas. 

See also P (c). State universities and colleges. 

California: Each school shall be under control of board of trustees composed 
of governor. State superintendent, and five members appointed by the gov- 
ernor and holding office for four years, terms overlapping. Powers and 
duties: To elect a secretary at a salary not to exceed $150 per annum; pre- 
scribe rules for their government and the government of the school ; pro^^de 
for the purchase of furniture, textbooks, etc. ; establish model schools ; estab- 
lish courses for training teachers of special subjects and grant diplomas 
therefor ; elect president and teachers and fix their salaries ; control expendi- 
ture of all moneys appropriated for the school and all moneys received from 
donations or tuition fees; keep accounts open to public inspection; report 
annually to State superintendent; revoke for cause diplomas granted hy 
them ; exclude incapable students on recommendation of faculty. Board shall 
hold two regular meetings annually, and may hold special meetings at call 
of president; members shall be allowed expenses for attending meetings. A 
joint normal-school board shall be composed of the governor. State superin- 
tendent, presidents of normal schools, and the chairman and two members of 
each normal-school board. Powers and duties of joint toard: To prescribe a 
uniform series of textbooks for such schools; prescribe a uniform course of 
study and standards for graduation ; prescribe a uniform standard of admis- 
sion; sit as a board of arbitration in matters concerning normal schools; 
may pass any general regulations regarding such schools. Members shall 
receive mileage when attending meetings. Superintendent shall be secretary. 
Pupils admitted must be of good moral character, over 16 years old, and 
eligible to admission to public schools; certified teachers may be admitted; 
residents of another State may be admitted on recommendation of governor 
or superintendent thereof; applicants for - admission must certify that they 
intend to teach. President of normal school shall report annually to trus- 
tees. Trustees of normal schools shall grant diplomas to graduates of normal 
or kindergarten departments; such diplomas shall entitle holders to certifi- 
cates of equal grade to county certificates; after two years of successful 
experience holder shall be entitled to a permanent certificate to teach in any 
primary or grammar school of the State ; normal-school graduates who have 
completed the course in the university prescribed for such graduates shall 
be entitled to teach in any primary, grammar, or high school of the State. 
State superintendent shall visit normal schools. A State normal school is 
established at Santa Barbara for training teachers of manual arts and home 
economics ; controlled by governor, superintendent, and five appointe<i trustees 



G (b) . STATE NORMAL SCHOOLS. 467 

as other normal schools, A State normal school is established in Fresno 
County for training teachers in the art of instructing and governing in the 
public schools; the course of study shall include agriculture and manual 
training; controlled as other normal schools. A similar normal school and 
similarly controlled is established in Humboldt County. 

Colorado: The State normal school at Greeley shall also be known as the 
State Teachers' College. Board of trustees shall consist of the State super- 
intendent, ex officio, and six members appointed by the governor ; term of 
appointive members, six years, two being appointed every two years ; trustees 
shall be a body corporate. The State normal school shall stand upon the 
same basis as to apportionment of State school funds as union high schools. 
Powers of trustees: To have general supervision and control of said schools; 
appoint and remove principal and teachers and fix their salaries; prescribe, 
with advice of faculty, the books to be used and course of study ; make need- 
ful rules and regulations. Course of study shall cover a period of not less 
than three years. Trustees shall prescribe qualifications for admission of 
students ; every student shall sign a declaration of intention to teach in the 
public schools of the State; school shall be open to all qualified residents of 
the State who are over 16 years old ; other persons may be admitted on pay- 
ment of a tuition fee fixed by board, and such persons shall not be required 
to sign declaration of intention to teach in the public schools. The normal 
school may grant diplomas to graduates of the full course ; said diploma shall 
be a license to teach in the public schools of the State, but State superin- 
tendent may annul such license. The board of trustees shall report annually 
to the State board of education. A normal school is established at Gunnison ; 
said school shall.be controlled by the board of trustees of the State normal 
school at Greeley. 

See also G (d), Teachers' institutes and summer schools; M (b), Kinder- 
gartens. 

Connecticut: The State board of education shall maintain normal schools for 
training teachers at the places where such schools are legally established, and 
such sum as said board may determine, not exceeding $110,000 annually, 
shall be paid therefor for the four normal schools now established, but the 
board shall not expend any money for a school hereafter established until 
the town, city, or city-school district shall have provided a school for 
practice in connection with said normal school. Board shall make rules 
governing admission of students ; tuition shall he free to those admitted, but 
applicants must file declaration of intention to teach in the public schools 
of the State. School officers shall annually forward to board the names of 
suitable persons to be received as students. State board shall expend the 
funds provided; appoint and remove teachers; file semiannually with the 
controller a statement of receipts and exi^enditures ; report annually to the 
governor. Said board may establish model schools in connection with 
normal schools. Said board may grant scholarships to one student from 
each town having a valuation of less than $1,500,000, said scholarship not 
to exceed $150. 

Delaware: Each county school commission may annually expend not exceed- 
ing $1,500 for aiding students designated by them to attend normal schools; 
such aid shall not exceed $2.50 per week for each person; every person 
receiving such aid shall enter into an obligation to attend school as desig- 
nated by the county school commission and to teach in the county for at 
least two years. (Since the opening of women's college, students desiring 



468 STATE LAWS RELATING TO PUBLIC EDUCATION. 

to fit for teaching are sent to tlae training department of tliat institution 
instead of to normal schools outside of the State.) 
See also Q ( b ) , Agricultural colleges. 

Florida: See P (a), Higher institutions, general. 

Georgia: See P (c), State universities and colleges. 

Idaho: A normal school for training public-school teacljiers is established at 
Lewiston. State board of education shall be trustees. Powers and duties 
with reference to normal school: To hold in trust and control all property 
of the school; let contracts and have charge of construction of buildings; 
have control of funds of school; audit and allow accounts. Treasurer of 
board shall pay orders drawn by auditor on certificate of president and 
secretary of board. Not exceeding 50,000 acres of land donated by United 
States for normal schools shall be sold for Lewiston School. Board shall 
elect principal and teachers, fix their salaries, prescribe their duties, and 
may dismiss them ; prescribe course of study and grant suitable certificates 
and diplomas which shall entitle holders to teach anywhere in the State 
for time and in grade specified ; prescribe textbooks, apparatus, etc., and pro- 
vide the same; when expedient, establish and maintain a model school; 
make rules for admission of pupils. Applicants for admission shall, if males, 
be over 16 years old, if females, be over 15 years old, be of good moral char- 
acter, and declare intention to teach. Applicants from other States may be 
admitted on presenting recommendation from State superintendent thereof 
and on paying $100. Expenses of trustees while carrying out this act shall 
be paid. President and secretary of hoard shall report annually to governor. 
A normal school for training public-school teachers is established at 
Albion. State board of education controls. Provisions of law practically 
same as those for Lewiston State Normal School. 
See also A (bl), State boards. 

Illinois: The Eastern Illinois State Normal School at Charleston is constituted 
a body corporate. Object: To qualify persons to teach in the common schools 
of the State. Board of trustees shall consist of State superintendent and five 
members appointed by the governor ; term of appointive members four years, 
two or three, as the case requires, being appointed every two years. Powers 
of trustees: To appoint teachers, fix their salaries, and remove them for 
cause; prescribe textbooks and apparatus to be used; grant diplomas and 
degrees on recommendation of faculty. 

The Northern Illinois State Normal School at De Kalb, the Southern 
Illinois State Normal School at Carbondale, and the Western State Normal 
School at Macomb are established. Provisions of the laws regarding said 
schools are similar to those for the Eastern Illinois State Normal School. 
The Illinois State Normal University is established at Normal and is subject 
to similar laws. 

There shall be awarded annually to each school township, or fractional 
township, a scholarship which shall entitle the holder to free tuition in any 
State normal school for a period of four years ; any township having exceed- 
ing 100,000 inhabitants shall be entitled to five such scholarships. County 
superintendent shall hold competitive examination of applicants who shall be 
graduates of the eighth grade; he shall certify those showing the highest 
qualifications to the State superintendent, who shall issue scholarships. 

See also A (b2). State ofllcers; A (c2), County officers; G (c), County and 
local normal schools. 



G (b). STATE NORMAL SCHOOLS. 469 

Indiana: A State normal school is established at Terre Haute. Board of 
trustees: State superintendent of public instruction, ex officio, and four 
members appointed by the governor, subject to the approval of the senate; 
term four years, two being appointed every two years. Said board shall 
organize, in connection with said school, a model school for training students 
in the practice of teaching. Said board shall prescribe the course of study, 
elect instructors and fix their salaries, and make rules regarding entrance 
requirements. Conditions of entrance: (1) If a female, 16 years old or older, 
and if a male 18 years old; (2) good health; (3) evidence of good moral 
character; (4) pledge to teach in the State for twice the time spent in the 
school. Residents of Indiana fulfilling these conditions shall receive tuition 
free. Trustees shall report biennially to legislature when in ' session and 
biennially to governor when legislature is not in session. State board of 
education shall annually appoint a board of visitors. Trustees shall issue 
certificates of proficiency to students completing any of the prescribed courses 
of study; two years after graduation and after giving evidence of profes- 
sional ability, graduates shall be entitled to diplomas appropriate to profes- 
sional degrees conferred upon them, and said diplomas shall entitle holders 
to teach in any of the schools of the State. Trustees shall each receive $5 
per day and expenses for each day of service rendered. 

The State board of education is constituted a State teachers' training 
board to arrange for a regular system of normal training, to designate what 
schools and what professional departments in schools shall be accredited, to 
pass upon courses of study and teaching in accredited schools and depart- 
ments, and to determine credits to be allowed, but requirements shall be 
uniform and shall not be above the requirements of the State normal school. 
Said board may prescribe courses of study upon completion of which graded 
certificates of work done may be granted by any such accredited school, which 
certificates shall be recognized by the State normal school. Each accredited 
school and the State normal school may establish a two-year course open to 
high-school graduates, the completion of which will be accepted in lieu of a 
license, and will entitle the holder to teach in the district schools and the 
grades in small towns for three years. Two years after graduation and after 
giving evidence of professional ability, graduates of any accredited school 
or department shall be entitled to diplomas issued by said school, stating 
the amount and character of work completed. 

See also A (bl). State boards; A (c2), County officers; B (d), State taxa- 
tion for school purposes; O (a), Industrial education, general; P (c), State 
universities and colleges. 

Iowa: The school for the training of teachers at Cedar Falls is declared the 
Iowa State Teachers' College. Said school shall be under the control and 
management of the State board of education. Board may contract with the 
directors of a school township or independent district in which such school 
is situated and those contiguous thereto to receive pupils thereof and give 
them instruction. Tuition therefor shall not exceed 50 cents per week per 
pupil. 

See also A (bl), State boards; E (b), Teachers' certificates, general. 

Kansas: There shall be located in Emporia a State normal school for the 
instruction of persons, male and female, in the art of teaching. All sections 
of land on which salt springs are located and which were granted by Congress 
to the State and one additional section are set apart as a perpetual endow- 
ment of the said normal school. Poicers of l)oard of administration: To ap- 
point president- and faculty and remove them for cause ; prescribe books to 



470 STATE LAWS RELATING TO PUBLIC EDUCATION. 

be used; fix entrance requirements; establish a practice school; require tui- 
tion fees of those not entitled by law to free tuition. Every representative 
district (representative in legislature) in the State shall be entitled to one 
pupil, tuition free, who shall enter on conditions prescribed by board of 
administration. State superintendent shall appoint three persons not mem- 
bers of the board to visit the normal school at least once each year. Person, 
having completed 22 weeks of the course shall, after successful examination, 
be entitled to a certificate to teach in common schools; person having com- 
pleted full course shall be entitled to a diploma, with all the honors and 
privileges of the same. Board may sell lands set apart for normal school, 
and proceeds thereof shall constitute the " State normal-school fund." Board 
shall prescribe, in addition to a two-year course, a course of not less than 
three years ; but said certificates must be registered in office of State superin- 
tendent. The Fort Hays Normal School is located at Hays. There is estab- 
lished at Pittsburg a manual-training normal school, the same to be under the 
control of the board of administration. Any person over 16 years old who 
has completed the course of study shall be entitled to a certificate to teach 
in any public school except high schools. 

See also A (bl). State boards; B (c), Permanent State school funds; 
E (b), Teachers certificates, general; K (c), Uniformity of textbooks; M (b). 
Kindergartens. 
Kentucky: State is divided into two normal-school districts, called eastern 
and western. There shall be established the Eastern Kentucky State Normal 
School at Richmond and the Western Kentucky State Normal School at Bowl- 
ing Green. Objects of these schools shall be to more fully carry into effect 
section 183 of the constitution by giving teachers of the Commonwealth train- 
ing in the common-school branches in the science and art of teaching. There 
is created a board of regents for each of said normal schools, with perpetual 
succession and the powers of a body politic and corporate. This board is 
composed of five members, including the State superintendent, who shall be 
a member and chairman of each board. The governor shall appoint four 
members for each school, and they shall serve four years. Not more than 
three shall be members of the same political party, and no two shall be resi- 
dents of the same county. Each board shall organize and hold quarterly 
meetings. Powers and duties: Each board shall have general control and 
management of its normal school; shall adopt rules and regulations, enforce 
obedience, appoint or dismiss officers and teachers, appoint treasurer, and 
fix bond. The State superintendent and the head of each normal school shall 
constitute a normal executive council, who shall prescribe course of study to 
be taught and educational qualifications for admission and graduation. 

Each board shall confer certificates as ■ follows : Elementary 'certificate 
for one year's work which shall entitle holder to teach in any public school 
two years ; intermediate certificate for two years' work shall entitle to teach 
four years; advanced certificate for three years' work shall entitle holder 
to teach three years after which it may be extended for life. Any certificate 
may be revoked for cause by board of regents or State superintendent ; any 
county superintendent may revoke in his county. Board shall have power 
to appoint and remove officers and teachers and fix their pay; no officer 
or teacher shall be removed except for incompetency, neglect or refusal to 
perform his duty, or for immoral conduct. Board shall draw no salary but 
shall be paid mileage; no officer, teacher, regent, or member of normal 
executive council shall be interested in any contract; the president shall 
make a written report to regents; treasurer shall give bond, receive and 



G (b). STATE NORMAL SCHOOLS. 471 

disburse moneys, and make quarterly reports ; secretary shall keep all records. 
Regents shall provide for payment of indebtedness by setting aside tuition 
and other fees; all appropriations, grants, or gifts for specified uses shall 
be so applied. Each county shall appoint one pupil to free tuition in the 
normal school for each 500, or fraction over 250, of white school children 
for the full term of the prescribed course of study in the school; county 
superintendent shall select such appointees by competitive examination. 
Regents may maintain a model and practice school in each; $10,000 to be 
equally divided between the two for equipment and $40,000 granted annually 
to be divided equally for salaries and other expenses. Deeds are to be made 
to the State and regents may purchase or condemn real estate. Each board 
may erect a library and erect or lease any necessary buildings or grounds; 
students may take examinations for county certificates. It shall be illegal 
for any officer or regent to contract obligations when there is no money with 
which to pay; board may sell such real estate as is not needed by school 
and it may also borrow money. 

State normal school for colored persons, established in 1886, shall be 
under control of board of trustees, composed of State superintendent and 
" three intelligent and discreet " residents of Franklin County, who are con- 
stituted a body corporate with the usual powers. Trustees shall hold office 
three years and be appointed by governor. There shall be maintained in 
said institution a department for education of colored students in agri- 
culture and the mechanic arts and the board shall be entitled to receive an 
equitable division of moneys arising under act of July 2, 1862, Board shall 
prescribe course of study, select instructors and fix salaries, determine con- 
ditions of admission; tuition shall be free to all colored residents of Ken- 
tucky who fulfill the conditions. Board shall visit school once each session 
and shall make an annual report to the governor and a biennial report to 
the legislature ; $3,000 annually appropriated for expenses. Board is author- 
ized to grant certificates of proficiency and such teachers as have completed 
prescribed course in normal department shall be entitled to a diploma and 
to teach in any of the colored common schools of the State. Name of State 
Normal School for Colored Persons changed to the Kentucky Normal and 
Industrial Institute. 

See also P (c), State universities and colleges. 
Louisiana: The State normal school shall be under control of board of 
administrators consisting of six members, appointed by governor, one from 
town of Natchitoches and one from each of the first five circuits of court 
of appeals ; two appointed every two years to serve six years ; governor shall 
be ex officio president of board. Board shall be body corporate; shall 
elect and fix compensation of teachers ; shall hold annual meetings and may 
hold special meetings; shall during meetings receive traveling expenses and 
per diem same as legislators; president of said school shall be ex officio 
member of board. Said school shall be open to white persons properly quali- 
fied; shall contain normal department and practice school; course of study 
of normal department, to extend over period of four years, shall embrace 
instruction and training in history and science of education, theory and 
practice of teaching, organization and government of schools, and such other 
subjects as may be deemed necessary. Practice school shall consist of such 
grades, with such course of study, as said board may prescribe. Appli- 
cants for admission must be at least 15 years old if female, and 16 years old 
if male; must be of good moral character and proficient in common-school 
branches; must agree to remain in said school until graduation, unless 



472 STATE LAWS RELATING TO PUBLIC EDUCATION. 

sooner discharged, and to teacli in public schools of State for at least one 
year after graduation; tuition shall be free to students meeting such re- 
quirements, but shall be paid by others. Each police jury of the State and 
city of New Orleans may, from each ward, designate one female student 
to said institution, support of student to be a charge against police jury or 
ward, to cost not exceeding $250 per year for each student ; said beneficiaries 
shall be appointed on basis of competitive examinations from among needy 
persons. Board may grant diplomas to graduates; diploma shall entitle 
holder of first-grade teacher's certificate without examination, valid for four 
years and renewable; diploma shall entitle holder to preference in public- 
school positions, as may be determined by State board of education. 
See also A (b2), State officers; Q (b), Agricultural colleges. 

Maine: Normal schools are established at Farmington, Castine, Gorham, 
Machias, and Presque Isle. Course of study shall include common English 
branches in review and higher professional subjects with special reference 
to school management and methods of instruction ; schools shall be free from 
denominational teachings. Principals shall keep records of enrollment, at- 
tendance, textbooks used, etc., and shall report annually to State superin- 
tendent. Course shall be of two years duration; trustees may arrange a 
course for three or four years for students desiring such. Student completing 
course shall receive a diploma. Applicants for admission shall be 16 years old 
if females, 17 if males, and shall signify their intention to teach. Board of 
trustees for such schools shall be State superintendent and four members 
appointed by governor, one being appointed each year. Trustees shall have 
charge of the general interests of the schools; they shall report annually 
to governor and council. They shall maintain at Fort Kent for not less than 
eight months each year the Madawaska Training School for training teachers 
in "Madawaska district." For support of five normal schools and Madawaska 
school $85,000 is annually appropriated from common school fund. 

Two thousand five hundred dollars is annually appropriated to defray ex- 
penses of at least four summer schools for teachers, such schools to be con- 
ducted under direction of State superintendent. 
See also 6 ( a ) , Industrial education, general. 

Maryland: Three schools shall be located in vicinity of Baltimore, Frostburg, 
and Bowie for instruction and practice of teachers in science of education, 
art of teaching, and mode of governing schools ; under control of State board 
of education ; faculty shall consist of principal and necessary teachers ; there 
shall be maintained in each a two years' normal course with emphasis on 
professional subjects, including history of education, school organization, 
and methods of teaching; for males and females; State board shall arrange 
and prescribe qualifications and scholastic attainments ; students apportioned 
to counties in proportion to repre,sentation in general assembly ; students 
shall be selected by county boards for scholarships; alternates shall be ap- 
pointed ; free textbooks ; pay pupils may also be admitted ; State board shall 
prescribe course which shall be uniform as far as possible ; they shall super- 
vise schools ; provide practice teaching and organize model schools ; $50,000 
annually for Baltimore to begin August 1, 1915 ; $10,000 for Frostburg ; $7,000 
for Bowie; to be for all necessary expenses and shall be paid out of public 
school tax; donations for any normal school shall be held by State 
board. Annual report shall be made to governor by State board, and pub- 
lished. 

State normal school for instruction and practice of colored teachers in 
science of education, art of teaching, and mode of governing schools; under 



G(b). STATE NOEMAL SCHOOLS. 473 



control State board of education, wlio shall appoint principal and assist- 
ants, prescribe curriculum, ^Ybicb shall include teaching elements of agricul- 
ture and mechanic arts, provide supplies, fix qualifications, salaries, etc., 
of instructors; located at Bowie. 

See also A (bl). State boards; J (b), Medical inspection. 
Massachusetts: The State board of education shall have general management 
of the State normal schools and the dormitories of said schools; the receipts 
from pupils boarded in said dormitories, and from other sources at State 
normal schools, shall be paid into the State treasury ; said normal schools 
and dormitories shall be maintained by the State ; the principals of said nor- 
mal schools shall give bond approved by the State board. The said board 
may receive into normal schools students from other States and from foreign 
countries upon payment of tuition fees. The cities of North Adams, Fitch- 
burg, and Lowell, and the town of Barnstable shall each agree in writing with 
the State board to provide buildings and model and practice schools in con- 
nection with normal schools therein. The State board is authorized to pro- 
vide agricultural education in the North Adams normal school if said city 
shall contribute free use for 10 years of land for the purpose. 

The trustees of the Massachusetts Agricultural College are authorized to 
establish a normal department for purpose of giving instruction in the ele- 
ments of agi-iculture to persons desiring to teach the same in the public 
schools if the cost of said department shall not exceed $5,000 in any one year, 
and at least 15 candidates present themselves for such instruction. 

The State board of education is authorized to expend a sum not exceeding 
$250,000, together with any gifts for the purpose or receipts from the sale or 
exchange of the present school property, for the taking or purchase of a new 
site for said school. 

The State board of education is authorized to establish and maintain classes 
for the purpose of training teachers for vocational and continuation schools. 
Any city or town, or district composed of cities and towns, may, with the 
approval of the State board, establish and maintain classes for training 
teachers for continuation and vocational schools. 

See also A (bl), State boards; B (c), Permanent State school funds; J (b), 
Medical inspection. 
Michigan: The school known as Central Michigan Normal School located at 
Mount Pleasant is continued for the purpose of training teachers for the rural 
schools and primary departments of graded schools; State board of educa- 
tion shall acquire title to property in fee. Said school shall be subject to the 
control of the State board of education. The name of the Michigan State 
Normal School, at Ypsilanti, is changed to the Michigan State Normal Col- 
lege. A State normal school is located at Marquette; it shall be under the 
control of the State board of education ; it shall be known as the Northern 
State Normal School. The State board of education shall designate a place 
in the western part of the State at which shall be located the Western State 
Normal School for the purpose of training teachers for the rural district 
schools and primary departments of graded schools. Physical training shall 
be included in the branches to be taught in the public schools of any city 
having a population of more than 10,000 and in the State normal schools. 

See also A (bl). State boards; G (c), County and local normal schools. 

Minnesota: There are five State normal schools in the State. Management of 

said schools shall be vested in board of eight directors, who, with State 

superintendent, shall constitute normal-school board; said directors shall be 

appointed by governor, subject to confirmation by the senate, for term of 



474 STATE LAWS EELATING TO PUBLIC EDUCATIOI^. 

four years; there shall be one director in each county in which a normal 
school is located, and no two shall be residents of same county. Powers of 
said hoard: To control normal schools and property thereof; appoint teachers 
and employees, and fix their salaries; prescribe courses of study, conditions 
of admission, and confer diplomas; thoroughly inspect such schools at least 
once in each year; report to governor on same in every even-numbered year. 
Directors shall be reimbursed for actual expenses in connection with normal 
schools out of funds of said schools. Normal-school board shall elect one of 
its members purchasing agent for said schools, whose salary shall be fixed 
by board and paid pro rata by normal schools; executive head of each 
normal school shall quarterly present estimates of succeeding expenses to 
purchasing agent. There shall be held in each normal school a summer 
session of 12 weeks. There shall be no tuition or other charge for any 
normal-school student who files with the president a declaration of intention 
to teach in the public schools of the State for at least two years after leav- 
ing school ; board shall fix tuition charges for other students and for pupils 
in model schools. Normal-school board may organize model schools in con- 
nection with normal schools for illustrating methods and school government 
only. Presidents of normal schools shall make annual reports to State 
superintendent. 

See also E (b), Teachers' certificates, general; N (a), High schools; P (c), 
State universities and colleges. 
Mississippi: A body politic and corporate is created by name of Mississippi 
Normal College; cost, limited to $100,000; applicants for admission must have 
completed course of the public schools, and course in said normal school shall 
be confined to " a strictly normal or professional course for training teachers 
in the public schools; " government vested in trustees, appointed by governor, 
one from each congressional district, with governor and State superintendent 
as members ex officio ; governor to be president of board ; length of service, six 
years, four being appointed every three years; governor shall fill vacancies; 
trustees shall elect one of their members as secretary and a treasurer, who 
shall give bond ; no member, officer, or agent of the board shall be interested 
in any contract ; accounts shall be settled annually with auditor ; board shall 
make reports to legislature through governor; board shall receive proposals 
for location of institution ; upon selection of land for site board shall contract 
for building, which shall be of sufficient capacity to accommodate the number 
of students to be apportioned among the counties in proportion to the number 
of educable children; school buildings, grounds, and dormitories to be fur- 
nished free of cost to State; trustees shall elect president, prescribe course 
of study and rules for admission, fix number of teachers and salaries ; presi- 
dent shall be professional advisor of trustees and have immediate supervision 
of institution. Course of instruction shall be arranged in two divisions ; com- 
pletion of first evidenced by certificate, of second, by a diploma ; certificate 
shall be a first-grade license to teach, good for five years ; diploma, a profes- 
sional license; tuition free to all Mississippi students who give pledge to 
teach three years; the expense of the building, improving, repairing, fuel, 
furniture, printing, apparatus, salaries, chargeable against institution ; others 
chargeable against students as incidental fees. County supervisors of For- 
rest County authorized to issue $50,000 in bonds to procure location of 
Mississippi Normal College; 6 per cent, 40-year bonds, payable at option of 
county after five years ; board shall levy special tax to pay interest and pro- 
vide sinking fund. Mayor and aldermen of Hattiesburg authorized to issue 
$50,000 in bonds to procure location of Mississippi Normal College in Hatties- 



G(b). STATE NORMAL SCHOOLS. " 475 

burg; 6 per cent, 20-year bonds; mayor and aldermen shall levy special tax 
to pay Interest and the bonds maturing within any one year. 
See also Q (f), Other technical and professional schools. 

Missouri: The State is divided into five normal-school districts. The school 
at Kirksville shall be the first district normal school ; at Warrensburg, second 
district ; at Cape Girardeau, third district ; at Springfield, fourth district ; at 
Maryville, fifth district; Lincoln Institute at Jefferson City is constituted a 
normal school for colored persons. The board of regents for each such school 
shall be a body corporate and shall have perpetual succession; it shall con- 
sist, for each school, of seven members, six of whom shall reside in the dis- 
trict for which they are appointed, and the State superintendent shall be ex 
officio a member of each board ; the governor shall, during each biennial ses- 
sion of the legislature, appoint, with the consent of the Senate, two regents 
for each school, to hold office for six years; governor shall fill vacancies for 
unexpired terms; not more than four regents of any school, including State 
superintendent, shall be of the same political party. A majority shall consti- 
tute a quorum, but a vote of the majority of all members shall be necessary 
to appropriate money or employ or dismiss teachers. Powers of each hoard: 
To adopt and enforce needful rules and regulations; authorize faculty to 
suspend or expel students for cause, but such student may appeal to board; 
appoint and dismiss officers and teachers ; direct course of instruction ; desig- 
nate textbooks to be used ; appoint a treasurer and fix his bond ; fix qualifica- 
tions for admission ; confer degrees usually conferred by normal schools : 
The normal diploma conferred upon completion of the " advanced course " 
shall entitle the holder to teach in the public schools without further exami- 
nation, unless such diploma shall be revoked for cause by proper authority; 
holder of certificate conferred upon completion of the " elementary course " 
shall be entitled to teach subjects named in said certificate ; this section shall 
apply also to the normal department of the university and to Lincoln Insti- 
tute. Each applicant for admission shall pass prescribed examination and 
file declaration of intention to follow the business of teaching in the State. 
Board shall hold a regular meeting annually, and special meetings may be 
held; each member shall receive 6 cents per mile traveled each way and 
other necessary expenses in attending meetings. The president of each 
board shall report annually to the State superintendent. 

Montana: A State normal school is established at Dillon; such school shall 
be under control and supervision of State board of education ; said board shall 
elect president, teachers, and other employees of such school. United States 
grant of 100,000 acres of land in 1889 for the establishment and maintenance 
of a State normal school. 

See also A (bl), State boards; E (b), Teachers' certificates, general; P (c), 
State universities and colleges. 

Nebraska: All State normal schools shall be under control of board of seven 
members, five appointed by the governor for term of five years each, and State 
treasurer and State superintendent ex officio; members shall annually elect 
president and secretary from among their own members and State treasurer 
shall be treasurer of board. Secretary shall make annual report to governor of 
business of board. Board shall appoint principals and teachers and fix their com- 
pensation and prescribe their duties. Board shall receive no compensation, but 
shall be reimbursed for actual expenses incident to their duties as board 
members ; shall hold annual meetings and may hold special meetings. Watch- 
ful guardianship shall be taken of morals of pupils, but no religious or 
sectarian test shall be adopted in the schools. All lands remaining of the 20 



476 STATE LAWS EELATIXG TO PUBLIC EDUCATIOI!^. 

sections appropriated for tlie State normal schools and all funds derived from 
sale of same shall continue to be used for normal schools. Students entering 
any normal school for first time shall pay a matriculation fee of $5, to be paid 
into the library fund of normal schools ; all moneys received for use of rooms 
in dormitories of normal schools shall be expended in repairing and furnish- 
ing such dormitories. The exclusive purpose of normal schools is the train- 
ing in the arts of teaching and managing schools and in the principle and 
practice of the various branches of learning taught in the public schools. No 
person shall be admitted to normal schools who does not possess at least two 
years of high-school training, but mature pupils may be admitted to prepara- 
tory department, and foregoing provisions shall not apply to the junior 
normals or to attendance at the summer term of the normals. There are 
established not less than five nor more than eight junior normal schools ; the 
terms of such schools shall be not less than six nor more than eight weeks 
annually; at places where junior normals are held the entire public-school 
plant and equipment shall be placed at the service of the State for said nor- 
mals without expense; not less than three-fourths of the institute fund of 
counties where said normals are located shall be used for same; no junior 
normal school shall be located in any county whose county board shall appro- 
priate less than $100 annually for county institutes; in each county where 
there is a junior normal the county superintendent shall designate one week 
of the junior school as institute week ; any county superintendent in a neigh- 
boring county may designate one week of the junior school as- institute week 
for his county. State superintendent shall organize junior normal schools 
and appoint Instructors therefor. Course of study at junior normals shall be 
same as elementary course at State normal schools, and graduation therefrom 
shall carry with it all of the privileges of graduation from the same course 
in State normal schools. 

See also A (c2), County officers; N (a), High schools; P (c), State uni- 
versities and colleges. 

Nevada: See P (c), State universities and colleges. 

New Hampshire: The New Hampshire State Normal School at Plymouth is 
continued; instruction shall be confined to such subjects as will specifically 
prepare the pupils to teach in public schools and to other branches usually 
taught in normal schools; school shall run at least 20 weeks in each year. 
Management shall be vested in board composed of governor, State super- 
intendent, and five persons appointed by governor, with advice of council, one 
appointed each year ; term, five years. Board shall elect president and secre- 
tary from members and may choose treasurer who is not a member; shall 
meet at least once a year, receive no compensation, but shall be paid traveling 
expenses ; shall elect principal, who shall, with advice of board, select assist- 
ants. Board, with the principal, shall arrange courses of study ; board and 
principal shall prescribe entrance and graduation examinations and grant 
certificates to graduates. Tuition and graduation shall be free to those agree- 
ing to teach in the public schools for period equal to length of course; 
$26,500 shall be annually appropriated for school. Principal and teachers 
shall assist at teachers' institutes, as far as is practicable, receiving no com- 
pensation, except for necessary expenses thereby incurred. State superin- 
tendent shall incorporate report of normal school in his annual report. 
Normal school at Keene shall be under control of same board as that in con- 
trol of New Hampshire Normal School at Plymouth. Like provisions shall be 
in force for normal school at Keene as at Plymouth. Normal schools may 
contract with towns in the vicinity for maintenance of practice schools. 



G(b). STATE NOEMAL SCHOOLS. 477 

See also A (b2), State officers; B (a), General State finance and support; 
J (b), Medical inspection. 

New Jersey: State normal schools shall be under control of the State board 
of education ; object of said schools shall be to train and educate persons in 
the science of education and art of teaching; tuition shall be free. Duties 
of State l)oard relative to normal schools: To have care and control of prop- 
erty; appoint and fix salaries of principals, teachers, and other employees; 
furnish textbooks and supplies for use of pupils ; prescribe courses of study ; 
make rules for their management and grant diplomas ; appoint and fix salary 
of treasurer of each such school. State board may maintain model schools 
in connection with normal schools; moneys collected for tuition fees from 
the model school and for board at the boarding halls of normal schools shall 
be used for support of such model school and boarding halls ; State board may 
purchase supplies for boarding halls by contract. Whenever board of educa- 
tion in any school district located in a county of the first class shall offer a 
building suitable for normal-school purposes State board shall establish 
there a normal school. Each county shall be entitled to at least six times as 
many pupils in such schools as it has representatives in the legislature; 
pupils must agree to teach in public schools for two years upon graduation, 
unless temporarily excused by State board, and shall, if they do not so teach, 
refund to the State the cost of their education. 

See also A (bl). State boards; E (b), Teachers' certificates, general. 

New Mexico : The State normal school and the normal university shall be each 
under the control of a board of regents consisting of five members appointed 
by the governor, by and with the advice of the senate, term four years ; not 
more than three of whom shall belong to the same political party at the time 
of their appointment. Each such board shall be a body corporate. The secre- 
tary and treasurer of each such board shall give bond in the sum of $20,000. 
Each of said boards shall hold quarterly meetings, but may, when deemed 
necessary, hold special meetings; three members a quorum. Duties of each 
board: To employ a superintendent and teachers for said institution and 
fix their compensation; prescribe rules and regulations for conduct of said 
institution; determine branches to be taught; determine conditions upon 
which pupils shall be admitted, but no pupils who are not residents of New 
Mexico shall be admitted except upon payment of tuition. President of each 
such board shall sign all orders directed by the board to be drawn on the 
treasurer. Secretary of each such board shall keep the records of the board, 
and the treasurer of each such board shall submit financial report at each 
meeting of said board. The members of said boards shall receive $2 per day 
for time spent at meetings and 5 cents mileage each way; the secretary and 
treasurer shall receive $3 per day for such time and 5 cents mileage each 
way. Diplomas issued to graduates of normal schools shall be considered as 
first-class teachers' certificates, provided holders thereof shall have taken 
full professional course. A school of manual training is hereby established 
at the New Mexico Normal University, the object of which shall be to qualify 
teachers to teach manual training in the public schools; and also a kinder- 
garten training school for teachers. The normal schools shall forever be 
nonsectarian. No pupils under 12 years old shall be admitted to said insti- 
tutions who have not complied with the regulations of the State board of 
education in reference to the completion of work above the sixth grade. Pre- 
paratory training departments shall be established at each of said institu- 
tions, with not more than 12 pupils in each class. Each of said boards of 
regents shall annually set aside $1,500 for the payment of railroad fare of 



478 STATE LAWS EELATI^-G TO PUBLIC EDUCATIOK. 

Students over and above 75 miles each way; ttie same shall be paid only once 
in each year, and only to those students who are residents of the State and 
who intend teaching in the State. Boards shall keep accurate record of all 
funds; shall insure school property for three-fourths estimated value. 

The Spanish-American Normal School is hereby established for the pur- 
pose of educating Spanish-speaking natives of New Mexico for the vocation 
of teachers in the public schools of the counties and districts where the 
Spanish language is prevalent. Said institution shall be under the control 
of a board of regents consisting of five members appointed by the governor, by 
and with the advice of the senate, term four years, and not more than three 
of whom shall belong to the same political party at the time of appointment. 
The courses of instruction at said school shall be particularly arranged for the 
training of teachers to give instruction in English in the rural schools, espe- 
cially in those schools where the greater part of the pupils belong to Spanish- 
speaking families. Every student admitted to said school shall sign an obli- 
gation to teach at least two years in public schools of State after graduation, 
unless excused for good cause by the State board of education. No pupil 
shall be received in said school who has not passed the fourth grade as estab- 
lished in the public schools or who pass a satisfactory examination for en- 
trance in the fifth grade. 
New York: The normal schools, as already established, are continued; the 
local board of each of said schools shall consist of not less than 3 nor more 
than 13 members, to serve until removed by concurrent action of the chan- 
cellor of the university and the commissioner of education; any vacancy in 
any of said boards shall be filled by said commissioner. Powers of local 
hoards: To have immediate supervision and management of said schools under 
general supervision of commissioner of education; establish rules and regu- 
lations; make annual report to legislature through the commissioner of edu- 
cation. Treasurers of said boards shall give bond; aggregate salaries of the 
secretary and the treasurer shall not exceed $400 per year. Commissioner of 
education shall prescribe courses of study for normal schools; shall deter- 
mine number of teachers and their salaries, and employment of teachers 
shall be subject to his approval; shall discharge any duty of said board 
when board shall neglect or refuse to perform the same ; shall prepare diplo- 
mas for graduates of normal schools. Nonresident students at any normal 
school shall pay tuition ; no student shall be received in the academic depart- 
ment of any normal school except upon pledge to complete the regular nor- 
mal course; no charges shall be made to students of normal department of 
any such school for tuition or for use of books or apparatus; any student 
may be dismissed for cause. Boards of said schools may appoint special 
policemen for protection of property. The village or city wherein is located 
any normal school may insure or supplement the insurance on normal-school 
property. The board of any normal and training school may accept any gift, 
grant, devise, or bequest of property for said school, upon approval of com- 
missioner of education. Commissioner of education shall select certain Indian 
youth for education at normal schools, expenses of such youth to be paid by 
the State ; such youth shall not be under 16 years old and shall be supported 
and educated at said schools not to exceed three years ; local boards shall be 
guardians of said youth ; said Indian youth shall enjoy equal privileges with 
other students, including traveling expenses, not exceeding $10 to each pupil. 
The normal school at Albany shall be known as the State College for Teach- 
ers ; board of trustees of said college shall consist of the commissioner of edu- 



G(b). STATE XOEMAL SCHOOLS. 479 

cation and four members appointed by said commissioner with approval of 
the regents. 

See also A (bl), Stcite boards; E (b), Teachers' certificates, general; F (c). 
Teachers' pensions; L (d), Physiology and hygiene; O (a), Industrial educa- 
tion, general. 
North Carolina: The trustees of the East Carolina Teachers' Training School 
are constituted a body corporate ; board shall consist of State superintendent 
and nine members appointed by State board of education; term, six years. 
Purpose of school, to train young white men and women to teach. Board may 
prescribe course of study. Tuition free to those signifying their intention to 
teach. Board may grant diplomas of graduation. Annual State appropriation 
for maintenance. 

Board of trustees of the Appalachian Training School for Teachers shall 
constitute a body corporate; 21 members, including State superintendent; 
members named in act establishing school and board authorized to fill vacan- 
cies. School shall be for training white teachers, and tuition shall be free to 
those signing pledge to teach at least two years in public schools of the State. 
Annual State appropriation is made for maintenance. 

Trustees of Croatan Normal School named in chapter 400, Public Laws of 
1887, and their successors shall constitute a corporation for educational pur- 
poses ; trustees shall fill vacancies. Purpose of school, to train teachers for 
Indians of the Croatan race. Board shall control school, employ teachers, 
etc. Persons of the Croatan race not under 13 years old and those of same 
race not under 11 years old who stand examination in spelling, reading, writ- 
ing, primary geography, and the fundamental rules of arithmetic may be ad- 
mitted on obliging themselves to teach the Croatan race. Annual State appro- 
priation made for maintenance. 

The Cullowhee Normal and Industrial School for training young men and 
women to teach is established near Painter, Jackson County. Board of trus- 
tees shaU be a self -perpetuating body; one-third of members shall be elected 
by board each year. Annual State appropriation for maintenance. 

Board of directors of State Normal and Industrial College at Greensboro is 
constituted a body corporate. State board of education shall appoint board 
of directors consisting of 10 members; term, six years; State superintendent 
shall be ex officio a member and president. Board shall report biennially to 
governor. Course shall be such as to fit women for teaching and for commer- 
cial and industrial arts. Tuition free to those signifying intention to teach. 
Board shall make rules for government of institution and for admission of 
students; each county shall have representation in proportion to school popu- 
lation. Board of directors and faculty may grant certificates of proficiency. 

State board of education may establish normal schools for colored race at 
such places as it deems proper, either in connection with a colored school of 
high grade or otherwise. Persons trained in such schools shall be expected to 
teach in public schools of State for at least three years. State board of edu- 
cation shall appoint a board of six directors for each normal school thus 
established. State appropriations are made. 
North Dakota: The normal schools at Valley City, Mayville, and Minot shall 
be the normal schools of the State. The proceeds of the sale or rental of 
lands granted by the State to normal schools are pledged for the establish- 
ment and maintenance of such schools. State board of normal-school 
trustees shall consist of State superintendent, one resident member for each 
normal school, and three members from the State at large; all, except State 
superintendent, appointed by governor, with consent of the senate ; term, four 



480 STATE LAWS RELATING TO PUBLIC EDUCATION. 

years, one-half retiring every two years. Board shall elect a member at 
large president; a secretary, who may or may not be a member, shall be 
elected. Annual meeting in June and regular meetings monthly, except in 
July, August, and September; majority a quorum. Each member, except 
superintendent, shall receive $3 per day, and all shall receive expenses while 
on duty. Board shall have control of normal-school property and of the ex- 
penditure of normal-school funds. Board shall elect members of faculties 
and other employees and fix their compensation and duties ; shall make rules 
and visit each school at least once a year; shall determine the course of 
study, which shall be uniform for all the schools and shall not extend more 
than two years beyond the course lorescribed in a first-class high school. 
The president and faculty of each school shall have the immediate adminis- 
tration thereof. Presidents shall recommend persons for the various posi- 
tions in such schools; they shall report annually to the board. Board shall 
report biennially to the governor. Board shall issue diplomas to persons 
completing the courses; such diplomas shall entitle holders to teach in the 
public schools, as provided in the law relating to the certification of teachers. 
See also A (bl), State boards; A (b2). State officers; E (b), Teachers' 
certificates, general; O (a). Industrial education, general; P (b), Finance, 
lands, support of higher institutions. 

Ohio: There are hereby created and established two State normal schools, one 
in connection with Ohio University and one in connection with Miami Uni- 
versity ; such normal schools shall be under management of the respective 
boards of trustees of such universities. Trustees of any township in which is 
organized and maintained a normal school may annually levy a tax, not 
exceeding 2 mills on the dollar of taxable property of township, for purpose 
of aiding in support of such school ; question of such levy shall be determined 
by vote of people at election for purpose; upon petition of 40 per cent of 
qualified voters of township at any time after four years from date of elec- 
tion, another election may be held for such purpose. Two additional normal 
schools are created and established, one in northeastern Ohio and one in 
northwestern Ohio; board of trustees of each school shall be composed of 
five members, appointed one each year by the governor; term, five years; 
boards of trustees shall appoint corps of instructors and provide course of 
study. . Trustees shall receive no compensation, but shall be allowed ex- 
penses while officially engaged. 

See also A (f). Administrative units — districts, etc.; P (c), State universi- 
ties and colleges; Q (b), Agricultural colleges. 

Oklahoma: There shall be six State normal schools; purpose of said schools 
shall be the instruction of both male and female persons in art of teaching, 
common-school branches, theory and practice of teaching, and citizenship. 
Said schools shall be under control of State board of education; said board 
shall appoint all teachers and employees of schools, fix their salaries, pre- 
scribe their duties, prescribe textbooks and admission requirements. Tuition 
may be charged students unless they agree to teach in the common schools. 
State board shall annually appoint a board of three visitors, who shall ex- 
amine said schools at least once in each year, making reports to State super- 
intendent or auditor. All expenses of normal schools shall be paid out of 
the normal-school fund. No religious or sectarian tests shall be applied in 
selection of teachers, and none shall be adopted in the school. Lectures on 
chemistry, comparative anatomy, astronomy, the mechanical arts, agricul- 
tural chemistry, and on any other approved subject may be delivered to nor- 
mal students. Each year at close of regular session of normal schools an 



G(b). STATE NORMAL SCHOOLS. 481 

examination shall be held for first, second, and third grade certificates under 
direction of State board; county certificates, valid in county of residence, 
shall be granted to successful applicants; each applicant shall pay examina- 
tion fee of $2, to be paid into institute fund of county of his residence. 
Graduates of normal schools shall receive diplomas, which shall be life cer- 
tificates, valid anywhere in the State. Similar annual examinations shall be 
given at normal department of the colored agricultural and normal university. 
See also A (bl), State boards; L (j). Agriculture; P (c), State universi- 
ties and colleges; Q (b), Agricultural colleges. 

Oregon: The normal schools at Monmouth, Ashland, and Weston are declared 
State normal schools. Board of normal-school regents shall consist of nine 
members; State board of education shall be ex oflScio members, and six 
other persons shall be appointed by the governor with the consent of the 
senate ; term of appointive members six years, one retiring each year. Said 
board may purchase and hold property for the benefit of normal schools, but 
shall not convey real estate or borrow money without the consent of the 
legislature. Proceeds of the sale of any real or personal estate and all 
tuition fees collected shall constitute the " Normal school fund." A regular 
meeting shall be held annually, and a special meeting may be called by the 
governor or president; majority, a quorum. Powers of hoard: To make rules 
and regulations for normal schools; appoint a president, teachers, and other 
employees for each school, and fix compensation and duties ; remove any em- 
ployee at its discretion ; provide apparatus, supplies, etc. ; prepare a uniform 
course of study; prescribe rules of admission of students; require applicants 
for admission to file declaration of intention to teach in the common schools ; 
fix tuition fees; confer upon presidents of schools the right to suspend or 
expel pupils; confer diplomas upon persons recommended by faculty. A 
board of three visitors appointed by the governor shall annually visit and in- 
spect each normal school. 

See also G (d). Teachers' institutes and summer schools. 

Pennsylvania: There shall be 13 normal school districts, as now provided, 
and one State normal school in each district; said schools shall be part of 
the public-school system, and their purpose that of educating and training 
teachers. The affairs of each normal school shall be managed by a board of 
18 members, 9 elected by the stockholders of the normal schools and 9 
appointed by the State superintendent. The trustees, on part of stock- 
holders, shall be elected from their own number, three each year, to serve 
three years. Stockholders shall nominate to the State superintendent twice 
as many persons as are to be appointed on part of the State, from whom, 
if satisfactory to State superintendent. State superintendent shall appoint 
required number to serve for three years; if nominations shall be unsatis- 
factory to State superintendent he shall, with advice of governor, choose 
others. The board of trustees of each normal school shall have a president 
and a secretary, who shall be members, and a treasurer who shall not be a 
member of said board ; shall hold meetings every three months ; seven mem- 
bers a quorum; no member, except secretary, shall receive compensation for 
services, but members may receive $3 and actual expenses incurred in at- 
tending meetings. In case the real estate of any normal school, upon which 
the State may have liens, shall be exposed to sale by judicial process, the 
State board of education may bid in said property at an amount not to ex- 
ceed amount of liens, together with prior liens, if such exist; in case such 
real estate is struck down on bid of State board of education, returns of such 
action shall be made to the auditor general, who, upon approving the same, 
3966"— 15 31 



482 STATE LAWS RELATING TO PUBLIC EDUCATION. 

sliall give a certificate of the fact and amount payable out of appropriation 
for such purpose. Trustees may receive any gift or endowment not incon- 
sistent with the purposes of normal school. Trustees shall annually make 
report to the State superintendent. The normal schools shall be open to 
inspection by the State superintendent and to superintendents of public 
schools within normal-school districts. Trustees shall appoint all teachers, 
officers, and employees of normal schools; no religious test or qualification 
shall be required to entitle anyone to become connected in any capacity with 
a State normal school. Each such school shall have one or more model 
schools with no less than 100 pupils ; it shall be lawful for the trustees of any 
normal school and board of directors of any district to enter into an agree- 
ment by which pupils may be instructed in said model schools. Meetings of 
principals of State normal schools for the purpose of making courses of study 
and arranging other matters of common interest shall be called by State 
superintendent whenever deemed necessary by said superintendent, or upon 
request made by the principals of three such schools. The textbooks of each 
normal school shall be selected by the principal and teachers thereof. Cost of 
board and tuition in said schools shall be fixed by the trustees of the several 
normal schools, the same to be approved by the State superintendent ; tuition 
of students not less than 17 years old who shall agree to teach two years in 
the public schools and are pursuing regular courses in pedagogy shall be paid 
by the State. The State board of normal-school examiners at a State normal 
school shall consist of the following : State superintendent, two principals of 
normal schools, one of whom shall be principal of the normal school where 
students are to be examined, and a sufficient number of county, district, or 
assistant county and district superintendents; all such members shall be ap- 
pointed by the State superintendent. Every normal school shall have the right 
of eminent domain, but must give bond conditioned for payment of all dam- 
ages arising therefrom. All moneys received from any insurance policy 
upon buildings of any State normal school shall be held in trust by the State 
treasurer for the purpose of replacing such buildings. The State board of 
education may purchase the property of any normal school, provided no more 
shall be paid therefor than the amount originally paid for stock of such 
school ; for the purchase of such schools there shall be appropriated not less 
than $200,000 annually; properly executed deeds shall be given to the State 
for all such property purchased, and after such purchase said school or 
schools shall be owned and maintained as are other State institutions. Upon 
the conveyance of any State normal school property to the State, such school 
shall be managed by a board of nine trustees, who shall be residents of such 
normal-school district and who shall be appointed by the State board of 
education, three each year, each member to serve three years. 
Rhode Island: The State normal school shall be under control of State board 
of education and commissioner of public schools as board of trustees ; stu- 
dents shall be admitted upon examination and certificate from approved 
secondary schools and tuition shall be free to those who agree to teach for 
at least tu'-o years after leaving said school; any tuition fees received shall 
be paid to State treasurer. Graduates of said school shall receive diplomas. 
Board of trustees may pay traveling expenses of each student, residing in the 
State, not to exceed $25 for each quarter year, but aggregate of same shall not 
exceed $4,000 in any one year ; payments of such sum shall be made to stu- 
dents in proportion to distance traveled. Entrance requirements are based on 
the completion of a four-year high-school course. The State cooperates with 
Brown University in maintaining a graduate department in education. 
See also A (bl). State boards. 



G(b). STATE NOEMAL SCHOOLS. 483 

South Carolina: See A (bl), State boards; M (b), Kindergartens; Q (b). 
Agricultural colleges; Q (f), Other teclinical and professional schools. 

South Dakota: The normal school at Madison, the normal school at Spearfish, 
and the normal school at Springfield shall be under the control of the State 
board of regents. Objects: To give instruction in the art of teaching, the 
branches pertaining to a common-school education and the mechanical arts 
and agriculture. Any person may be admitted who passes the required exami- 
nation and signs a declaration of intention to teach, but persons may be ad- 
mitted without signing such declaration in the discretion of the board ; each 
county shall be entitled to send pupils in proportion to the number of repre- 
sentatives in the legislature. Board of regents shall make regulations govern- 
ing said schools and principals shall exercise immediate supervision over 
them. The Northern Normal and Industrial School at Aberdeen shall be under 
the control of the regents. Board of regents and department of public in- 
struction approve courses of study leading to various grades of certificates. 

Tennessee: Any municipality may issue $100,000 of bonds, or less amount, to 
bear interest at not over 5 per cent for purpose of purchasing site and erect- 
ing and equipping buildings for State normal school; any county may issue 
same amount of bonds at same interest for same purpose; such bonds shall 
run not longer than 25 years; said municipality or county shall levy a tax 
to pay interest on such bonds and to create a sinking fund to retire them at 
maturity. 

See also A (bl), State boards; A (b2), State officers; B (a), General State 
finance and support; Q (b), Agricultural colleges. 

Texas: With advice and consent of senate, governor shall appoint five persons 
of good education and high moral character who shall constitute a board of 
regents for the government of the State normal schools for white persons; 
term, two years. Such board, shall have general control of said normal 
schools; may provide buildings and equipment and employ principals, teach- 
ers, and other employees, and fix their salaries. Board shall visit each 
normal school at least once a year and shall determine what departments shall 
be established, but only as appropriated for by legislature. 

The West Texas State Normal College for training white teachers is es- 
tablished at Canyon, Tex. ; controlled by the State normal school board of 
regents. Board has power to make rules, admit pupils, prescribe courses of 
study, elect teachers, erect buildings, and is charged with the general man- 
agement and supervision of all State normal schools for white teachers. 

(Other normal schools are north Texas, at Denton; southwest Texas, at 
San Marcos; Sam Houston State Normal Institute, at Huntsville.) 

The Prairie View State Normal and Industrial College for training colored 
persons shall be under the control and supervision of the board of directors 
of the Agricultural and Mechanical College; said directors shall admit one 
student from each senatorial district and one from each representative dis- 
trict, but such students must be colored persons not less than 16 years old; 
board shall appoint principal, teachers, and other necessary officers; shall 
regulate the course of study; shall provide for board, lodging, and instruc- 
tion of students, but students shall pay one-third of cost of same; $6,000 
annually appropriated from interest on university fund. 

State board of education is authorized and instructed to require cotton 
classification in State normal schools, industrial schools, summer normal 
schools, teachers' institutes, and public schools. 

Utah: See G (d). Teachers' institutes and summer schools; P (c)^ State 
universities and colleges. 



484 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Vermont: Normal schools at Johnson and Castleton are continued until 1920. 
The State board of education shall have control and management of normal 
schools and of any State home or State domestic science school that may be 
established. Said board shall establish regulations, establish courses of study, 
fix entrance and graduation requirements, issue certificates to graduates, 
employ teachers, and make biennial report to legislature. Treasurer of said 
board shall receive and disburse moneys appropriated for said schools, by 
order of said board. Said board may establish practice departments for said 
schools, and make arrangements with local school boards relative to same. 
Tuition in said schools shall be free to students who agree to teach for two 
years in the State upon graduation ; said board shall fix fees of other students. 
Sum of $10,000 shall be appropriated annually for supi)ort of each school 
hereinbefore provided. 

See also E (b). Teachers' certificates, general. 

Virginia: A State normal school board is created. Composition: Twelve 
members (one from each congressional district and two from the State at 
large), appointed by the governor; term, four years, one-half being appointed 
every two years. State superintendent shall be ex oflBcio a member, and 
governor in his discretion may exercise right of membership ; said board shall 
be a body corjK^rate and shall succeed to all the property, property rights, 
powers and duties of the boards of trustees of the State normal schools for 
white women at Farmville, Fredericksburg, Harrisonburg, and Radford, re- 
spectively. Poicers and duties: To safeguard funds of such schools and dis- 
tribute State appropriations thereto ; employ oflficers and teachers and dismiss 
them for cause ; prevent unnecessary duplication and correlate work ; fix en- 
trance requirements and prescribe courses of study ; prepare all budgets to be 
presented to legislature. Board may grant certificates of graduation; may 
appoint the presidents of the several schools as an advisory committee. The 
several boards of trustees of the normal school aforesaid are abolished. Each 
county and city shall be entitled to one pupil in each of said schools and to 
one additional pupil for each representative in excess of one in the house of 
delegates, said pupils to be exempt from charge for tuition. 

The Virginia Normal and Industrial Institute (colored) shall embrace a 
normal department and such other departments as may be deemed expedient. 
It shall be under the control of a board of five members and the superin- 
tendent of public instruction; all members excei>t superintendent shall be 
appointed by governor with the consent of the senate ; term, four years, two 
or three, as the case requires, being appointed every two years. Said board 
shall appoint a president and professors and fix their duties and compensa- 
tion, prescribe the course of study, prescribe terms upon which students other 
than State students may be admitted, have, charge of property and funds of 
institute, and perform other lawful duties. There shall be admitted to insti- 
tute free of charge for tuition and use of dormitory a number of students 
equal to twice the number of members of the house of delegates, to be appor- 
tioned in the same manner, to be over 15 years old and to be selected by the 
superintendents of the respective counties and cities; said students shall be 
known as " State students " ; the legislature shall appropriate money for the 
support of such students ; gifts and bequests may be accepted. President and 
faculty shall each year conduct a summer normal school. 

See also A (b2), State officers; P (a). Higher institutions, generaL 

Washington: The State normal schools at Cheney, Bellingham, Ellensburg, 
and such other like schools as may hereafter be established, shall each be 
under control of a board of three trustees, appointed by governor, by and 



G(b). STATE NORMAL SCHOOLS. 485 

with advice and consent of senate; one appointed every two years to serve 
six years ; secretary of board may not be a member thereof. Said board may 
adopt rules and regulations and prescribe duties of its officers and employees ; 
majority of board shall constitute a quorum. Powers and duties of each 
J)oard of trustees: To elect principal, teachers, and other employees for a 
period not exceeding four years ; discharge teachers and employees for good 
cause; adopt textbooks and provide reference books; have care and manage- 
ment of all property of school; audit accounts against school, and certify 
bills to State auditor ; purchase supplies for school ; do other things necessary 
for welfare of school. Each board may establish and maintain dormitories 
in connection with school. Each board shall hold two stated meetings each 
year, and special meetings on call of chairman of board or majority of board. 
Principal of each school shall make annual rejwrt to board; shall, when re- 
quired by board, attend educational meetings ; shall be allowed traveling ex- 
penses. A model school or training department shall be provided for each 
normal school ; each student, before graduation, shall have at least 18 weeks 
of practice teaching; a manual training department shall be established in 
each school. Every diploma or certificate issued by a normal school shall be 
signed by president of board of trustees, by principal of said school, and by 
State superintendent, and shall show time same is valid as a certificate to 
teach. Tuition in said schools shall be free; any student may be dismissed 
for cause. State board shall prescribe courses for said schools as follows : (1) 
elementary course of two years; (2) secondary course of two years; (3) 
advanced courses of two and three years; (4) complete course of five years; 
(5) advanced course of one year for graduates of colleges and universities. 
There shall be granted upon completion of course (1) an elementary normal- 
school certificate, valid for two years of teaching in elementary schools ; upon 
completion of course (2) , a secondary normal-school certificate, valid for teach- 
ing three years in common schools ; upon completion of any advanced course, 
a normal school diploma, valid for teaching five years in common schools, life 
diploma to be granted to such person upon completing three years of success- 
ful teaching. Upon completion of work of junior years any student may be 
granted a secondary normal certificate by vote of the faculty, but such a 
student shall be at least 19 years old, shall have attended some normal school 
for one full year of 36 weeks, and shall have had not less than 18 weeks of 
practice teaching in training department. State board of education shall 
prescribe uniform requirements for admission to and graduation from normal 
schools. Board of trustees may provide textbooks and supplies ; each student 
may, upon admission, be required to pay $10 into library fund, one-half of 
same for benefit of library, and remainder as indemnity for loss or damage of 
books. No male under 16 years old and no female under 15 years old shall 
be admitted to any normal school. Principals of normal schools shall meet 
annually to consider matters of common interest. Each normal school board 
shall biennially, prior to meeting of legislature, make report to governor. No 
normal school trustee shall have any pecuniary interest in any contract of 
such school ; violation is punishable by fine not exceeding $500. 
See also A (bl). State boards. 
West Virginia : The financial affairs of the State normal school shall be under 
control of State board of control and educational affairs under direction of 
State board of regents. Regents shall fix number and compensation of teach- 
ers and appoint the same ; prescribe preliminary examination of students and 
conditions of admission; prescribe course of instruction and shall determine 
number of pupils to be received in normal department from each county or 



486 STATE LAWS RELATING TO PUBLIC EDUCATION. 

judicial circuit, conforming to ratio of population, and manner of selecting 
them. Pupils admitted to normal department shall receive tuition free. 
Students may be dismissed for cause. Graduates of normal department 
shall receive diplomas equivalent to first-grade certificates, valid for five years. 
Regents may, when conditions warrant, establish a pay department in said 
school for students who may or may not desire to become teachers ; may pre- 
scribe branches to be taught in such department. Said school shall continue ' 
to be called and known by name of Marshall College. Said board of control 
and board of regents shall have control and management of affairs of branches 
of the State normal school located at West Liberty, Glenville, Shepherdstown, 
Fairmont, and Athens. Principals of State normal school and its branches 
shall make monthly and annual reports to board of regents. State superin- 
tendent of free schools shall make arrangements for education and normal- 
school training of colored teachers in proportion to colored population of the 
State which nonpaying white students bear to white population of the State, 
and proportionate and equitable amount shall be paid for such instruction. 

See also A (bl). State boards; E (b). Teachers' certificates, general; O (a). 
Industrial education, general. 
Wisconsin: The State normal schools shall be under control of a board of 11 
regents, composed of State superintendent, ex officio, and 10 regents, two ap- 
pointed each year to serve five years; governor shall fill any vacancy for 
remainder of term ; board of regents shall be a body corporate. Regents shall 
not dispose of any normal-school property nor borrow money without authority 
of legislature; shall incur no liabilities in excess of income; shall pay pro- 
ceeds of any sale of property into treasury to become a part of income of 
normal-school fund. State treasurer shall be, ex officio, treasurer of the 
board. Said board shall meet annually, and may hold special meetings when 
called by governor or chairman of board on petition of three regents; ma- 
jority a quorum ; meetings and records of board shall be open to public, but 
executive sessions may be held, records of same to be open to public ; any re- 
gent may be removed from office for cause and upon notice by a vote of two- 
thirds of all the regents; no regent shall be employed in any connection as 
agent of any author, publisher, or dealer in schoolbooks or school supplies. 
Board of regents may establish other normal schools; shall biennially have 
accounts of normal schools audited by an audit company, which shall report 
findings to governor and legislature. The objects of each normal school shall 
be the instruction of persons, both male and female, in theory and art of 
teaching, in common-school branches, and in citizenship. Said board shall 
establish model schools in connection with normal schools. Powers of re- 
gents: To make rules, regulations, and by-laws; appoint and prescribe duties 
of principals, officers, teachers, and employees ; purchase equipment and sup- 
plies ; prescribe courses of study and books ; prescribe rules for admission of 
students ; require tuition fees of students who do not agree to follow business 
of teaching ; confer upon presidents the right to suspend or expel students for 
cause ; grant diplomas to graduates. Normal diploma, after holder has taught 
one year, shall have value of an unlimited State certificate; a limited State 
certificate may be awarded to holder of elementary course certificate of a nor- 
mal school upon completion of one year's teaching; any student, upon com- 
pletion of country-school course at a normal school, may receive certificate 
equivalent of county training-school certificate. A tax of one-sixth of one mill 
on the dollar of taxable property of the State shall be annually levied and 
added to normal-school fund income for use of current and administration 
expenditures and for increase and improvement of normal-school facilities, 



G (C). COUNTY AND LOCAL NOEMAL SCHOOLS. 487 

subject to direction of legislature. Plans of proposed buildings must be ap- 
proved by governor. Board of regents may extend normal-school course to 
include equivalent of first two years of a college course, but no further with- 
out consent of legislature. Normal-school fund income shall be applied under 
direction of board of regents, but moneys from said fund shall be available 
only as expressly appropriated therefrom by the legislature. President of 
board of regents shall make a biennial report to governor relative to affairs 
of normal schools. 

The State board of industrial education shall also constitute a body cor- 
porate under name of " Board of Trustees of the Stout Institute " ; State 
treasurer shall be ex oflScio treasurer of the board. Objects of said institu- 
tion shall be to instruct young persons in industrial arts and occupations and 
the theory and art of teaching such, to give instruction leading to knowledge 
of liberal arts, to develop appreciation of nobility and dignity of labor, and in 
general to promote diligence, economy, efficiency, honor, and good citizenship. 
Powers of hoard: To make rules and regulations; appoint, prescribe duties, 
and fix compensation of officers, teachers, assistants, and other employees; 
purchase supplies ; prescribe entrance requirements, courses of study, methods 
of instruction, and issue certificates or diplomas ; cooperate with other insti- 
tutions of like aims. 

See also E (b). Teachers' certificates, general; G (c), County and local nor- 
mal schools; G (d). Teachers' institutes and summer schools; P (c), State 
universities and colleges; T (b), Schools for the deaf. 
Wyoming: See E (b). Teachers' certificates, general. 



G (c) . County and Liocal Normal and Training Schools. 

Arkansas: See N (a). High schools. 

Connecticut: One school in each town having 20 teachers or less may be 
organized into a model school for observation and instruction of training 
classes conducted by the supervisor; State board of education may make 
application to comptroller for State aid to extent of $3 per week for each 
teacher in said model school, but no such State aid shall be granted unless 
such teacher shall receive at least $10 per week from the town. 

Georgia: See A (bl), State boards. 

Illinois: In each county adopting township organization the board of super- 
visors, and in other counties the county court, may establish a county normal 
school for training teachers and may appropriate money or levy taxes to sup- 
port said schools and provide buildings, but in counties not under township 
organization the question shall be submitted to a vote of the people and a 
majority of qualified electors voting shall determine whether said school shall 
be established. Such school shall be under the control of a county board of 
education of not less than five nor more than eight members, of which the 
county superintendent and the chairman of the board of supervisors or judge 
of the county court shall be ex officio members; other members shall be 
chosen by the supervisors or county court for terms of three years. Said 
board shall elect teachers and otherwise govern the school. Two or more 
counties may unite and establish such school. 

Iowa: Provision is made for normal instruction in such four-year high schools 
as the superintendent of public instruction may designate ; such schools shall 



488 STATE LAWS RELATING TO PUBLIC EDUCATION. 

be distributed witb a view to training teachers for rural schools. Private 
and denominational schools are eligible to the provisions of this act, except 
as to receiving State aid. Each high school approved under this act shall re- 
ceive State aid to the amount of $750, but no school shall receive such sum 
unless a class of 10 is maintained therein in the training department. The 
appropriation provided by this act may be used in part to pay for the in- 
spection of said normal courses ; State superintendent may appoint an inspec- 
tor of normal training at a salary of $2,000. In February, May, and July of 
each year an examination for graduation from the normal-training course 
shall be held ; fee for such examination, $1. A certificate of graduation shall 
entitle the holder to teach in the public schools for a period of two years ; at 
the expiration thereof State superintendent may renew the same for three 
years. A State appropriation of $125,000 is made annually for carrying out 
the provisions of this act. 

Kansas: State board of education shall make provision for normal training 
in such high schools as said board may designate ; State aid of $500 annually 
shall be allowed to each school designated, but if more than one high school 
shall be designated in a county, such county shall not receive exceeding 
$1,000; in order to receive State aid high school must have in its normal- 
training course at least 10 students. Normal training shall be as prescribed 
by the State board of education. Graduates of normal-training courses shall, 
on passing an examination prescribed by State board of education, be entitled 
to teachers' certificates valid for two years and renewable under regulations 
of State board; such examination shall be conducted by two competent per- 
sons appointed by said board. Accredited academies are eligible to the opera- 
tion of this act, except as to receiving State aid. No high school situated in 
a city having a State normal school shall receive State aid under this act. 
Such high schools as shall also maintain courses in agriculture and domestic 
science may receive $500 from the State annually, if approved by the State 
board of education. 

Kentucky: See A (f). Administrative units — districts, etc. 

Louisiana: See A (d). District boards and officers. 

Maine: See N (a), High schools. 

Maryland: See N (a), High schools. 

Massachusetts: See G (b), State normal schools. 

IMichigan: The State superintendent may grant to any county not having a 
State normal school within its borders permission to establish and maintain 
a county normal-training class for teachers, but not more than 10 such classes 
shall be established in the State in any one year. The State superintendent, 
the county commissioner of schools, and the superintendent of the district 
where training class is established shall constitute the county normal board. 
Duties of hoard: To determine qualifications for admission; establish a one- 
year course of study; grant certificates of graduation to such persons as 
finish the course of study. Such certificates shall entitle the holder to teach 
for three years in the county in any school employing not more than two 
teachers, and may be indorsed in another county ; such certificate may be 
renewed or revoked by the county normal board. For the purpose of main- 
taining such classes it is provided: (1) That district permitted to establish 
the same shall provide teachers and facilities approved by State superintend- 
ent; (2) that the State shall pay such district $500 for each teacher, but not 
exceeding $1,000 in all; (3) that the board of education of such district shall 
annually deduct State appropriation from cost of instruction of such class 



G (C). COUNTY AND LOCAL NORMAL SCHOOLS. 489 

and shall report tlie balance to the county clerk; (4) that the county board 
of supervisors shall pay one-half of such balance out of the general fund, but 
not to exceed one-half the amount paid by State. 
See also A (b2), State oflScers. 

Minnesota: See B (e), State aid for elementary education. 

Missouri: For training teachers for elementary and rural schools, provision 
is made for teacher-training courses in the eleventh and twelfth grades of 
such first-class high schools as the State superintendent may designate; pri- 
vate and denominational schools shall be eligible to the provisions of this 
act, except as to State aid. Each such approved high school shall receive 
State aid to amount of $750 annually after superintendent thereof has made 
a satisfactory report to State superintendent ; if more than one high school is 
approved in any county, said county shall not receiA-e more than $1,200; no 
State aid shall be granted unless a class of 10 is maintained. A part of the 
appropriation provided by this act may be used for inspection of such schools, 
and for such purpose State superintendent may appoint an inspector of 
teacher training; said superintendent shall prescribe the conditions of admis- 
sion, courses of instruction, etc. An examination for graduation from 
teacher-training courses shall be held under rules prescribed by State super- 
intendent ; applicant for certificate of graduation shall pay a fee of $3. Such 
certificate shall entitle holder to teach in any public elementary or rural 
school of the State for a period of two years ; after 32 weeks' experience and 
one term's successful work in a State normal school, State university, or 
standard college or university ,holder of such certificate shall receive a first- 
grade county certificate. 

Nebraska: The State superintendent shall designate the high schools in which 
such instruction shall be given, distributing them among the 67 representa- 
tive districts of the State as nearly as may be, having reference to the num- 
ber of representatives in each and to the location and character of the schools 
selected; State superintendent shall prescribe admission requirements, course 
of instruction, and rules and regulations. In approving such high schools. 
State superintendent shall be governed by the following: Such school must 
be one accredited to the University of Nebraska ; at least two teachers, ex- 
clusive of city superintendent, shall give entire time to high-school branches ; 
normal training shall be given in the eleventh and twelfth grades, and credit 
for such training shall be given upon completion of training course and high- 
school course ; course in normal training shall be elective, and shall consist of 
the three following lines of study: (a) A review for at least nine weeks in 
each reading, grammar, arithmetic, and geography to be given not earlier than 
eleventh grade; (b) study of American history for at least one semester in 
the eleventh or twelfth grades; (c) at least 22 periods of professional train- 
ing, to include a study of methods, school management, observation work, 
etc., to be given in the senior year by the city superintendent or by person 
appointed by him; shall have professional reference library; elementary 
agriculture shall be required ; the normal-training class shall contain at least 
10 students, and to be counted in such class each student shall attend not 
less than 18 weeks. The sum of $700 shall be biennially appropriated for 
each normal-training class. The State superintendent shall inspect normal- 
training classes, and expenses for same shall be paid. The secretary of the 
board of each school district supporting a normal-training class shall make 
an annual report to the State superintendent setting forth all required facts 
relating thereto. 

See also G (b). State normal schools; N (a), High schools. 



490 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Nevada: Upon notification by the countj^ board in counties having county 
high schools, or of trustees of school districts containing county seats of 
counties not having county high schools, that the said county board of edu- 
cation or board of trustees and board of county commissioners have decided 
by a majority vote of each of said boards, and that there are at least five 
bona fide applicants for a normal-training course in such school, the State 
board of education shall grant permission to establish such normal-training 
courses, but no such normal-training school shall be established in any 
county containing a State normal school; only one such school shall be 
established in any one county. State board shall constitute normal- training 
school board. Duties of normal-training school hoard: To determine ad- 
mission requirements, but applicants for admission not holding an accredited 
high-school diploma or teacher's certificate of at least primary grade shall 
be required to pass an entrance examination ; establish a course for minimum 
of 36 weeks; grant certificates to graduates of such course. Graduates of 
such course shall be entitled to a county normal second-grade certificate, 
good for three years. Any county establishing a county normal-training 
course shall provide rooms and equipment therefor, not to exceed $500 per 
year, and a competent normal-training teacher shall be employed at not less 
than $1,500 nor more than $1,800 per year. 

New Jersey: See F (b). Teachers' salaries. 

New York: Commissioner of education shall designate academies and union 
free schools for teacher-training classes; each such class shall contain not 
less than 10 nor more than 25 students, for at least 36 weeks; said com- 
missioner shall prescribe conditions of admission to such classes, course of 
instruction, and rules and regulations for same; instruction in said classes 
shall be free ; the district superintendent shall supervise such class or classes. 
School authorities of any city or school district having population of 5,000 
or more and employing a superintendent of schools may maintain classes for 
training teachers for not less than two years. 

See also B (a), General State finance and support. 

Ohio: See A (b2). State officers; A (f). Administrative units — districts, etc. 

Oregon: Teacher-training courses may bo established in four-year high 
schools. In such school at least one teacher, a graduate of a standard nor- 
mal school or equivalent, shall devote not less than four hours a day to 
instruction in such course ; at least two teachers shall give their entire time 
to instruction in subjects above grammar grades; training course shall be 
given in tenth to twelfth grades ; such course shall consist of at least a nine- 
weeks' review in reading, grammar, arithmetic, and geography, a study of 
American history, and at least 20 periods of professional training. Schools 
offering this course shall have a professional reference library of at least 
three volumes. Elementary agriculture shall be included in either the regu- 
lar course or training course. No training class shall be organized in any 
school with fewer than eight pupils, and every pupil shall continue under 
instruction not less than 32 weeks; class shall spend at least one hour a 
day for 16 weeks in observation and practice; State superintendent may 
prescribe other work, but not more than 3 units out of 16 shall be given in the 
training course. 

See also G (d). Teachers' institutes and summer schools. 

South Carolina: See A (f), Administrative units — districts, etc. 

Vermont: The school board of a town maintaining a high school of first class, 
or board of trustees of an academy of first class, may establish and maintain 



g(c). county and local normal schools. 491 

a teacher training course in connection with said school or academy; such 
course shall be under direction and approval of State board of education; 
said State board shall appoint teachers for such courses; no approval of 
such course shall be given unless at least two graded elementary schools are 
available for practice and observation; for purposes of this act an incorpo- 
rated district or a city shall be considered a town, and a State agricultural 
school or State domestic science school shall be an academy. A graduate of 
an approved high school or academy of the first class, or person of equivalent 
training, may be admitted to training course for a one-year course; tuition 
of nonresidents shall be paid by towns where students reside. A graduate 
from such course may receive from superintendent of education, on recom- 
mendation of union superintendent, a certificate to teach in public schools for 
four years, if such student was a senior in high school or academy at time of 
taking such course ; such person, if a graduate of high school or academy of 
first class, or of equivalent training, shall, upon completion of such course, 
receive such certificate^ valid so long as holder teaches continuously in same 
town ; such certificate may be renewed if holder has taught 50 weeks in public 
schools. Town maintaining such course shall, if contributing $200 toward 
salary of teacher of such course, and class in such course shall contain at 
least eight students, receive $800 from the State for such course; if class 
shall contain less than eight students, and town contributes said $200 and 
amount equal to as many times $100 as number in such class was less than 
eight, said town shall receive from the State an amount equal to $100 for 
each member of such class. A person who has completed two years of four- 
year course of high school or academy of first class, and has taught 50 weeks 
in public schools, may be admitted to a training course or to a one-year 
course in a normal school, and upon completion of same, on recommendation 
of teacher of course or principal of normal school, shall receive a certificate 
to teach in public school, valid for two years; or, if such person shall com- 
plete two-year course in normal school, he shall, on recommendation of prin- 
cipal, receive such certificate, valid for four years. A person who has not 
completed three years in an approved high school or academy, but who has 
received a first-grade or life certificate, may be admitted to training course, 
and upon completion thereof, with approval of union superintendent, may 
receive license to teach four years in public schools of the State. 

Virginia: See A (f). Administrative units — districts, etc.; N (a), High 
schools. 

Wisconsin: County board of any county not containing a normal school may 
organize, equip, and maintain a county training school for teachers of com- 
mon schools. Board of control for each such school shall consist of the county 
superintendent and two persons appointed by county board ; appointive mem- 
bers shall take oath of oflSce and file bond. State superintendent shall assist 
in organization and maintenance of such schools; shall prescribe course of 
study ; shall supervise and inspect the same ; such schools, not to exceed 30 in 
number, upon approval by State superintendent, may be placed upon ap- 
proved list; secretary of each county training-school board shall annually 
make report to State superintendent; such school shall, if conducted for not 
less than 10 months in the year, receive from State an amount equal to that 
paid for salaries of teachers, such amount not to exceed $3,000 per year for 
two-teacher school, and $3,500 for school with three or more teachers. Per- 
sons completing course in such school shall receive certificates signed by 
principal of school and members of training-school board; such certificates 
shall be valid for three years in county where issued, but holder shall not. 



492 STATE LAWS RELATING TO PUBLIC EDUCATION. 

unless having had one year's experience in teaching, act as principal of a 
second-class graded school, nor shall be eligible to teach in any position for 
which State certificate shall be required by law, and without such one year's 
experience such certificate shall be valid for one year only until holder has 
taught such one year ; a holder of such certificate who has completed a four- 
year high-school course and has taught for one year, shall be entitled to teach 
five years under such certificate in any department of any State graded 
school, except in principalship of first-class State graded school ; any school 
superintendent or other oflBcer authorized to grant certificates may accept 
standings of applicants made in such school in lieu of examination. No 
member of a county training-school board shall during term of office teach in 
such school ; teachers in such schools must hold some form of State license 
or certificate; principals of such schools must have qualifications required of 
principals of four-year high schools (unlimited State certificate). County 
boards of two or more adjoining counties may unite to establish and maintain 
county training schools; may borrow not to exceed $12,000 from State trust 
funds, payable in 10 years, at rate not to exceed 3i per cent, for purpose of 
procuring site and constructing building for such school ; tax levy shall be 
made for establishing and maintaining such joint training school; joint 
county training-school board shall elect one of its members treasurer, who 
shall file bond in sum of not less than $15,000. Board of any county training 
school may charge tuition fee for any nonresident student, not to exceed 75 
cents per week; county board of supervisors of county where such student 
resides shall levy tax to pay such tuition fee. 

See also A (b2). State officers; E (b). Teachers' certificates, general; 
N (a), High schools. 



G (d). Teachers' Institutes and Summer Schools. 

Alabama: Five thousand dollars appropriated for institutes for white teachers 
and $1,500 for colored teachers ; institutes for white teachers during one week 
in July, August, September, or October at time and place fixed by county 
board of education ; county boards of two or more counties may provide joint 
institute; State superintendent shall determine times and places of holding 
colored institutes; appropriation apportioned to counties in proportion to 
number of teachers; teachers shall attend institutes, but county superintend- 
ent may excuse ; State superintendent may revoke certificate of teacher failing 
to attend without excuse ; holders of life certificates and those having attended 
an educational institution three weeks or more need not attend ; county super- 
intendent shall keep record of attendance' and report to State superintendent ; 
teachers shall receive no compensation for attendance; teachers shall pay a 
fee of 50 cents to $1, which shall supplement State appropriation; State 
superintendent shall furnish list of expert conductors of institutes, and county 
board shall select from this list ; State superintendent shall employ conductors 
of colored institutes. 

Trustees of university may establish a summer school for teachers; $5,000 
annually appropriated for this purpose ; no matriculation fee and no incidental 
fee exceeding $3 shall be charged Alabama teachers ; State board of examiners 
shall hold examination of teachers at close of summer school. 
See also A (b2). State officers; G (b), State normal schools. 

Arizona : Each county superintendent shall hold not more than one institute in 
his county each year ; every teacher shall be required to attend unless excused 
by such superintendent; superintendents of two or more counties may unite 



G (d). teachers' institutes and summer schools. 493 

and hold an institute at a time and place to be fixed by said superintendents ; 
institutes shall continue not less than three days; teachers attending shall 
receive pay as if teaching; county superintendent may expend not exceeding 
$500 for holding institute ; if balance remains it may be applied to payment of 
teachers' traveling expenses. 

See also A (c2), County officers. 

Arkansas: County examiner shall annually in June hold a teachers' institute 
for white teachers and one for colored teachers of his county; if there are 
fewer than eight teachers of either race in the county, the examiner may 
arrange institute as seems best. State superintendent shall outline work of 
said institutes. Holders of teachers' certificates shall attend such institute 
unless excused by condutcor. County examiner shall indorse license of teacher 
attending the institute and such indorsement shall have the effect of renewing 
said license, but a second-grade license shall not be renewed more than twice 
nor a third grade more than once. Teacher attending a summer school may 
have certificate renewed in like manner. State license or professional license 
shall become void if not indorsed each year for five consecutive years. State 
superintendent may revoke the license of a county examiner not complying 
with the law. 

See also A (c2), County officers; A (d), District boards and officers. 

California: Superintendent of county having 20 or more districts and of 
every city and county and city district having 70 or more teachers, shall hold 
at least one teachers' institute in a year; every public-school teacher shall 
attend and shall receive regular salary; joint institutes may be held, in 
which case expense shall be borne proportionally by counties or districts 
uniting ; county superintendent failing to- hold institute shall forfeit the last 
month's salary ; in lieu of annual institute, three or more local day or evening 
institutes may be held ; or superintendent may combine annual institute plan 
with local institute plan; in county having fewer than 20 districts superin- 
tendent may hold institute, but county board may direct him to hold one. 
Institute shall continue not less than three nor more than five days. Super- 
intendents shall keep account of expenses, which shall be paid out of school 
fund; expenses limited by law. Every applicant for a teacher's certificate, 
except temporary, shall pay a fee of $2; one-half of moneys thus received 
shall be credited by county treasurer to teachers' institute fund and one-half 
to teachers' library fund ; institute fund may be expended for instructors, 
library fund, for a teachers' library ; county superintendent may be librarian, 
but where there is a county library such library may administer teachers' 
library. Superintendent in county of 20 or more districts may hold district 
trustees' meeting once a year. 
See also A (c2). County officers. 

Colorado: The State is divided into 13 institute districts, certain counties 
being designated as belonging to each; a normal institute may be held 
annually in each such district for a term or not less than two weeks ; county 
superintendents of each district shall designate three of their number as 
an executive committee, who, with the advice of the State superintendent 
and the president of the State normal school, shall designate the time and 
place of holding the institute. Each person attending shall pay a fee of 
$1 ; county commissioners shall appropriate $2 for each person attending from 
their respective counties ; executive committee shall designate some county 
treasurer as custodian of the institute fund, which shall be paid out only 
on the order of said committee. No person may be employed as a conductor 



494 STATE LAWS EELATING TO PUBLIC EDUCATION. 

or instructor who does not hold a certificate granted by State board of 
education. 

Every applicant for a teacher's certificate shall pay a fee of $1, which 
shall be forwarded to State superintendent and deposited in the treasury as 
teachers' institute, to continue in session one week in such month, as said 
the normal institute districts of the State. 
See also A (c2), County officers. 

Connecticut: See A (bl), State boards. 

Delaware: See A (c2), County officers. 

Florida: There are established three summer schools for teachers, one at the 
University of Florida, one at the State College for Women, and one at the 
Agricultural and Mechanical College for Negroes; said schools shall be 
under the control of the State board of education; session of not less than 
eight weeks ; credit toward a degree shall be allowed for work completed, and 
teachers whose work entitles them to credit shall be entitled to have their 
certificates extended one year. State superintendent, president of university, 
and president of State College for Women shall constitute a board for the 
selection of instructors. 

See also A (b2), State officers; P (a). Higher institutions, general. 

Georgia: State superintendent of schools shall organize in each county a 
teachers' institute, to continue in session one week in such month, as said 
superintendent may designate; said superintendent may combine two or 
more counties for institute purposes; he shall prepare a program and regu- 
lations and require county superintendent to assist; teachers shall attend, 
or for nonattendance fines may be collected by county superintendent and 
county board of education ; fines collected shall be used in purchasing county 
teachers' libraries; separate institutes shall be held for white and colored 
teachers; not exceeding $25 may be paid from county school fund for 
employing an instructor to be appointed by county superintendent and 
county board. There may be appointed by Stvite superintendent three school 
supervisors, one of whose duties shall be to conduct teachers' institutes. 

See also A (bl). State boards; A (b2), State officers; A (c2), County 
officers; P (c). State universities and colleges. 

Idaho: County superintendent must hold annually a teachers' institute to 
continue 5 to 15 days ; two or more counties may unite ; teachers and holders 
of certificates shall attend at least five days and, if teaching, shall be given 
same pay. County superintendent shall secure conductors, building, janitor 
service, etc., expenses not to exceed $150, exclusive of fees from applicants 
for certificates ; in joint institutes expenses shall be borne equally by counties 
uniting. 

See also A (bl). State boards; A (c2), County officers; A (d), District 
boards and officers. 

Illinois: The county superintendent shall hold an annual teachers' institute 
of not fewer than five days; with approval of State superintendent he may 
employ assistants; two or more adjoining counties may unite in holding 
an institute; persons desiring to attend and not holding a certificate, or not 
having paid an examination fee, shall pay a registration fee of $1. Such 
examination and registration fees shall constitute an instituet fund. School 
district shall pay salary of teacher for five days' attendance at an institute. 
See also A (c2), County officers. 

Indiana: At least one Saturday in each month shall be devoted to a township 
and city institute and all teachers of the township and city shall attend, un- 



G (d). teachers' institutes and summer schools. 495 

less excused for good cause, and shall receive one day's salary therefor. 
There shall be held annually a county teachers' institute of five days ; county 
auditor shall draw warrant for $100 in favor of county superintendent to 
pay expenses thereof ; schools shall be closed during the session of said in- 
stitute and county superintendent shall hold the same. 
See also F (b), Teachers' salaries. 

Iowa: See A (b2), State officers; A (c2), County officers; E (b), Teachers' 
certificates, general. 

Kansas: County superintendents shall hold annually in their respective 
counties for a term of not less than four weeks a normal institute for the 
instruction of those desiring to teach. County superintendent, with approval 
of State superintendent, shall fix time and place of holding institute and shall 
select conductor and instructors, but no person shall be paid from institute 
fund as conductor or instructor unless such person shall hold a special cer- 
tificate from the State board of examiners. To defray expenses county super- 
intendent shall require a fee of $1 from each applicant for a teacher's cer- 
tificate and a fee of $1 from each person attending, and in addition county 
commissioners shall appropriate not to exceed $100 in amount ; when 25 or 
more persons shall have registered in said institute and such fact shall have 
been certified by State superintendent, State aid to amount of $50 shall be 
allowed county maintaining such institute. Two or more counties having 
less than 12,000 inhabitants each may unite in holding a joint institute. 
. See also A (c2), County officers; E (b), Teachers' certificates, general. 

Kentucky: County superintendent shall organize and hold annually a teachers' 
institute for normal instruction; institute shall last 5 to 10 days, between 
July and November. State superintendent and the two professional members 
of State board of examiners shall prepare program and syllabus for institute ; 
county superintendent who fails in his duty liable to fine; he may employ 
institute conductor ; State superintendent may call all professional institute 
conductors into an institute convention at State capitol annually to discuss 
plans ; every teacher of a common school, and teachers of the graded common 
schools in cities of fifth and sixth classes shall attend full session of institute ; 
certificates of teachers failing to attend shall be revoked ; during session of 
institute schools shall be suspended, but salaries shall not be reduced; ad- 
joining counties up to four may unite in a joint institute; county superin- 
tendent may collect fees of $1 to $2 at institute ; these shall pay all expenses 
of institute after paying 25 cents out of each fee to county library fund. 
County superintendent may select place for institute and at each session every 
subject in the common-school course shall be considered, as also shall every 
feature of school organization and management; school laws shall be read 
and expounded ; there shall be a county teachers' association ; it shall meet 
during the institute and discuss interests of education ; it shall be a perman- 
ent organization; shall hold at least one meeting in each magisterial district 
which must be attended by the teachers in that district. County superintend- 
ent shall include the institute in his annual report to State superintendent. 
See also S (b). Public school libraries. 

Louisiana: Summer normal schools shall be established and maintained by 
State institute fund; other institutes may be held when ordered by State 
board, or under special laws. Teachers must attend institutes or forfeit two 
days' salary ; no reduction shall be made in teachers' salaries on account of 
such attendance. State board of education shall act as board of State institute 
managers; shall appoint State institute conductor. Teachers shall receive 
certificates of attendance; parish boards shall give preference to holders of 



496 STATE LAWS EELATING TO PUBLIC EDUCATION. 

sach certificates when selecting teachers. Institute conductors shall make re- 
port to State superintendent. Each parish superintendent shall conduct a 
teachers' institute one day in each month; teachers must attend such in- 
stitute or forfeit one day's salary; teachers shall receive $2 per day and 3 
cents mileage both ways when attending parish institutes. State institute 
director shall formulate programs for teachers' institutes, and State board 
shall formulate State reading course. Parish superintendent shall make in- 
stitute reports to State institute conductor ; shall appoint teacher in each in- 
stitute district as institute manager, to receive $3 per day during institutes. 
Provisions of this act shall not be compulsory in parish of Orleans. Teachers 
may be dismissed for good cause by parish board upon recommendation of 
parish superintendent. 

Maine: When 30 or more teachers in a county form an association approved 
by State superintendent and hold conventions at least once a year. State shall 
defray necessary expenses, for which purpose $1,000 is appropriated; ex- 
penses of not more than two associations in a county shall be defrayed. 
Teachers may suspend schools for not exceeding two days to attend such 
conventions and for same time to attend State teachers' convention; no bills 
shall be paid by State except for advertising and for services and expenses of 
lecturers and speakers residing outside the county. 
See also A (b2), State officers. 

Maryland; Teachers' institute, to continue not less than five days, shall be 
held in each county annually; State or county superintendent shall preside; 
two or more counties may hold joint institute; board of county school com- 
missioners may send one-fourth teachers to attend an approved summer 
school and pay them $25 each on expenses, in which event no institute need 
be held; county superintendent shall designate the teachers to attend; State 
superintendent shall fix date of institute and county superintendent shall 
notify teachers, and each teacher in actual employment is required to attend ; 
State superintendent shall attend them when possible, and also instructors 
from State normal school ; State and county boards shall encourage work of 
State teachers' reading circle. 

A commission known as the Ocean City School Building Commission is 
created; county commissioners of Worcester County directed to apportion 
and levy the sum of $2,000 for use of the commission; $25,000 appropriated 
out of State treasury to be used by them in erection and equipment of a 
public-school building in Ocean City on land to be furnished by city authori- 
ties; they are given power to buy or condemn land and levy sufficient sum 
to pay for same. When deed has been made out to the State for the land, 
commission shall erect and equip school building. From September 1 to 
June 1 this building shall be used for a public school for Ocean City and be 
under county school board; from June 1 to September 1 it shall be under 
State board and used for summer schools, institutes, associations, and other 
assemblages of public-school teachers or other educational purposes. 
See also A (b2). State officers. 

Massachusetts: If 25 teachers of public schools of at least three contiguous 
towns desire to form a teachers' institute, the State board of education shall 
appoint a time and place for such meeting and make arrangements therefor ; 
$3,000 may annually be paid to defray expenses and to procure teachers and 
lecturers for such institutes ; said board may determine length of session of 
such institute and may apply not more than $350 of appropriation to meet 
expenses thereof. If a county association of teachers and others hold an 
annual meeting of not less than one day, it shall, upon filing certificate to that 



G (d). teachers' institutes and summer schools. 497 

effect, receive $50 from the State. Subject to approval of State board, $300 
shall annually be paid to the Massachusetts Teachers' Association. 
See also A (bl), State boards. 

]Michigan : All boards or officers empowered to examine applicants for teachers' 
certificates shall collect a fee of $1 from each male applicant and 50 cents 
from each female; school boards shall collect fees from teachers not having 
paid the same ; said fees shall be paid over quarterly to the county treasurer, 
and notice thereof shall be sent to the State superintendent; said fees shall 
constitute an institute fund. State superintendent shall appoint a time and 
place for a teachers' institute in any organized county, but in any county 
having fewer than 1,000 children of school age holding institute shall be 
optional with said superintendent; a joint institute may be held in two or 
more adjoining counties. Said superintendent may appoint a conductor of 
institutes. Teachers attending shall not forfeit their wages. County treas- 
urer shall pay over to said superintendent or duly authorized conductor the 
amount ordered to pay instructors and lecturers, but not exceeding amount 
of fund on hand. In case county fund is insufficient to pay for institute, State 
shall supplement such fund to extent recommended by superintendent, but 
not exceeding $100 for each institute. Said superintendent may hold annually 
a State institute at an expense to State of not exceeding $400. All State 
expenditure for institutes shall not exceed $3,000 annually. 

Any 15 or more teachers or other persons organized into an association for 
the promotion of education or science may form themselves into a corporation 
by giving a month's notice in a neswpaper published in Lansing or in the 
county where such association is organized and filing in the office of secretary 
of state a copy of their constitution and by-laws. 
See also A (b2), State officers. 

Minnesota: See A (c2), County officers; E (b), Teachers' certificates, general; 
G (b), State normal schools. 

Mississippi: In every county having more than 15 school districts for either 
race, there shall be held annually for each race a separate teachers' institute 
of not less than five days, under direction of State board of education, which 
is authorized to name list of conductors ; from this list State board of exam- 
iners shall select a conductor ; board of education shall prepare outlines of 
work, regulations, etc. ; institute shall be paid for out of fees collected for 
examining teachers and issuing license; if this fund is not sufficient, board 
may draw on common-school fund up to $40; if there is a surplus of the 
institute fund, 20 per cent may be expended for works on teaching, 

Missouri: See A (c2), County officers; E (b). Teachers' certificates, general. 

Montana: County superintendent shall hold one teachers' institute each year; 
two or more counties may hold joint institute ; length of session, 4 to 10 days ; 
instructors in institutes and summer schools shall be selected by county 
superintendent from list furnished by State board of education; such in- 
structors must hold institute instructor's license issued by State board. School 
boards shall close schools and all public-school teachers shall attend insti- 
tute, but county superintendent may excuse nonattendance when such would 
occasion excessive inconvenience, expense, and loss of time; all high-school 
teachers are exempt. Institute and summer-school fund: (1) Fees received 
from issuance of teachers' certificates; (2) appropriations required to be 
made by county commissioners. In any county or counties superintend- 
ents, with approval of State superintendent, may hold summer school in lieu 
of institute, such school to continue not less than 3 weeks; State super- 
3966°— 15 32 



498 STATE LAWS RELATING TO PUBLIC EDUCATION. 

intendent shall prepare course of study; students attending may have work 
done credited on their certificates. County superintendent shall keep account 
of expenses and present bill to commissioners. 

See also A (bl), State boards; A (b2), State officers; A (c2), County 
officers. 

Nebraska: To be accounted a qualified teacher, a person shall have a teacher's 
certificate legal in Nebraska. Every teacher shall make monthly reports and 
a term summary to the district director. Any graduate of the University of 
Nebraska or equivalent institution of the State who has completed the course 
prescribed for the special training and instruction of teachers therein shall 
be accredited as a qualified teacher with certificate of graduation ranked as 
first-grade State certificate, valid for three years; such certificate may be 
made valid for life upon the completion of three years of successful teaching. 
When any college, university, or normal school in this State shall have a 
course equal and similar to elementary course of the State normal schools 
the graduates thereof may be awarded a second-grade certificate, and to 
graduates of such institutions having a course equal and similar to the higher 
course in the State normal schools first-grade State certificates may be 
awarded for period of three years, after which they may be made valid for 
life. The State superintendent shall decide what institutions shall be en- 
titled to the foregoing privileges, and such institutions shall, to be so favored, 
be incorporated under the laws of Nebraska ; have at least $50,000 Invested 
or available for use in the school; employ at least five teachers for full-time 
instruction In normal branches ; have entrance and completion requirements 
similar to those in the State normal schools. Pupils in all public schools shall 
be instructed in physiology and hygiene, with special reference to effects of 
alcohol and narcotics; no certificate shall be granted to any person who has 
not passed an examination in such subject. County teachers' institutes shall 
be held annually ; two or more counties, with approval of State superintendent, 
may jointly hold such institutes; it shall be duty of all county superintend- 
ents and teachers to attend institutes for at least one week; the institute 
fund shall be used for defraying expenses of institutes ; institute fund shall 
be composed of teachers' examination and registration fees ; common schools 
shall be closed during institutes; county superintendent may revoke certifi- 
cates of teachers who fail to attend institutes for other than just causes; 
experienced teachers may be excused from attending upon institutes when 
application is made before opening of institute and satisfactory reasons are 
given. 

See also A (b2), State officers; E (b), Teachers' certificates, general; G (b), 
State normal schools. 

Nevada: See A (b2), State officers. 

New Hampshire: See A (b2). State officers; G (b). State normal schools. 

New Jersey: Summer schools for training teachers in the art of teaching 
elementary agriculture, manual training, household economics, and such other 
subjects as State board of examiners may prescribe shall be established and 
maintained at such places as said board may designate and as shall be ap- 
proved by State board of education; courses of study for said schools shall 
be prepared by State board of examiners and the assistant commissioners of 
education and approved by State board of education; rules and regulations 
for said schools shall be prepared by said board of examiners, subject to 
approval by State board of education ; amount annually appropriated for 
maintenance of said schools shall be deducted from State school moneys prior 
to apportionment of said moneys among the several counties. 



G (d). teachers' institutes and summer schools. 499 

Commissioner of education sliall procure instructors and lecturers for 
teachers' institutes ; an amount not exceeding $4,000 shall be annually appro- 
priated for institute expenses ; said commissioner shall annually make report 
to State board of education relative to institutes. 

See also A (bl), State boards. 

New Mexico: The county superintendents shall annually hold in their re- 
spective counties, for a term of not less than two weeks, a teachers' institute. 
County superintendents, with advice and consent of State superintendent, 
shall determine time and place of holding such institutes, select conductors 
and instructors for the same, and provide for the compensation thereof; no 
person shall serve as conductor or instructor who does not hold an institute 
certificate from the State board of education. It shall be compulsory for all 
persons who expect to teach in the public schools to attend at least two weeks 
of the county institute each year or to show certificate of attendance upon 
some county institute or summer school approved by the State superin- 
tendent. Teachers may be excused from attendance upon institutes, for good 
cause, by the State superintendent ; State board may excuse eminently quali- 
fied teachers from attendance upon institutes ; cities which engage a superin- 
tendent who gives at least half his time to direct supervision shall not be 
required to hold institutes. State board of education may prescribe a course 
of study for county institutes. State superintendent may authorize joint 
county institutes. For expenses of county institutes county treasurers of class 
A shall set aside annually from the general school funds of their respective 
counties not less than $100 ; in class B counties, not less than $75 ; in classes 
C, D, and E, not less than $50; counties maintaining an institute of four 
weeks shall receive $50 in addition to aforesaid appropriations. Teachers 
shall pay an institute fee of not less than $1 nor more than $3, the same to be 
determined by county superintendent with advice of State superintendent; 
such fees shall constitute the " County teachers' institute fund," and shall be 
expended for institute purposes upon the order of the county superintendent 
countersigned by the State superintendent; expenses incidental to conduct- 
ing examinations by the State board may be paid fi-om said fund. State 
board may waive the holding of institutes in counties holding authorized 
summer schools and in counties adjacent to such counties. Boards of edu- 
cation in districts consisting of incorporated cities may employ a city or dis- 
trict superintendent, who, in conjunction with board of education, may hold 
special teachers' institutes. 

See also A (bl), State boards; A (b2). State officers; E (b). Teachers' cer- 
tificates, general. 

New York: See A (d), Ditrict boards and officers. 

North Carolina: County board of education shall biennially appropriate not 
less than $200 nor more than $250 for a biennial teachers' institute; con- 
ductor or conductors appointed by State superintendent; public-school teach- 
ers, including high-school teachers, required to attend institute or accredited 
summer school for not less than two weeks; failure to attend may debar 
teacher from teaching; State superintendent shall prescribe rules for insti- 
tutes. County having total school fund of less than $8,000 may unite with 
adjoining county for holding institute. 
See also A (c2), County officers. 

North Dakota: All moneys received by the county superintendent from 
teachers' examination fees paid into the institute fund and all moneys paid 
into this fund from county general revenue shall be used by said superiu- 



500 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tendent for supporting teachers' institutes or training schools, district teach- 
ers' meetings, and annual school officers' meetings. A State appropriation of 
$100 is made annually to each county. State superintendent in consultation 
with county superintendent shall fix time and place of holding institute or 
training school and shall appoint conductor, lecturers, and instructors. 

See also A (b2). State officers; A, (c2). County officers; P (c), State uni- 
versities and colleges. 

Ohio: A teachers' institute may be organized in any county upon the written 
declaration of 30 teachers of the common schools that they will attend. Due 
notice of time and place for holding such institute shall be given; expenses 
of such institute shall be paid out of county board of education fund. County 
superintendent shall make report to State superintendent relative to insti- 
tutes. County teachers' institutes shall be under supervision of the county 
boards of education. Each village and rural board of education in counties 
in which no institute has been held in any year shall pay $10 to each teacher 
employed by such board who has attended an approved summer training 
school for at least six weeks. Superintendent and teachers may dismiss 
their schools to attend institutes. Institutes shall continue in session no 
longer than five days ; institute for at least one such day shall be under direc- 
tion of county superintendent. Teachers shall receive full pay during time 
spent at institutes; if a teacher so attending is unemployed, or institute is 
not held during school term, each teacher shall receive $2 per day for each 
day spent at such institute. City boards of education may provide for hold- 
ing institutes for teachers; expenses of such institutes shall be paid out of 
city institute fund, and any such board may annually expend for instruction 
of its teachers at such institute a sum not exceeding $500, to be paid from 
contingent fund. All institute funds not used by any district shall be paid 
into county board of education fund, in which event teachers of district may 
attend the county institute. All institutes shall continue for at least four 
days. Reports of all institutes shall be sent to State superintendent. 

See also A (b2), State officers; A (f), Administrative units — districts, etc.; 
L (j). Agriculture. 

Oklahoma: County superintendents may hold annually for not less than two 
weeks nor more than four weeks in their respective counties a normal insti- 
tute ; two or more counties may unite for such purpose ; said superintendents 
may substitute training courses for normal institutes, to be of same length as 
normal institutes. Teachers' training course shall include: School law and 
government, hygiene and sanitation, methods of teaching, child psychology, 
primary methods; expenses of training course shall be paid from teachers' 
certificate-fee fund, and supplemented by annual appropriation from county 
commissioners in amount not to exceed $200; aforesaid course shall be con- 
ducted just prior to opening of schools, and all teachers shall attend the 
same unless prevented by sickness or other unavoidable disability; State 
superintendent shall prepare rules and regulations governing training courses. 
State superintendent may assign any teacher, instructor, or professor em- 
ployed in any State educational insitution and receiving salary of at least 
$1,100 per year to assist in any normal institute or teachers' training course ; 
said teacher, instructor, or professor shall receive no additional pay for such 
service, but shall be allowed transportation by State, and may be allowed 
hotel expenses not to exceed $10 per week by county. County superintendents 
shall set times and places for institutes, and employ conductors and in- 
structors, subject to approval of State superintendent. Each person enrolled 
in an institute shall pay uniform institute fee of not less than $1 nor more 



G (d). TEACHEES' INSTITUTES AND SUMMER SCHOOLS. 501 

than $3, to go into institute fund ; teachers' certificate fee shall be $2. County- 
superintendent shall transmit all certificate and institute fees to county- 
treasurer; normal institute fund shall be disbursed only on order of county 
superintendent. To receive pay for work in institutes conductors and in- 
structors shall hold institute certificates; no county superintendent shall 
employ or pay moneys from institute fund to any conductor or instructor 
who draws a salary from the State or Federal Government ; county superin- 
tendents shall not be conductors or instructors in institutes in which their 
counties are interested unless they possess requirements hereinbefore stated, 
and in no case shall they receive pay for such service in their own counties. 
Two or more counties may unite in holding a normal institute each year. 
Separate normals shall be held for negro teachers ; faculties shall be equal 
for both races, and all institute funds properly prorated. County superin- 
tendents shall make complete annual reports to State superintendent relative 
to institutes. Conductors of institutes shall report work of institutes to 
county superintendents and to State superintendent. Any conductor who fails 
to make report as required shall be subject to the revocation of his normal- 
institute certificate. Any county superintendent who shall violate any pro- 
vision of this act shall be guilty of a misdemeanor, and for a second offense 
may be removed from office. 

See also A (c2). County officers. 
Oregon: The county superintendent shall hold annually a teachers' county 
institute for at least three days; teachers shall be required to attend and 
shall be entitled to wages as teachers during such attendance ; State superin- 
tendent shall cooperate with county superintendent. County superintendent 
shall hold annually at least three local institutes or educational meetings in 
various parts of the county. Claims for defraying expenses of institutes shall 
be paid from general county fund; $2 for each schoolroom, but not less 
than $150 nor more than $400 in any one year. Two or more counties may 
unite and hold a joint institute. 

The teachers of any county may by a majority vote of their number decide 
to substitute for the annual institute a training school of at least three 
weeks' duration to be held in June, July, or August; county superintendent 
shall secure necessary instructors and shall be assisted by State superin- 
tendent ; expenses of maintaining such schools shall be borne from a fee of $1 
from each teacher enrolled and from the county-institute fund, and if such 
funds are insufficient, county court shall make up deficit, but expense of such 
school shall not exceed double the amount allowed for institute. All teachers 
having less than 27 months' experience, eight in the State, shall be required to 
attend such school, unless they are graduates of an accredited normal school 
or have completed the training course in an accredited high school or other 
accredited institution; personal illness or illness in family shall be a valid 
excuse for nonattendance ; teachers required to attend shall attend for three 
seasons, but work shall advance each season. 

See also A (b2), State officers; A (c2), County officers. 

Pennsylvania: Each county superintendent shall annually call teachers of 
public schools together in a teachers' institute; said superintendent shall 
invite teachers of other educational institutions to participate in such 
institute; purpose of such institute shall be to improve teachers in the 
science, art, and history of education; institute shall be in session five days 
including time necessary in going to and from the place of meeting; roll of 
teachers shall be called at least twice a day; at close of institute county 
treasurer shall pay county superintendent $1 for every three days spent by 



502 STATE LAWS EELATING TO PUBLIC EDUCATION. 

each teacher at the institute, the same to be expended for institute purposes, 
but the amount so drawn shall not be more than $100; institute shall elect 
two auditors, who together with the auditor elected by the county directors' 
association shall audit institute accounts. It shall be lawful for the board 
of directors of any district, having a superintendent and employing at least 
40 teachers, to authorize an annual district institute, conducted in like man- 
ner and to same extent as county institutes. All boards of directors shall 
pay to teachers attending any institute $3 per day for time actually present. 
Time in attendance at institutes shall not be considered as days taught or 
lessen the number of days in the minimum school term. Every teacher 
absenting himself from the institute shall forfeit to the district employing 
him a sum equal that which he would have received for attendance, the 
same to be deducted from his salary, unless reasonable excuse for absence 
shall be given. County and district superintendents shall make full reports 
of institutes to the State superintendent. Any institute funds remaining in 
hands of superinendent at close of any institute shall be used for suc- 
ceeding institute. 

Rhode Island: There shall be annually appropriated out of State treasury 
the sum of $500 for expenses of teachers and lecturers for teachers' institutes, 
and $800 for publishing and distributing educational publications, such sums 
to be expended under direction of commissioner of public schools; said 
commissioner shall render annual account to State auditor of such expendi- 
tures. 

South Carolina: See A (c2). County officers. 

South Dakota: See A (b2), State officers; A (c2), County officers; F (a), 
Teachers' contracts, duties, etc. 

Tennessee: See A (b2), State officers; B (a), General State finance and 
support ; F ( a ) , Teachers' contracts, duties, etc. 

Texas: See A (c2), County officers; E (b), Teachers' certificates, general; 
G (b), State normal schools. 

Utah: State superintendent, principal of State normal school, and county 
superintendent of each respective county shaU constitute a governing board 
for holding annually in each county a teachers' institute of between 2 and 
10 days' duration. They shall prescribe studies and employ instructors. 
State superintendent shall keep a record of institutes held and subjects 
taught. County superintendent shall notify teachers of time and place of 
institute meeting, and shall report attendance and program carried out to 
State superintendent. Expenses not to exceed $100 shall be paid out of 
county school fund. Two or more counties may hold joint institute. Insti- 
tute meetings held once or twice a mont"h shall be equivalent to annual 
institute. Governing board may call upon the State normal school to furnish 
instructors. 

See also A (b2), State officers; B (e), State aid for elementary education. 

Vermont: See A (bl), State boards; A (b2). State officers. 

A^irginia: See A (bl), State boards; G (b), State normal schools. 

Washington: In each county containing 25 or more districts, county superin- 
tendent shall devote at least five days to institute work, three days of 
w^hich shall be consecutive ; remaining days may be spent in district meetings 
or in visiting days; county superintendents of contiguous counties may hold 
joint institutes, expenses to be shared in proportion to schoolrooms main- 
tained in the counties. Every teacher holding a valid certificate and employed 



G (d). TEACHEES' INSTITUTES AND SUMMER SCHOOLS. 503 

in the public schools shall attend said institute for full time. In districts 
employing 100 or more teachers the city superintendent may hold a teachers' 
institute of two, three, four, or five days in such district, such institute 
to be governed by provisions same as for county institutes. The superinten- 
dent shall determine time for holding institutes. Pay of teachers shall not 
be diminished by attending institutes ; in addition to actual attendance earned 
by district, an additional attendance shall be credited to district, determined 
by multiplying average daily attendance for the term by number of days the 
teacher attended the institute. All examination fees shall be paid into 
institute fund. Each superintendent shall, prior to holding institute, submit 
estimate of expenses to county commissioners, who shall place at disposal 
of proper superintendent out of county current expense fund an amount, not 
to exceed $200, for such purposes ; such superintendent shall report expenses 
of institute to county auditor. 

See also A (c2). County officers; B (a), General State finance and sup- 
port; E (a), Teachers' qualifications, general. 

West Virginia: One or more teachers' institutes shall be held in each county 
annually, place to be determined by teachers of county, and time to be fixed 
by State superintendent with advice of county superintendent ; said institutes 
shall continue in session five days. Teachers employed in free schools shall 
attend said institutes for at least five days each year, unless excused for 
good cause by county superintendent, and shall receive $1.50 per day for 
such attendance, not to exceed five days, payable out of building fund of dis- 
trict ; teachers failing to attend said institute shall not each during year of 
such failure, unless lawfully excused from attendance. The institute shall 
be conducted by experienced and skillful instructors appointed by State 
superintendent, but county superintendent shall make arrangements for insti- 
tutes and assist in conducting them; institute instructors shall be paid out 
of general school fund, but amount so paid shall not exceed $100 for any one 
institute. Every teacher enrolled in a county institute shall pay fee of $1, 
75 cents of which shall be paid into general school fund and remainder shall 
be used for institute expenses. County superintendent shall make report 
relative to institutes to State superintendent. County superintendent shall 
arrange for and conduct one or more district institutes in each district each 
year ; teachers attending same shall have period of attendance counted as 
time taught. State superintendent shall arrange a reading circle for teachers 
to cover period of two years ; shall provide for examination and certification 
of teachers belonging to said reading circle. 
See also A (d), District boards and officers. 

Wisconsin: Teachers' institutes shall be held each year in such counties as 
may be designated by State superintendent, with advice of board of normal- 
school regents, preference to be given to counties receiving least direct bene- 
fits of normal schools; said superintendent, with advice of said board, raay 
prescribe rules and courses of study for institutes, and appoint agents, who, 
assisted by the county superintendent, shall conduct the same. For institute 
purposes an amount not exceeding $7,000 annually shall be appropriated from 
normal fund income, and an additional amount not exceeding $7,000 annually 
from general fund. 

See also A (b2). State officers; A (c2). County officers; P (c), State uni- 
versities and colleges. 

Wyoming: County superintendent shall annually hold a teachers' institute 
at time and place designated by him; length of term, four to eight days; 



504 STATE LAWS RELATING TO PUBLIC EDUCATION. 

teachers must attend on penalty of having certificate revoked, but superin- 
tendent may excuse for good reason; local school board shall pay teacher 
regular salary for attendance. County commissioners shall appropriate for 
employment of instructors, etc. Two or more counties may, at discretion of 
their superintendents, hold joint institute. 



H. SCHOOL POPULATION AND ATTENDANCE. 



(a) General. 

Alabama: All minors over 7 years old entitled to instruction; parents or 
guardians paying taxes on $500 of real estate in a district shall be entitled 
to school privileges therein; white and colored children shall not attend the 
same school. 

Florida: Any pupil residing in one county may attend school in another by 
concurrence of the superintendents of the two counties. 

New Jersey: Public schools shall be free to pupils over 5 and under 20 years 
of age, and to residents over 20 years of age at option of school board; non- 
residents may be admitted to schools of a district with consent of school 
board thereof upon such terms as said board may prescribe, but nonresidents 
transferred by order of county superintendent shall be exempt from tuition ; 
school board of any district may contract for transportation of pupils to or 
from schools of the district or to schools of another district ; any child living 
remote from public school in the district may, with consent of county super- 
intendent, attend school in an adjoining district ; any child who has completed 
course of study in district of residence may, with consent of board of such 
district and of board of district where he desires to attend, attend school of 
higher grade in said last-mentioned district, and district of residence shall 
pay tuition and transportation. Pupils in public schools shall comply with 
rules thereof; shall pursue prescribed course of study and shall submit to 
authority of teacher; shall be suspended or expelled for cause. Parents or 
guardians shall pay for injury done to school property by pupils. Any school 
board may exclude from school any teacher or pupil not properly vaccinated, 
unless such teacher or pupil is unfit for vaccination; no teacher or pupil 
exposed to any contagious or infectious disease shall attend any public school 
nntil danger of communicating such disease has passed ; indigent pupils shall 
be vaccinated without any charge to them ; schools shall be closed during 
an epidemic. Children attending school for first time may be admitted to 
public schools during 10 days immediately following fall opening of school, 
^during first 5 days of January and April, respectively, and at no other time 
except by majority vote of all members of school board. No child between 
ages of 4 and 20 years shall be barred from public schools on account of 
religion, nationality, or color. Each school board shall ascertain what chil- 
dren, if any, are three or more years below normal in advancement ; in each 
district containing 10 or more such children school board shall establish a 
special class or classes for their instruction, no class to contain more than 
15 pupils; in each district containing 10 or more blind or deaf children not 
cared for in an institution a special class or classes shall be organized by 
school board for their education, no class to contain more than 15 pupils; 
medical examiner shall examine pupils in special classes at least once in 



H (b). SCHOOL CENSUS. 505 

every three months. Any child who has completed course in district of his 
residence may, with consent of board of said district and of board of model 
school connected with any State normal school of the State, attend snch 
model school, district of residence to pay charges. 

Oklahoma: County superintendent may, when requested, permit children to 
attend school in a district other than one in which the child resides; such 
transfer shall not be made until any protests that may be made are heard; 
all hearings shall be had at least two months before opening of schools. 
Renters and others who come into a district after school term has begim 
may select the school to which they shall send their children, 

Virginia: The public schools shall be free to all persons between 7 and 20 
years old residing in the district ; persons of such age may attend school in 
a district where they do not reside by agreement of the school boards inter- 
ested, subject to appeal to the school trustee electoral board ; State board of 
education shall make rules governing the transfer of pupils from one district 
to another or from one county to another. White and colored persons shall 
not attend the same school. Public schools shall be free to any child over 
6 years old if in the opinion of teacher and division superintendent such 
child is sufficiently mature. Persons between 20 and 25 years old may be 
admitted under rules prescribed by the State board of education. 



H (b). School Census. 

See also B (e). State aid for elementary education. 
Alabama: District trustees shall have census of children of school age (7 to 

21) taken biennially in even-numbered years; county commissioners fix com- 
pensation of enumerators in common-school districts; governing body of 

incorporated cities and towns fix such compensation there; misdemeanor for 

enumerator to make false report. 

See also A (d), District boards and officers; A (f), Administrative units — 

districts, etc.; (B (e), State aid for elementary education, 
Arizona: Census marshal shall annually in February take the census of all 

persons in his district between 6 and 21 years old and shall report the same 

to county superintendent, 
Arkansas: See A (b2), State officers; A (f). Administrative units — districts, 

etc.; B (e), State aid for elementary education. 
Colorado: See A (b2), State officers; A (c2). County officers; A (d), District 

boards and officers; T (b). Schools for the deaf. 
Connecticut: See A (d). District boards and officers; B (a), General State 

finance and support. 
Delaware: See H (f), Compulsory attendance; M (b). Kindergartens. 
Florida: See H (c), School year, month, day, etc. 
Georgia: Common schools shall be free to all children between the ages of 

6 and 18 ; white and colored children shall not be taught in the same school ; 

when school is more accessible pupils m.ay attend school in adjoining county 

with approval of county board of education. 

See also B (e). State aid for elementary education; T (c). Schools for the 

blind. 
Idaho: See A (d). District boards and officers; B (a), General State finance 

and support; T (b). Schools for the deaf. 



506 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Illinois: See A (c2), County officers; B (a), General State finance and 
support. 

Indiana: See A (c2), County officers; A (d), District boards and officers; 
B (e), State aid for elementary education; H (f), Compulsory attendance. 

Iowa: See A (c2), County officers; A (d), District boards and officers; C (c), 
Local taxation; H (f), Compulsory attendance. 

Kansas: See A (b2), State officers; A (c2), County officers; A (f), Adminis- 
trative units — districts, etc.; H (f), Compulsory attendance. 

Kentucky: See A (c2), County officers; A (f), Administrative units — districts, 
etc.; G (b), State normal schools. 

Louisiana: See A (c2), County officers; A (d), District boards and officers. 

Maine: Age of pupils allowed to attend the public schools is fixed at between 
5 and 21 years, and all children between such ages may attend, subject to 
rules of school committee. 

See also A (b2), State officers; A (d), District boards and officers; A (f). 
Administrative units — districts, etc.; B (a), General State finance and support. 

Maryland: All white youths 6 to 21 shall be admitted into the public schools; 
teachers and district board shall have power to grade; district board shall 
have power to expel pupils; appeal to county board; children may attend 
school in adjoining district ; child shall produce vaccination certificate. 
See also H (f), Compulsory attendance. 

Massachusetts: See A (d), District boards and officers. 

Michigan: See A (b2), State officers; A (d), District boards and officers; 
H (f), Compulsory attendance. 

Minnesota: See B (e), State aid for elementary education; H (f), Compulsory 
attendance. 

Mississippi: "There shall be maintained a uniform system of free public 
schools for all children between the ages of 5 and 21 years." 

During 1908 and every four years thereafter the assessor in person or by 
deputy shall enumerate the educable children of his county, including all 
separate school districts; blanks for this enumeration shall be furnished by 
State superintendent; shall be taken by townships; enumeration for each 
municipality shall be separate ; names shall be received only from parent or 
guardian ; assessor shall make affidavit to correctness of his list, which shall 
be in duplicate; 2 cents per child allowed as pay; assessor responsible on 
his bond, and if he fail another shall be employed " to make the enumeration 
during the month of July." 

See also A (b2), State officers; A (d), District boards and officers; C (c), 
Local taxation; F (b), Teachers' salaries; G (b), State normal schools; Q 
(b), Agricultural colleges; Q (f). Other technical and professional schools. 

Missouri: See A (d), District boards and officers; A (f). Administrative 
units — districts, etc.; C (a), Local finance and support, general; H (f), Com- 
pulsory attendance; Q (b). Agricultural colleges. 

Montana: See A (c2). County officers; A (d). District boards and officers; 
A (f), Administrative units — districts, etc.; S (b). Public school libraries. 

Nebraska: See A (c2), County officers; A (d), District boards and officers: 
A (f). Administrative units — districts, etc.; B (e), State aid for elementary 
education; H (f), Compulsory attendance. 

Nevada: All districts having 30 or more school census children shall be known 
as census districts of first class, others as second class. In second-class 



H (b). SCHOOL CENSUS. 507 

census districts teachers sliall serve as census marshals without compensa- 
tion; in such districts where teachers are not engaged trutees may appoint 
marhals, compensation same as in districts of first class. Trustees of first- 
class census districts shall annually, before 1st day of March, appoint a 
census marshal for each such district; said marshals shall be over 21 years 
of age ; said appointments shall be certified to deputy superintendents ; noth- 
ing in law shall be construed as preventing the appointment of a member of 
board of trustees or of a woman as census marshal. State superintendent 
shall supply census blanks. Census reports shall give all necessary facts 
in regard to children. School census children shall be those between 6 and 
18 years old. In joint districts census marshals shall report children sepa- 
rately by counties. Census report shall be submitted to clerk of board of 
trustees for approval; clerk shall transmit such report to deputy superin- 
tendent. Deputy superintendents may upon investigation make corrections 
in census reports and may have any census, where conditions may justify, 
taken by a marshal of their own appointment. Fraud or willful neglect on 
the part of a census marshal shall be deemed a misdemeanor. In any dis- 
trict containing 10 or less census children compensation for census marshal 
shall not exceed $8 ; in districts having more than 10 such children no more 
than 25 cents additional per census child may be allowed ; in districts having 
fewer than three families having census children compensation shall not 
exceed $5. 

New Hampshire: See A (d). District boards and oflScers. 

New Jersey: Board of education of any district may cause a census to be 
taken of children between ages of 5 and 18 years, but not more often than 
once in five years ; said board may appoint enumerators to take such census, 
enumerators to receive not exceeding 4 cents for each name in said census, to 
be a district charge. 

New Mexico: See A (b2), State oflBcers; A (c2), County officers; A (d). 
District boards and officers; B (a), General State finance and support; T 
(b), Schools for the deaf. 

New York: A permanent census board is established in each city of the first 
class except the city of New York. In the city of New York board of educa- 
tion shall provide for taking school census. Permanent census board shall 
consist of the mayor, superintendent of schools, and police commissioner or 
like official. Said board may appoint a secretary and other employees and 
fix their salaries. Said board shall, through police department, ascertain 
residences and employment of persons between ages of 4 and 18 years. Per- 
sons in parental relation shall report required census facts at the proper 
precinct police stations. A permanent census board may be established in 
any city not of the first class. If such board be not established in any such 
city, a census shall be taken therein every fourth year. Board of trustees 
of every district shall cause annual census to be taken of all children between 
ages of 5 and 18 years. Any person in parental relation who withholds or 
refuses to give required census information shall be fined not exceeding $20 
or be imprisoned not exceeding 30 days. Funds required for taking census 
shall be furnished by cities and districts; but in cities in which permanent 
boards are not maintained, except city of New York and in school districts, 
such funds shall be paid only on approval of commissioner of education. 
See also E (b). Teachers' certificates, general. 

North Carolina: See H (f). Compulsory attendance. 



508 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Jiorth Dakota: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; B (a), General State finance and support. 

Ohio: An enumeration of all unmarried youth between ages of 6 and 21 
years resident witliin the district shall be taken in each district annually in 
month of May. Such enumeration shall show number of imbeciles or feeble- 
minded children, and also number of physically disabled, blind, deaf, or mute 
children. The school board of each district shall appoint one or more per- 
sons to make such enumeration. Enumerators shall take oath and shall 
report their findings to clerk of the board. Said enumerators shall be allowed 
reasonable compensation, to be determined by the board. The clerk shall 
annually transmit to the county auditor under oath or affirmation an abstract 
of enumeration of school children of district. In case the enumeration shall 
not have been as hereinbefore required the county auditor shall employ 
enumerators to take it, and shall pay for same out of general county fund, 
and shall enter suit against clerk of district. Amount so collected shall be 
paid into school funds of the district. If enumeration be not taken and re- 
turned in any year in any district, such district shall receive no part of 
school funds distributable in that year ; if such loss be due to failure of clerk, 
he shall be liable to district for loss. Auditor of each county shall annually 
report enumeration returns to State superintendent. State superintendent 
may, when enumeration in any district appears to be incorrect, require such 
enumeration to be retaken. 

See also B (a), General State finance and support. 

Oklahoma: State superintendent shall furnish census blanks to county 
superintendents, and they in turn to district clerks. School boards shall 
employ some person or persons to take annual census. Only persons over 6 
and under 21 years old shall be enumerated; but any child who will reach 
age of 6 years before following September shall be counted, and any person 
who will reach age of 21 years before following September shall not be 
counted. Enumerators may administer oath to parents or guardians. Any 
person having school children in his care who shall refuse to furnish in- 
formation to the enumerator shall be guilty of a misdemeanor. Enumerators 
shall receive 5 cents per name in common-school districts and 3 cents per 
name in districts containing incorporated towns or cities. Any enumerator 
who willfully makes a false report shall be guilty of a misdemeanor. Enu- 
merators shall forward reports to county superintendents, who shall forward 
same to State superintendent, who shall use same as basis of apportionment. 
See also A (c2). County officers. 

Oregon: See A (d). District boards and officers; B (e). State aid for ele- 
mentary education; H (f), Compulsory attendance. 

Pennsylvania: See B (e). State aid for elementary education; H (f). Com- 
pulsory attendance. 

Rhode Island: See A (d), District boards and officers; A (f), Administrative 

units — districts, etc.; B (e). State aid for elementary education. 

South Dakota: See A (c2), County officers; A (d), District boards and officers. 

Tennessee: See A (b2), State officers; A (cl), County boards; A (c2), County 
officers; A (d). District boards and officers; B (a), General State finance and 
support; L (a), Course of study. 

Texas: No part of school fund shall be used for sectarian schools; impartial 
provisions shall be made for white and colored races, but separate schools 



H (b). SCHOOL CENSUS. 509 

shall be provided for white and colored children. Children between 7 and 21 
years old shall be entitled to benefits of public-school fund. Scholastic year 
shall extend from September 1 to August 31. Children over 21 and under 7 
years old may be admitted on terms fixed by trustees. Trustees may sus- 
pend incorrigible child. (Only children between the ages of 7 and 17 years 
are enumerated by census trustees, but the law guarantees full free-school 
privileges to all children between the ages of 7 and 21 years) 

County superintendent shall annually in January designate a school trustee 
or other qualified person to take in May a census of all persons between 7 
and 17 years old. Census trustee may administer oaths, and parent or guardian 
refusing to give information shall be guilty of a misdemeanor. Census 
trustee shall deliver rolls and summary to county superintendent, showing 
white and colored children separately. For making false report he shall be 
guilty of false swearing. County superintendent shall make consolidated rolls 
and report to State superintendent. 

Utah: Eveiy district school shall be open free of charge to all persons between 
6 and 18 years old who reside in the district. 

See also A (d). District boards and officers; A (f). Administrative units — 
districts, etc.; B (e), State aid for elementary education; P (c), State uni- 
versities and colleges. 

Vermont: See A (f), Administrative units — districts, etc.; H (f), Compulsory 
attendance. 

Virginia: The clerk of each district school board shall in 1910 and every five 
years thereafter take a census of every person in the district between 7 and 
20 years old; such census shall be verified by the district school board and 
certified to the division superintendent; clerk shall at the same time take a 
separate census of deaf and blind persons between said ages ; sui>erintendent 
shall consolidate reports for the county and forward the same to the superin- 
tendent of the school for the deaf and blind. When the boundaries of dis- 
tricts are changed the division superintendent shall cause a new census to be 
taken in the districts affected. When a school district is situated in more 
than one county, the division superintendent or county school board of each 
of said counties shall make a pro rata apportionment of State and county 
funds to their respective parts of said district. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Washington: See A (d), District boards and officers; T (b), Schools for the 
deaf. 

West Virginia: Teacher or teachers in each subdistrict shall annually before 
close of school take enumeration of children of school age in each such sub- 
district ; if such enumeration is not received by secretary of board, as required 
by law, said secretary shall employ a person to take the same, such person to 
receive $2 per day for time so engaged, to be paid out of building fund. Said 
secretary shall annually transmit such enumeration to county superintendent 
who shall, in turn, transmit same to State superintendent. 

See also A (d). District boards and officers; B (a), General State finance 
and support; G (b), State normal schools; T (b). Schools for the deaf. 

Wisconsin: District clerk shall annually submit to county or city superin- 
tendent a report showing number, names, and sex of children between ages of 
4 and 21 years, names of parents or guardians, but children in penal or chari- 
table institutions shall not be so reported; number of children between ages 
of 4 and 20 years taught in district school ; number attending school under 4 



510 STATE LAWS RELATING TO PUBLIC EDUCATION. 

and over 20 years of age; number of days school was taugM; names and 
salaries of teachers; amount of money received from town treasurer, and 
sources of same; other facts as State superintendent may require. Town 
clerk shall annually report to county or district superintendent, as case may 
be, number of districts and parts of joint districts containing schoolhouses, 
in his town. County superintendent shall annually make reports relative to 
school affairs to State superintendent, to county clerk, and to county treas- 
urer. In all cities having a city superintendent and which are not under su- 
pervision of a county superintendent, such city superintendent shall make an 
annual report to State superintendent. 

See also A (d), District boards and ofloicers; B (e), State aid for elementary 
education; II (f), Compulsory attendance. 
Wyoming: District trustees shall annually cause to be made an enumeration 
of all persons between 6 and 21 years old residing in such district; such 
census shall show name, age, sex, and residence of each child. Misdemeanor 
for a trustee or employed enumerator to report falsely as to census. If trus- 
tees fail to have census taken or if district clerk fails to report, county super- 
intendent shall have census taken. 

Public schools shall be free to all children within the State who are be- 
tween the ages of 6 and 21 years. 

See also B (e), State aid for elementary education. 



H (c). School Year, Month, Day; Minimum Term. 

Alabama: Scholastic year begins October 1; 20 days constitute a school month 
and not less than six hours a school day. 

See also A (d), District boards and officers; B (e). State aid for ele- 
mentary education. 

Arizona: See A (d), District boards and officers; B (d), State taxation for 
school purposes. 

Arkansas: See A (e), School meetings, elections, etc.; N (a). High schools. 

California: See B (e), State aid for elementary education; L (a), Course of 
study. 

Colorado: Every public school, except high schools, shall be open for at least 
four months to all persons between 6 and 21 years old residing in the dis- 
trict; school board may admit adults; a district not maintaining school for 
at least three months shall not be entitled to any portion of the school fund. 

See also A (d), District boards and officers; B (a), General State finance 
and support; C (c). Local taxation; F (b), Teachers' salaries. 

Connecticut: See A (d). District boards and officers; B (a). General State 
finance and support. 

Delaware: See A (cl). County boards; B (e). State aid for elementaiy edu- 
cation. 

Florida: The public schools shall be free to all the youth of the State between 
6 and 21 years old. School year shall extend from July 1 to June 30 of 
following calendar year. Time of opening school shall be fixed by county 
board of education. A school day shall consist of not less than five nor 
more than six hours, exclusive of recesses; school term contains four 
school months and school year contains two school terms. Any school fail- 
ing to complete its term before the end of the school year shall forfeit its 
proportion of the financial apportionment unless the time lost is made up 



H (c). SCHOOL YEAE, MONTH, DAY, MINIMUM TEEM. 511 

the following year. Any county or school district failing to maintain such 
schools as the available funds will support shall forfeit its proportion of 
the common-school fund during such neglect. 

See also A (f), Administrative units — districts, etc. 

Georgia: See A (cl), County boards; B (e), State aid for elementary educa- 
tion; K (c), Uniformity of textbooks. 

Idaho: Term shall begin on second Monday in September, but school boards 
may fix other dates ; school month is four weeks of five days. School boards 
may authorize use of schoolhouse as community center. 

See also A (d), District boards and ofllcers; A (f). Administrative units — 
districts, etc. 

Illinois: See A (d), District boards and officers; C (c), Local taxation. 

Indiana: See A (d). District boards and officers; L (a), Course of Study. 

Iowa: See A (d). District boards and officers. 

Kansas: See A (c2), County officers; A (f), Administrative units — dis- 
tricts, etc. 

Kentucky: There shall be maintained throughout the State a uniform system 
of common schools ; no school shall be deemed a common school or receive 
aid from school fund unless actually kept, or under contract to be kept, by 
a qualified teacher six or more months in all subdistricts within school year ; 
every child between 6 and 20 years old may attend; others by consent of 
trustees and paying fees; State superintendent shall apportion to each dis- 
trict, without regard to school population, the per capita of 50 " pupil 
children." School year shall begin July 1 and end June 30; 20 school days 
shall constitute a school month ; six hours' " actual work in school room " 
shall be a school day; daily session, including recesses and intermission, 
shall not be more than nine hours; when attendance exceeds 50, assistant 
may be employed; when serving regularly on salary this assistant shall 
hold " a certificate of qualification " ; pupils must comply with regulations ; 
may be suspended or expelled; sectarian, infidel, and immoral books and 
doctrines forbidden; pupils entitled to certificate of graduation; no intoxi- 
cating liquors to be sold within 400 feet of any State institution, under 
penalty of fine or imprisonment or both. 

See also A (f), Administrative units — districts, etc. 

Louisiana: See A (cl), County boards. 

Maine: See A (f), Administrative units — districts, etc. 

Maryland: Schools under charge of board county school commissioners shall 
be designated No. 1, 2, 3, etc., of their respective election districts ; " in 
every schoolhouse district in each county * * * there shall be kept for 10 
months in each year, if possible, one or more schools " free to all white youths, 
6 to 21 years of age; board may close all schools in any school district. " In 
every district school there shall be taught orthography, reading, writing, sub- 
jects for language training, English grammar, geography, arithmetic, history 
of the United States, good behavior, the Constitution of the United States, con- 
stitution and history of Maryland, vocal music, drawing, physiology, laws of 
health, and domestic economy, civil government " ; elements of agriculture 
may be taught in State normal school and in public schools ; nature of alco- 
holic drinks and narcotics, with special instruction as to their effects upon 
■ the human system, in connection with physiology and hygiene ; duty of boards 
of county school commissioners, and of the board of commissioners of public 
schools of Baltimore city, to enforce this section; when school numbers more 



512 STATE LAWS RELATING TO PUBLIC EDUCATION. 

than 40 children in average attendance board may employ an assistant; and 
for every additional 40 children one teacher may be appointed ; when average 
attendance is less than 10 pupils, board may close school; board may keep 
school open in part at expense of the district and they shall receive their pro- 
portion of school fund, rating a full school at 20 scholars; public examina- 
tions shall be held twice a year; school shall be kept open every week day 
except Saturday, for six hours; persons disturbing public school shall be 
guilty of a misdemeanor; school year shall be divided into four terms — fall, 
winter, spring, and summer; beginning and closing of term shall be regu- 
lated by board; financial reports shall be rendered to include July 31; July 
and August shall be vacation months; holidays enumerated; if school is 
opened for fraction of term, it shall close at end of term. 

Massachusetts: See L (a), Course of study. 

]\Iichigan: See A (b2), State officers; A (f), Administrative units — dis- 
tricts, etc. 

Minnesota: See A (d), District boards and officers; B (e), State aid for ele- 
mentary education. 

Mississippi: Scholastic year shall begin September 1 and end August 31; 20 
days " of actual teaching " shall constitute a month and five to eight 
hours a day, exact number of hours being fixed by trustees. There shall be 
a winter or summer term; winter term shall begin between first Monday 
in September and second Monday in January; summer term on first Mon- 
day in April or as soon thereafter as suitable; trustees in separate school 
districts may fix time when their schools begin; schools shall be kept in 
continuous session four months and " as much longer as the school fund of 
the scholastic year will maintain them " ; trustees may divide the sessions ; 
county superintendent may close school when desirable or necessary. 

See also A (f). Administrative units — districts, etc.; B (e). State aid for 
elementary education; C (c), Local taxation; H (e), Consolidation of dis- 
tricts, etc. 

3Iissouri: Whenever any school district shall fail or refuse for one year to 
provide for an eight months' school, if a levy of 40 cents on $100 and the 
public funds and cash on hand will enable it to have so long a term, the 
same shall be deemed lapsed and the territory thereof shall be deemed un- 
organized, but no district shall be lapsed because of void proceedings in mak- 
ing provision for an eight months' term ; any district enumerating fewer than 
25 children may arrange to send such children to school elsewhere and pay 
for the tuition and transportation of such children. The board of any dis- 
trict may, and when petitioned by 10 taxpayers of the district shall, submit 
to the taxpaying voters the question of providing transportation for pupils 
living more than one-half mile from the schoolhouse; if two-thirds of said 
voters voting at election favor proposal, school board shall provide such 
transportation. 

See also A (f). Administrative units — districts, etc.; C (a), Local finance 
and support, general. 

Montana: Public schools shall comprise elementary grades and may comprise 
kindergartens and high schools. Subjects to be taught are prescribed. A 
district may establish kindergartens for children 3 to 6 years old; such 
kindergartens shall be supported from school funds of district; teachers of 
kindergartens shall pass examination prescribed by kindergarten department 
of State normal school or must hold approval certificate. School year shall 
begin on September 1 ; in districts of third-class term shall not be less than 



H (C). SCHOOL YEAR, MONTH, DAY, MINIMUM TEEM. 513 

four months and in districts of first and second classes term shall not be less 
than nine months; district failing to maintain school for required term or 
failing to make annual report shall forfeit apportionment of school moneys. 
No publication of sectarian or partisan character shall be distributed in any 
public school or school library and no sectarian or denominational doctrines 
shall be taught therein. In all schools, public or private, having 30 or more 
pupils, teachers must give fire drills ; every teacher of a school, public or pri- 
vate, having 10 pupils or more shall give instruction once a week in fire 
dangers. In every public elementary school instruction shall be given in 
the prevention of communicable diseases. 
See also H (f). Compulsory attendance. 
Nebraska: See A (e), School meetings, elections, etc. 
Nevada: See A (d), District boards and officers; A (f), Administrative units — ■ 

districts, etc.; L (a). Course of study. 
New Hampshire: See B (a). General State finance and support. 
New Jersey: See A (f). Administrative units — districts, etc.; C (a), Local 

finance and support, general. 
New Mexico: School year shall begin on September 1, in each year. Children 
of Spanish descent shall never be denied the right of admission to the public 
schools or other public educational institutions of the State, and shall not be 
classed- in separate schools, but shall enjoy equality with other children. 
Every person who shall set up or keep a brothel, bawdyhouse, house of assig- 
nation or prostitution in any town, city, or village in the State within TOO feet, 
of any schoolhouse, college, seminary, or other institution of learning, or any 
place of public assemblage, shall be guilty of a misdemeanor. The school month 
shall consist of four weeks, of five days each, and a school day shall consist 
of six hours. The minimum school term shall be five months. The State 
commissioner of lands shall have control over all public lands. A board of 
school directors may admit nonresident pupils upon the payment of tuition 
not to exceed 20 per cent more than the average cost of per capita of educa- 
tion of children in such district; when nonresident pupils, their parents or 
guardians, pay a school tax in any district, such pupils shall be admitted to 
the school of such district, and the amount of such tax shall be credited on 
their tuition. The district judge may appoint a commission to inquire into 
the lunacy or habitual drunkenness of residents or holders of real estate; 
such commission shall apply so much of estate of such persons to the sup- 
port and education of minor children of such persons as may be necessary. 
Officials of higher educational institutions shall make annual reports to the 
State superintendent. 

See also A (b2). State officers; B (a), General State finance and support; 
H (f). Compulsory attendance. 
New York: See A (f), Administrative units — districts, etc.; B (a). General 

State finance and support. 
North Carolina: State appropriation of $250,000 annually shall be made and 
State board of education shall apportion to counties on basis of school census, 
but said board shall deduct annually $1,500 for part of salary and expenses 
of superintendent of colored normal school and inspector and director of 
teachers' institutes, and shall deduct biennially the further sum of $7,500 
for the establishment of rural libraries. There shall be set aside annually 5 
cents on $100 of property valuation as " State equalizing school fund," which 
shall be used to provide as near a six-months' school term as said funds will 
provide. County board of education shall annually certify to State board 
3966°— 15 -33 



514 STATE LAWS KELATING TO PUBLIC EDUCATION. 

number and grade of salary of teachers employed and that four-months' term 
is provided for by county, and also rate of special-tax levy; State board of 
education shall apportion "State equalizing school fund" so that counties 
having complied with law may have school for six months or as nearly so as 
possible; such fund shall be used. only for the salaries of teachers; salaries 
apportioned from said fund shall not exceed $40 for first grade, $30 for 
second grade, and $20 for third grade. In the apportionment of county school 
fund and funds provided under this act to district levying a special tax no 
account shall be taken of said special tax, and authorities levying said special 
tax may reduce rate of such tax proportionately to increase of funds of dis- 
trict derived from State and county sources; after county levies a special 
tax of 15 cents on $100, and poll tax of 45 cents, and fails therefrom to secure 
a term of four months, said county shall be entitled to aid from equalizing 
fund equal to that of other counties. County board of education shall annu- 
ally ascertain approximate amount of general school tax, fines, forfeitures, 
penalties, and State appropriation that will be available; if such amount is 
insufficient to conduct schools for four months, county commissioners shall 
levy tax sufficient to make up deficiency, but not exceeding 15 cents on $100 
of property and 45 cents on each poll shall be levied. Commissioners of any 
county may levy 2f cents on $100 in excess of constitutional limit for purpose 
of providing for any deficiency in expenses and revenue of said coutry. 

See also A (cl), Couty boards; C (a), Local finance and support, general; 
E (b), Teachers' certificates, general; O (b), Agricultural schools. 

North Dakota: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc.; B (a), General State finance and support. 

Ohio: See A (f), Administrative units — districts, etc.; B (a). General State 
finance and support. 

Oklahoma: See A (c2). County officers; A (f), Administrative units — dis- 
tricts, etc.; H (e), Consolidation of districts, etc. 

Oregon: See A (f), Administrative units — districts, etc.; F (a), Teachers' 
contracts, duties, etc.; N (a) High schools. 

Pennsylvania: All public elementary and high schools shall be kept open each 
year as follows: In districts of first and second class, at least nine months; 
third class, at least eight months; fourth class, at least seven months. 
Directors may keep open other schools and departments as they may direct. 
Twenty days of actual teaching shall constitute a school month; there shall 
be no actual teaching on Saturday, except when Monday is fixed as a weekly 
holiday, or on Sunday, Fourth of July, or Christmas Day, nor shall schools 
be kept open during teachers' institutes. School boards may direct other 
holidays observed, but such days shall not be counted as days taught; shall 
fix date of beginning of school term, and school hours; otherwise, daily 
session shall open at 9 o'clock in the morning and close at 4 o'clock in the 
afternoon, with one hour intermission at noon and intermissions of 15 
minutes in forenoon and afternoon; said boards may fix date of commence- 
ment, and shall pay expenses thereof. In every elementary public school 
there shall be taught the following in the English language: Spelling, read- 
ing, writing, arithmetic, geography, English grammar, history of the United 
States and of Pennsylvania, including elements of civil government, physi- 
ology, and hygiene; also a system of humane education, together with such 
other branches, including vocal music, public speaking, drawing, physical 
training, elementary manual training, elementary domestic science, and ele- 
mentary agriculture, as boards of directors, with approval of the proper 
superintendent of schools, may prescribe, but in districts of the first class 



H (C). SCHOOL YEAR, MONTH, DAY, MINIMUM TEEM. 515 

physical training shall be carried on as part of the regular course of study. 
Boards, with advice of proper superintendent, shall arrange courses of study, 
but the same shall conform to the general course of study arranged by the 
State superintendent, so far as local conditions shall permit. Special refer- 
ence, in teaching physiology and hygiene, shall be made to the effects of 
alcoholic drinks, stimulents, narcotics, and to tuberculosis; no cruel experi- 
ment shall be made on any living creature. In districts of second, third, and 
fourth classes every teacher shall keep all necessary records of pupils, and 
same must have been approved by proper official before entire salary of 
teacher shall be paid; the standing of each pupil shall be certified by the 
proper official to the teachers at the opening of schools; teachers shall make 
monthly reports to boards of school directors. 
See also A (d). District boards and officers. 

Rhode Island: See A (f), Administrative units — districts, etc. 

South Carolina: Public schools shall be kept open at least three months. Not 
less than $60,000 is annually appropriated to extend the school term; not 
more than $100 to any one school; no aid to school running for 100 days or 
longer on regular funds ; no aid unless district levies at least a 2-mill school 
tax; school running less than 100 days may receive aid equal to amount 
raised by district tax up to $100; State superintendent may withhold aid 
for cause. 

See also A (cl). County boards. 

South Dakota: See A (d), District boards and officers. 

Tennessee: See A (cl), County boards; B (a), General State finance and 
support. 

Texas: See A (d), District boards and officers. 

Utah: School year shall begin on July 1; school week is 5 days and month 
is 20 days. 

See also A (b2), State officers; A (f). Administrative units — districts, etc.; 
B (e). State aid for elementary education. 

Vermont: School year shall commence July 1 and end June 30, following. In 
absence of express contract, six hours shall constitute a school day, five 
days a school week, four weeks a school month. A legal school shall have 
at least four hours a day for five days in a week. Time not exceeding four 
days spent by teacher at educational meetings or in visiting schools, as re- 
quired by the superintendent, shall be counted as time taught. No teacher 
shall be required to teach on a legal holiday. Teachers shall, if they so 
demand, be paid monthly. 

See also A (f). Administrative units — districts, etc.; L (a), Course of 
study; N (a). High schools. 

Virginia: No State money shall be paid for a school which is not maintained 
at least five months in the year, but State board of education may relax this 
requirement in case of unavoidable discontinuance of a school. 

See also A (cl). County boards; A (f), Administrative units — districts, 
etc.; N (a). High schools. 

Washington: See A (d), District boards and officers; L (a), Course of study. 

West Virginia: The school year shall begin on July 1 and end on June 30. 
See also A (d). District boards and officers. 

Wisconsin: See A (e). School meetings, elections, etc.; B (e). State aid for 
elementary education. 

Wyoming: See A (b2), State officers; A (c2), County officers. 



516 STATE LAWS RELATIITG TO PUBLIC EDUCATION. 

H (d) . School Holidays. 

See also L (k), Days of special observance. 

Arizona: Schools shall be closed on July 4, Thanksgiving Day, and December 
25, but pay of teachers shall not be diminished on that account. Boards of 
trustees may declare a holiday during Christmas season not to exceed two 
weeks, provided pay of teachers shall not be diminished thereby. 

See also A (b2), State officers; D (e). United States flag in schools. 

Arkansas: Robert E. Lee's birthday, January 19, shall be observed in the 
public schools, with appropriate patriotic exercises. 

California: Legal holidays: Sundays, January 1, February 12, February 22, 
May 30, July 4, first Monday in September, September 9, October 12, December 
25, and Thanksgiving Day; public schools shall close on January 1, May 30, 
July 4, December 25, Thanksgiving Day, and February 12. The public schools 
shall be in session on all other legal holidays and shall give appropriate exer- 
cises ; but trustees may declare a holiday when good reason'exists therefor. 

Colorado: Holidays shall be Thanksgiving Day, Christmas Day, New Year's 
Day, Washington's Birthday, Decoration Day, Labor Day, and the Fourth 
of July. The second Friday in April shall be set apart and known as "Arbor 
Day " and shall be appropriately observed in the public schools. August 1 
shall be observed as " Colorado Day " ; October 12, election day in November, 
and "Good Roads Day" (second Friday in May) shall be observed with 
appropriate exercises in the public schools. 

Florida: All schools shall observe from December 25 to January 1, inclusive, 
and Independence Day and Thanksgiving Day as holidays. 

Illinois: See A (d), District boards and officers. 

Maine: School holidays: February 12, April 19, May 30, July 4, first Monday 
in September, October 12, December 25, Tranksgiving and Arbor Days. Some 
part of Lincoln Day shall be devoted to his life and character; school com- 
mittee may direct the holding of suitable exercises on Washington's Birthday 
and Columbus Day. 

Maryland: See H (c), School year, month, day, etc. 

Massachusetts: The words "legal holiday" shall include February 22, April 
19, May 30, July 4, first Monday of September, October 12, Thanksgiving Day, 
and Christmas Day, or the day following when any of the four days first 
mentioned, October 12, or Christmas Day occurs on Sunday; and the public 
offices shall be closed on all of said days. (The governor is requested to set 
aside the last Saturday in April as Arbor Day. — Resolve.) (That the gov- 
ernor shall annually set apart June 14 as Flag Day. — Resolve. ) 

Michigan : January 1, May 30, July 4, the first Monday in September, December 
25, and all days appointed by the governor or by the President of the United 
States and all Saturdays shall be holidays, and no school be kept open on such 
days ; February 12, February 22, and October 12 shall be observed with appro- 
priate exercises within the schools. 

Minnesota: See B (e), State aid for elementary education. 

Missouri: Schools shall not be kept on Thanksgiving Day, December 25, Feb- 
ruary 22, or July 4. 

Montana: Legal holidays on which schools shall not be open: Labor Day, 
Columbus Day, State and National election day, Thanksgiving Day, Christmas 
Day, New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial 
Day, Independence Day. 



H (d). SCHOOL HOLIDAYS. 517 

Nebraska: Holidays: January 1, February 22, April 22, May 80, July 4, first 
Monday in September, October 12, December 25, any day appointed by tbe 
governor or the President as a day of fasting or thanksgiving, and any day 
hereafter made a legal holiday. State superintendent may recommend cer- 
tain days as " flag days." 

Nevada: See L (a), Course of study. 

New Hampshire: See A (d), District boards and oflBcers. 

New Jersey: Arbor Day shall be appropriately observed in the public schools; 
commissioner of education shall issue circulars relative to such day, and 
county and city superintendents shall prepare a program of exercises for 

- such day. Lincoln's Birthday, Washington's Birthday, Memorial Day, Thanks- 
giving Day, and other holidays established by law, shall be observed in the 
public schools ; flag day shall likewise be observed. 

New Mexico: In addition to the legal holidays, Lincoln's Birthday and Wash- 
ington's Birthday may be observed by the public schools with appropriate 
exercises; no deduction shall be made from teachers' salary because of 
absence from active school duty on such holidays ; Columbus Day shall be a 
legal holiday ; State superintendent shall prepare a program of exercises for 
Lincoln Day each year, and forward the same to the school boards of the 
several districts. Second Friday in March shall be Arbor Day and shall be 
observed in public schools. 

New York: Public holidays shall be: New Year's Day, Lincoln's Birthday, 
Washington's Birthday, Memorial Day, Independence Day, Labor Day, Colum- 
bus Day, and Christmas Day ; if either of such days shall fall on Sunday, the 
next day thereafter shall be a holiday; each general election day and any 
other day appointed by President of United States or governor of State shall 
be a holiday. 
* See also B (a), General State finance and support; L (k). Days of special 
observance. 

North Dakota: February 12, February 22, and May 30 shall be appropriately 
observed in the public schools. 

Ohio: See A (f), Administrative units — districts, etc. 

Oregon: Following are legal holidays: January 1, February 22, May 30, July 
4, December 25, general election day, Thanksgiving Day; February 12, Feb- 
ruary 22, and October 12 shall not be school holidays, but shall be observed by 
appropriate exercises in the schools. 

Pennsylvania: See H (c), School year, month, day, etc. 

Rhode Island: New Year's Day, Washington's Birthday, Memorial Day, 
Independence Day, Columbus Day, Labor Day, Christmas Day, and such days 
as may be appointed holidays by the governor or legislature of this State or 
President or Congress of the United States, shall be legal holidays. Arbor 
Day, Grand Army Flag Day, and Rhode Island Independence Day are days for 
special observance in the schools. 

South Carolina: See L (k). Days of special observance. 

South Dakota: See F (a), Teachers' contracts, duties, etc. 

Texas: January 1, February 22, March 2, April 21, June 3, July 4, first Monday 
in September, October 12, Thanksgiving Day, December 25 are legal holidays. 

Utah: No school shall be taught on a legal holiday. 

Vermont: No teacher shall be required to teach on a legal holiday; board of 
school directors may permit teacher to dismiss school for not more than two 
days whenever such dismissal seems necessary or proper. 



518 STATE LAWS EELATING TO PUBLIC EDUCATIOK. 

Virginia: The birthday of Jefferson Davis, June 3. is set apart as a day of 
recreation in the public schools. 

See also L (k), Days of special observance. 

Washington: See F (a), Teachers' contracts, duties, etc. 

West Virginia: Following days are legal holidays: New Year's Day, Wash- 
ington's Birthday, Independence Day, Memorial Day, Christmas Day, Labor 
Day, Lincoln's Birthday, Columbus Day, and such days as may be declared 
holidays by governor or President of United States ; expressly provided that 
schools must be in session and appropriate exercises held on Lincoln's Birth- 
day and Columbus Day. 

See also A (d). Administrative units — districts, etc. 

Wisconsin: Legal holidays, except election days, shall be counted as time' 
taught by teacher, but school taught on holidays shall not be counted twice 
and no Saturday shall be counted. 

Wyoming: January 1, February 12, February 22, May 30, July 4, Thanksgiving 
Day, December 25, Arbor Day, and general election days are declared legal 
holidays. 



H (e). Place of Attendance; Consolidation of Schools; Transportation 

of Pupils. 

See also A (f), Administrative units — Districts, etc. 

Alabama : See A ( cl ) , County boards. 

Arizona: See A (d), District boards and officers; A (f). Administrative 
units — districts, etc. 

Arkansas: See A (f), Administrative units — districts, etc. 

California: See A (d). District boards and officers; A (f). Administrative 
units — districts, etc.; X (a), High schools. 

Colorado: See A (f). Administrative units-^districts, etc. 

Connecticut: See A (f), Administrative units — districts, etc.; B (a). General 
State finance and support; N (a), High schools. 

Delaware: See A (cl), County boards. 

Florida: See A (cl), County boards; A (f), Administrative units — dis- 
tricts, etc. 

Georgia: See A (cl). County boards. 

Idaho: See A (f). Administrative units — districts, etc.; B (a). General State 
finance and support. 

Illinois: See A (d), District boards and officers. 

Indiana: Two or more adjacent school corporations may establish a new 
district and build a joint school, but each of the trustees must be so peti- 
tioned by persons requesting the same. Each corporation so uniting shall 
bear such part of the expense of establishing said school as the school popula- 
tion attached to said corporation bears to the total school population of the 
united district; joint school shall be controlled by the corporation in which 
it is established ; expense of maintaining school shall be borne by constituent 
corporations in proportion to the number of pupils in attendance from each. 
The school trustees of two or more municipal corporations for school pur- 
poses may jointly establish, maintain, and control a joint graded school. 
Two or more adjacent townships may establish a new district and build a 



H (e). CONSOLIDATION OF DISTRICTS^ ETC. 519 

school therein jointly, but each trustee must be petitioned therefor by the 
persons requesting the same ; such school shall be supported by the town- 
ship in which it is established. Two or more adjacent districts of two or 
more adjacent townships may, on petition to trustees of said townships, 
unite and form a new district, and when said district is established said 
trustees shall provide a site and building and raise money to maintain a 
school therein. On petition of a majority of the legal voters of a school dis- 
trict or corporation the trustee or trustees of said district or corporation shall 
provide for the abandonment thereof and for the education of the children 
thereof in other schools; trustee shall abandon without petition any district 
school in which the average attendance is 12 or fewer, and he may abandon 
any district having 15 or fewer, but condition of roads, etc., must permit 
of such discontinuance, and this provision shall not apply to the discon- 
tinuance of colored schools ; township trustee shall provide for transportation 
of pupils residing more than 2 miles from school, and, if pupils are between 
6 and 12 years old, more than 1 mile from school. When township provides 
transportation to a central school, trustee shall also provide transportation 
for pupils transferred from another township when the same involves no 
additional conveyance or distance, and township from which pupils are trans- 
ferred shall pay its proportion of cost of such transportation. Any incor- 
porated town having no indebtedness and not over 1,500 inhabitants may, 
through its town board of trustees, abandon the control of its public schools, 
but said board must be authorized by a majority of the freeholders; school 
property of such town shall be conveyed to the township trustee and the con- 
trol of the schools thereof shall pass to said trustee. On petition of 25 legal 
voters of any incorporated town and 25 legal voters of the township contain- 
ing such town but residing outside thereof, school trustees of said town and 
township trustee shall call an election to determine the question of estab- 
lishing a joint graded school or joint high school, or both; majority of A'otes 
cast in each corporation shall determine ; the cost of construction of building 
shall be borne by each corporation in proportion to the taxable property 
therein; bonds may be issued by town trustee or, in the case of the town- 
ship, by advisory board, to pay the proportionate share of such corporation ; 
school property shall be owned jointly in proportion to amount of its cost 
paid by each corporation. Any city or incorporated town may unite with the 
township in which situated and townships or parts of townships contiguous 
thereto for the purpose of establishing a commissioned high school; school 
officials interested may meet and provide site and building for the mainte- 
nance of said school. The school officials of townships or incorporated towns 
may contract with corporations having high schools for high-school accom- 
modations. 

See also A (d). District boards and officers, 
Iowa: On petition of one-third of the electors of territory containing not less 
than 16 sections of land lying in one or more counties, said petition to have 
approval of county superintendents, directors of corporation containing largest 
number of voters in said territory shall call an election to determine ques- 
tion of forming a consolidated independent district; if a city, town, or 
village is included in proposed consolidated district, said city, town, or 
village and other territory shall vote separately, and a majority vote shall 
be necessary in each division. If vote carries, a board of five directors shall 
be elected for said district. Directors shall annually levy a tax which with 
the semiannual apportionment shall not exceed $32 for each person of 
school age. Board shall provide transportation for children of school age 



620 STATE LAWS RELATING TO PUBLIC EDUCATION. 

and living outside of any city, town, or village; when children live at an 
unreasonable distance board may require parent or guardian to transport 
children a distance of not exceeding 2 miles to connect with any vehicle 
transporting pupils to school. Board shall locate and provide a building, but 
question of location may be submitted to voters and school shall be located 
in a city, town, or village containing 25 or more children of school age when 
there is such in the district; board shall submit to voters the question of 
levying a tax to build a schoolhouse or to repair the same when cost of such 
repair exceeds $2,000. On petition of one-third of the voters of the district, 
approved by county superintendent, board shall call an election to deter- 
mine w^hether district shall be dissolved; majority of votes cast shall 
determine. Board shall fix amount of taxes for maintenance each year before 
the third Monday in August. On petition of one-third of the voters of each 
subdistrict of a school township, board shall call a meeting in each sub- 
district to determine the question of organizing the subdistrict into a rural 
independent district; if a majority of votes cast in each subdistrict are in 
favor of such organization each subdistrict shall be organized as a rural 
independent district ; board of directors shall consist of three members ; 
term, three years, one being elected each year. Independent districts may 
subdivide to form two or more independent districts or have territory 
detached to be included in an independent district, but new district shall 
contain not less than four sections of land, unless such is necessary by 
reason of natural obstacles or unless such district contains a town or 
village with not less than 100 inhabitants; proceedings of subdivision shall 
in all respects be like those for the organization of cities and towns into 
independent districts. Contiguous independent districts may unite and form 
one independent district. A rural township which has been divided into 
rural independent districts may be erected into a school township by vote of 
the electors. The board of directors of any school township may divide 
said township into subdistricts. When any change is made in boundaries, 
new boards of directors shall be elected in accordance therewith. Children 
residing in one district may with the consent of the boards attend school 
in another district; if board of child's residence does not agree, child may 
attend school in another district with consent of the board of such district 
and of the county superintendent if child resides nearer a schoolhouse in 
said district and an unreasonable distance from school in his own district; 
district of child's residence shall pay for tuition and contingent expenses. 

All consolidated school districts organized according to law which are 
established with suitable grounds and a two-room building, with necessary 
departments for teaching agriculture and home economics, and with quali- 
fied teachers shall, on approval of State superintendent, be entitled to 
receive from the State $250 toward the equipment required and the further 
sum of $200 annually; all such schools having a three-room building and 
equipped for teaching agriculture, home economics, and other industrial 
subjects shall receive $350 toward equipment and the further sum of $500 
annually ; four-room building or larger, $500 toward equipment and the 
further sum of $750 annually. 

See also A (d). District boards and officers; C (c). Local taxation; H (f). 
Compulsory attendance. 
Kansas: County superintendent may, when two or more adjoining districts 
have each less than five children of school age, combine the pupils of such 
districts in one school and prorate the expense among the districts in pro- 
portion to number of pupils from each, and county commissioners shall levy 



H (e). CONSOLIDATION- OF DISTRICTS^ ETC. 521 

tax therein to pay the same ; when school population of combined or other 
district becomes less than five no school shall be held therein, but county 
superintendent shall provide for sending pupils to other schools. By order 
of the district board or on petition of 25 per cent of the voters of any school 
district clerk shall call a district meeting for the purpose of voting on ques- 
tion of consolidation of such district with one or more others; majority of 
votes cast shall determine ; upon receiving notice from clerks that two or more 
districts have voted to consolidate, county superintendent shall call a meeting 
to elect a school board to consist of director, clerk, and treasurer for such 
consolidated district. A district may vote to be annexed to a graded school 
district, and after receiving notice of such vote and of the approval of the 
school board of the graded district county superintendent shall annex such 
district. School board of consolidated district shall provide for the transpor- 
tation of pupils residing 2 or more miles from school ; such board shall have 
general powers of district boards. County superintendent shall, on notice of 
formation of union district, make record of boundaries thereof; by vote of 
electors of a district such district may be di^ ided i\nd part of the same may be 
united with one union district and part with another. Property of former 
districts shall become property of union district, which shall be a body cor- 
porate. 

See also A (f), Administrative units — districts, etc. 

Kentucky: See A (f), Administrative units — districts, etc. 

Louisiana: See A (cl), County boards. 

Maine: See A (f), Administrative units — districts, etc.; N (a), High schools. 

Maryland: See A (cl). County boards. 

Massachusetts: Two or more towns may vote to establish union schools for 
contiguous portions of said towns; said union schools shall be governed by 
the provisions applicable to union high schools. 

See also A (d), District boards and oflicers; C (c), Local taxation; H (f), 
Compulsory attendance; N (a), High schools. 

Michigan: See A (d), District boards and officers; A (f). Administrative 
units — districts, etc. 

Minnesota: See A (d). District boards and officers; A (f). Administrative 
units — districts, etc.; B (e). State aid for elementary education. 

]Mississippi : Where two or more schools are consolidated, trustees of the 
consolidated school and county superintendent are empowered to provide 
transportation of pupils living 2 miles or more from school ; expense shall be 
paid out of county school fund ; person employed in transportation shall pre- 
sent itemized statement of his service under oath monthly; on petition of 
majority of qualified electors of a consolidated school district of not less 
than 25 square miles, county board of supervisors shall levy annual tax suffi- 
cient to pay for fuel, transportation wagons, and incidentals, and levy tax 
sufficient to maintain schools of district after expiration of county school 
term or during county school term, " provided a free public school shall be 
maintained seven months in each scholastic year " ; supervisors may issue 
bonds in same manner as provided in chapter on municipalities to repair 
and equip school buildings, " provided the bonds issued for other purposes on 
the property of said school district shall not be included in calculating the 
limit on the amount to be issued for the purposes herein provided, but only 
such bonds as may be issued for the said district as a separate taxing unit 
shall be counted " ; transportation of pupils shall be borne by district after 
expiration of county public-school term. When necessary to hold an election 



522 STATE LAWS RELATING TO PUBLIC EDUCATION. 

in a consolidated school district, it shall be held at the schoolhouse. Two 
or more adjacent municipalities may join in forming and maintaining " a 
joint separate school district " ; petitions may be circulated in each munici- 
pality paying for this union; majority of electors must sign petition; munici- 
pal authorities shall then pass an ordinance and shall make a joint levy of 
taxes for support of the joint separate school; school shall be governed by 
five trustees apportioned between the municipalities according to educable 
children; mayor and aldermen or commissioners of each municipality shall 
elect number to which it is entitled; these trustees shall have powers and 
duties of other municipal separate school districts ; such municipality or any 
incorporated municipality not constituting a separate school district may add 
unincorporated property for purpose of establishing separate school districts 
on petition of majority of adults having educable children. 

Missouri: The qualified voters of any community may organize a consolidated 
school district for the purpose of maintaining both elementary and high 
schools, but no consolidated district shall be formed under this act unless 
it contains at least 12 square miles or has at least 20 children of school age, 
and no such district shall contain a town or city district that has 200 chil- 
dren. On petition of at least 25 qualified voters of any community, county 
superintendent shall visit said community and lay off the boundaries for 
the proposed district and shall call an election in such territory to determine 
the question of establishing such district ; the question of providing transpor- 
tation for pupils may also be voted on ; if transportation is not provided, the 
directors shall maintain an elementary school within 2i miles by nearest 
road of the home of every child of school age in the district, or the district 
may by majority vote decide to have all the seventh grade and eighth grade 
work done in the central high-school building. Whenever by the formation of 
a consolidated district a portion of an adjoining district has been included, 
the remaining portion may elect to become a part of such consolidated dis- 
trict or may unite with an adjoining common-school district. When a con- 
solidated district is organized the original districts shall continue until June 
80 following, and at that time all the property and money on hand of the 
districts whose school sites are in the consolidated district shall be turned 
over to directors of consolidated district and outstanding bonds shall become 
debts against the consolidated district; when a part of a district is annexed 
the property shall be equitably divided between remaining part and consoli- 
dated district. When a district organized under this act has secured a site 
of not less than 5 acres for a central high school and has provided approved 
building and equipment, the State shall pay one-fourth of the cost of build- 
ing and equipment, but not to exceed $2,000 for any one district. When a 
consolidated district organized under this act has provided adequate buildings 
and maintains a high school of at least the third class and gives an approved 
course of at least one year in agriculture, the State shall grant a special aid 
of $25 per year for each square mile or fraction thereof of territory in said 
district, but no district shall receive exceeding $800 per year under this 
section. 

See also A (f), Administrative units — districts, etc.; H (c). School year, 
month, day, etc. 

Montana: See A (f). Administrative units — districts, etc. 

Nebraska: See A (f), Administrative units — districts, etc. 

Nevada: See A (f), Administrative units — districts, etc. 



H (e). CONSOLIDATION OF DISTRICTS, ETC. 523 

New Hampshire: See A (d), District boards and officers; C (c), Local 
taxation. 

New Jersey: Boards of education of two or more adjoining districts may 
submit to voters of such districts tlie question of uniting such districts for 
purpose of maintaining a union graded scbool ; question shall carry by ma- 
jority vote of electors in each district. If two districts shall unite for such 
purpose, board of each district shall elect two of its members as members of 
board of union district ; if three districts shall so unite, board of each dis- 
trict shall elect one of its members as member of union district board ; such 
appointments shall be certified to county superintendent; any such member 
may be removed for cause ; each union board shall be a body corporate ; such 
board shall appoint its officers, the custodian of funds to give bond. Powers 
of union hoard: To purchase, sell, and improve school grounds; erect, lease, 
enlarge, improve, repair, or furnish school buildings ; raise taxes for such 
purposes or for current expenses, upon majority vote of school board of each 
district uniting in establishing such union graded school ; condemn land and 
other property for school purposes when authorized by boards of districts 
composing such union district; determine, subject to approval of boards of 
districts so uniting, amount needed for school purposes, such amount to be 
levied by assessors on basis of ratables of each such district ; appoint and fix 
salary of supervising principal, who shall hold a State or first-grade county 
certificate, which principal shall be supervisor of schools in districts uniting 
to form such union district. County superintendent shall apportion funds 
to such union graded school on same basis and in same manner as to district 
in which such school is situated. Board of education of union district shall 
have same powers and duties as board of township district, except as herein- 
before provided; each union graded school shall be under supervision of 
county superintendent of county in which schoolhouse is situated. In case 
the board of a union graded school shall decide to raise money to purchase 
school site, erect or furnish schoolhouse, or for purchase thereof by issue of 
bonds, said board shall give notice thereof to boards of districts united for 
establishing said school, and said boards shall submit such question to people 
of such districts ; such question shall carry by majority vote of each district ; 
bonds so issued shall bear interest at rate not to exceed 6 per cent per 
annum, and must be sold at not less than par ; bonds shall be a lieu on the 
school property and the real and personal estates in each such district ; a tax 
shall be levied annually to pay part of principal and interest on bonds due. 

See also A (f). Administrative units — districts, etc.; C (a), Local finance 
and support, general. 

New Mexico: See A (f). Administrative units — districts, etc. 

New York: See A (e). School meetings, elections, etc.; A (f), Administrative 
units — districts, etc. 

North Carolina: See A (cl), County boards. 

North Dakota: See A (d). District boards and officers; B (e). State aid for 
elementary education; H (f), Compulsory attendance. 

Ohio: See A (cl). County boards; A (f). Administrative units — districts, etc.; 
C (c). Local taxation. 

Oklahoma: When two or more adjacent districts or parts of districts or 
territory desire to unite for purpose of establishing a consolidated school, 
a meeting, upon petition of one-half of voters of territory affected, may be 
called by county superintendent to determine such question ; a majority vote 



524 STATE LAWS RELATING TO PUBLIC EDUCATION. 

of electors of territory affected shall determine question; if consolidation 
shall carry, meeting shall elect a director, clerk, and member for such dis- 
trict; no consolidated district shall contain less than 25 square miles and 
assessed valuation less than $300,000; all or part of any district adjacent 
to a consolidated district may, upon petition to county superintendent signed 
by majority of voters of district so desiring to be attached to consolidated 
district and of board of consolidated district, be attached to consolidated 
district. Consolidated districts comprising territory lying in two or more 
counties shall be formed in same manner as joint districts are formed. 
Where more than two districts form a consolidated district, not more than 
one board member shall come from each such district. Powers and duties 
of consolidated board shall be same as district board, and, in addition, said 
board shall provide transportation for pupils living 2 miles or more from 
school. Any bonded indebtedness incurred by any district shall remain 
attached to the territory of such district, regardless of any change that may 
be made in such district. Consolidated district shall be a body corporate. 
The proceeds derived from the sale of certain public lands shall constitute 
the " union graded or consolidated school district fund," the same to be used 
only to assist in constructing or paying for school buildings in union .or 
consolidated districts. Rents and proceeds of sales of public lands prior to 
January 1, 1913, shall be distributed by State board of education on basis of 
scholastic population of the several counties, excepting cities of first class. 
Any consolidated or union district maintaining not less than a six-month 
term, having at least three teachers, and with attendance of not fewer than 
130 scholastic pupils, which has built a schoolhouse of at least three rooms, 
may receive from State board one-half cost of such schoolhouse not to exceed 
$2,500; the "public-building fund" shall be applied to building schoolhouses 
In consolidated and union districts. 

Oregon: See A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; H (f), Compulsory attendance. 

Pennsylvania: Whenever graded schools can be made to accommodate pupils 
of one or more ungraded schools by consolidation of said schools with graded 
or ungraded schools it shall be the duty of school directors to abandon one- 
room school or schools and erect suitable buildings for consolidating and 
grading said schools, but no pupil of any abandoned school shall be required 
to walli more than li miles to the consolidated school building. 
See also PI (f), Compulsory attendance. 

Rhode Island: In case any town shall consolidate three or more ungraded 
schools, and instead thereof shall establish a graded school of two or more 
departments, of not less than 20 pupils for each department, the State shall 
pay to such town $100 annually for each such department ; towns may unite 
for consolidation. When once established, a consolidated school shall con- 
tinue to receive State aid unless attendance shall fall below 15 for the several 
departments. No town shall forfeit any part of its portion of the $120,000 
State appropriation by reason of the reduction of number of its schools due 
to consolidation. The school committee of any town may, subject to approval 
of commissioner of public schools, consolidate schools or unite such school or 
schools with some graded school and may provide transportation for pupils. 
State shall pay $100 to any town supporting a graded school with which an 
ungraded school has been consolidated. 

South Carolina: See B (d). State taxation for school purposes; B (e), State 
aid for elementary education; D (a), Buildings and sites, generaL 



H (e). COXSOLIDATION OF DISTEICTS, ETC. 525 

South Dakota: See A (d), District boards and oflBcers; L (i). Manual and 
industrial education. 

Tennessee: County board of education or county higli school board may con- 
solidate two or more schools; said boards may provide transportation for 
" pupils that reside too far away from school to attend without transporta- 
tion " ; said boards may employ supervisors to assist county superintendents, 
but supervisors of elementary schools shall hold first-grade elementary certifi- 
cates and supervisors of high schools shall hold first-grade high-school cer- 
tificates. 

See also A (bl), Siiate boards. 

Texas: See A (f), Administrative units — districts, etc. 

Utah: See A (f), Administrative units — districts, etc. 

Vermont: A town may, by majority vote of voters present and voting at 
town meeting, instruct school directors to pay a reasonable sum for trans- 
portation of high-school students. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; L (a), Course of study. 

Virginia: See A (f). Administrative units — districts, etc. 

Washington: Upon receipt of petition of five heads of families of two or more 
adjoining districts in same county, county superintendent may organize and 
establish a consolidated district ; notices, hearing, and appeal shall be same as 
In change of territory from one district to another. When such consolidated 
district is formed, directors of all districts included shall constitute board of 
directors for the same until next annual school election, when three directors 
shall be elected for consolidated district. Whenever a consolidated district, 
by reason of detachments of territory, shall be reduced to approximately the 
size of a district prior to such consolidation, said district shall not receive 
consolidated-district bonus. When two or more districts are consolidated, 
only one of which contains an incorporated city, directors of such city district 
shall constitute board of directors for consolidated district. County superin- 
tendent shall number and describe districts. Consolidated district is entitled 
to public property of districts so united and to funds in excess of indebted- 
ness, except bonded indebtedness ; for purpose of apportionment consolidated 
district shall be considered one district, but shall be credited with 2,000 days' 
attendance in addition to actual attendance for each district, less one, so 
consolidated. Each district composing a consolidated district shall retain its 
corporate existence for payment of its indebtedness. 
See also A (d). District boards and officers. 

West Virginia: See A (f). Administrative units — districts, etc. 

Wisconsin: Whenever an application, signed by at least one-third of legal 
voters in each of two or more districts, shall be filled with town board of 
supervisors or president of village board of trustees or mayor of city in 
which any part of such whole or joint school district is situated, requesting 
consolidation of districts, such officer shall call meeting of proper boards 
interested to consider such question; due notice of such meeting shall be 
given ; when districts are consolidated, a written order to that effect shall be 
made; if for any reason action is not taken on said application, aggrieved 
persons may appeal to State superintendent. If any consolidated district 
shall maintain a first-class rural school, or free high school, and grades below 
a free high school, and school children living more than 2 miles from school 



526 STATE LAWS RELATING TO PUBLIC EDUCATION. 

are transported to such school, the State may repay to such school district 10 
cents per day for each child so transported for at least six months during term 
of school ; arrangements may be made with parents to transport such children ; 
any board receiving such State aid shall annually report to State superintend- 
ent facts relative to such transportation. When new districts are formed, 
assets and liabilities of districts interested shall be adjusted on the basis of as- 
sessed valuation of districts so interested. Any school district organization of 
any kind, town free high schools and union free high schools excepted, consist- 
ing of territory lying in two or more towns or in one or more towns and an 
incorporated village, or any city shall be a joint school district; such district 
shall not be dissolved nor shall boundaries thereof be changed except by 
joint action of proper boards of units affected. If a district shall neglect to 
maintain school for two or more successive years, the territory of such 
district shall be attached to one or more other districts, but this provision 
shall not apply to districts providing for instruction of its pupils in any other 
district. 

Whenever 15 per cent of electors of any rural school district and one or 
more contiguous school districts or subdistricts within or outside of an in- 
corporated village shall petition therefor, school boards of respective districts 
shall meet and fix date of election for consolidation of districts ; consolidation 
shall. carry by majority vote of electors of each district; consolidated district 
shall be deemed organized when any two oflBcers legally elected have accepted 
offices, or when district has exercised privileges of district for term of one 
year. Property of districts so consolidated shall be vested in consolidated 
district; debts against the several districts shall remain a charge against 
such districts ; consolidated districts may borrow money as provided by law ; 
such district shall share fully in the distribution of State and other school 
funds, and, in case a high school is maintained therein, shall also receive aid 
as in case of union free high schools. Special State aid shall be granted to 
consolidated districts, to partially defray cost of erecting and equipping a 
school building, as follows: (1) To such district maintaining one depart- 
ment, one-half cost, not to exceed $500 to any one school; (2) to such district 
maintaining a State graded school of two departments, one-half cost, not to 
exceed $1,500 to any one school; (3) to such district maintaining a State 
graded school of three departments, one-half cost, not to exceed $2,000 to any 
one school; (4) to such district maintaining a State graded school of four 
or more departments, one-half cost, not to exceed $3,000 to any one school; 
(5) to such district maintaining a State graded school and a high school, one- 
half cost, not to exceed $5,000 to any one school. Plans and expense accounts 
for new buildings or additions in such districts must be approved by State 
superintendent. Clerk of board of each consolidated district shall make 
annual report to State superintendent. Officers of any consolidated rural 
school district mny arrange for transportation of pupils. The consolidated 
rural school district shall receive State aid for transportation of pupils upon 
complying with certain requirements. Each district forming part of a con- 
solidated district shall receive its share of school funds as if consolidation 
had not been effected. Electors of consolidated district may direct board to 
enter into an agreement with the parent, guardian, or other person in charge 
of the pupil for transportation of pupils. 

See also A (e). School meetings, elections, etc.; B (e). State aid for ele- 
mentary education. 

Wyoming: See A (f), Administrative units — districts, etc. 



H (f). COMPULSOEY ATTENDANCE. 527 

H (f). Compulsory Attendance; Truancy; Truant Officers. 

See also H (g), Child labor; U (c), Juvenile courts; U (e), Schools for 
dependents and delinquents. 

Arizona: No child under 16 years old shall be employed while school is in 
session unless such child presents a written permit from the board of trus- 
tees; every employer shall require proof that such child has been excused 
from attendance. Every person having control of a child between 8 and 16 
years old shall cause such child to attend a public or private school during 
time such public school is in session. Such attendance may be excused for 
the following reasons: (1) That child is taught at home by a competent 
teacher in common-school branches; (2) tliat he is attending an approved 
private or parochial school; (3) that he is in such physical or mental condi- 
tion, as shown by physician's certificate, as to render attendance imprac- 
ticable; (4) that he has already completed the grammar-school course; (5) 
that reasons are presented satisfactory to a board consisting of president of 
trustees, superintendent, principal or teacher, and a probation officer ap- 
pointed by the superior judge; for violation of this act person in control of 
child may be fined $5 to $25 for each offense. The deputy sheriff, constable, 
city marshal, or attendance officer of the precinct where school district is 
located shall inquire into violations of this act and shall secure the prosecu- 
tion of offenders. 

Arkansas: Person in charge of any child between 8 and 16 years old shall 
cause such child to attend a public, private, or parochial school not less than 

" one-half of the time said school is in session or shall provide such child with 
equivalent instruction at home; every child between 16 and 20 years old not 
lawfully employed shall attend school as if between 8 and 16. Exemptions: 
Child whose parent or guardian is not able to provide proper clothing, the 
mentally or physically incapacitated, those residing 21 miles or more from 
school, child whose labor is needed for the support of the family, child who 
has completed seven grades of the elementary school. School board shall 
furnish books to child not able to purchase the same. District school board 
shall appoint an attendance officer. District board may establish a special 
school for children between 8 and 16 years old who are habitual truants or 
are incorrigible, vicious, or immoral, or wander about without lawful employ- 
ment, and said board may require the attendance of such juvenile disorderly 
persons at said school. Person not sending child to school as required by this 
act may be fined $10 to $25. No child between 8 and 16 years old shall be 
employed while school is in session, unless employer shall present a certificate 
showing that said child has attended school as required in this act or is 
exempt as hereinbefore provided. Certain counties are exempted from the 
provisions of this act. Certain counties not subject to the foregoing act have 
a similar law, but the provision regarding the employment of children be- 
tween 8 and 16 years old- is omitted; also the provision for furnishing free 
textbooks to indigent children applies only to the first four grades. A third 
group of counties (nine in all) have a similar law, but the period of com- 
pulsory attendance is from 8 to 14 and the period during which child must 
attend school unless lawfully employed is from 14 to 16 ; in this group attend- 
ance officers may be appointed only in districts having 3,000 population or 
more ; truant schools may be established only in districts having 10,000 popu- 
lation or more. (Twenty-eight counties are subject to no compulsory-attend- 
ance law.) 



528 STATE LAWS RELATING TO PUBLIC EDUCATION. 

California: Parent or guardian having control of child between 7 and 15 
years old shall send such child to school while public school is in session ; if 
child's bodily or mental condition, as certified by a physician, is such as to 
render it unable to attend school, or if it is receiving approved instruction 
elsewhere, or, being over 12 years old, has received a permit to work, or has 
completed the grammar grades prior to reaching the age of 15 years, or if no 
school is located within 2 miles, school board shall, upon application, excuse 
such child from attendance ; if parent is unable to compel attendance, child 
may be deemed a truant and sent to parental school ; parent or guardian vio- 
lating the provisions of this act shall be guilty of a misdemeanor, and may be 
fined not exceeding $10 or imprisoned 5 days for first offense, and for subse- 
quent offenses $10 to $50 or imprisoned 5 to 25 days; school boards shall 
investigate charges against parents or guardians and file with proper court 
complaints against violators of this act, but where truant ofiicers are em- 
ployed, such officers shall perform his duty ; school board of any city or city 
and county may appoint and remove one or more attendance officers, and 
school-board in district having 600 or more census children, may appoint and 
remove one attendance officer; attendance, peace, or school officer shall ar- 
rest during school hours any child 8 to 14 years old found away from home 
and school and reported by teacher or superintendent as a truant ; such child 
shall be delivered to parent or guardian or to teacher, and if an habitual 
truant shall be presented to a magistrate for commitment to parental school ; 
a child is a truant when absent from school three days or tardy three days, 
and may be so reported ; when reported a truant three times or more a child 
is an habitual truant. School board of a city, city and county, or district 
having 600 or more census children may establish a parental school for 
habitual truants and insubordinate pupils 8 to 14 years old ; school board may, 
with consent of a parent, order such children to attend parental school or be 
detained therein; if parent or guardian objects, then such child may be pro- 
ceeded against in a proper court, and may, by such court, be detained in the 
paternal school until the close of the school year ; if district has no parental 
school, county superintendent shall make complaint against truant and insub- 
ordinate children to superior court, and such court may commit such children 
to some other parental school ; or if there be no parental school in the county, 
may require parents or guardians to present such children at school every 
morning, or parents or guardians may give bond for the attendance and 
proper conduct of such children. City superintendent or school board may 
parole any child committed to or ordered to attend a parental school, except 
when committed by a court, in which case court may parole. Teachers' 
salaries and cost of supplies shall be paid out of common-school fund; other 
expenses, as cost of building, etc., shall be paid out of parental-school fund. 
To establish a parental school, school board shall furnish to city council or 
other governing body evidence of the need for such a school and if such 
governing body consents school board shall furnish to tax-levying authority 
an estimate of money, exclusive of teachers' salaries and cost of supplies, 
necessary to establish and maintain parental school, and needed tax shall 
be levied and collected ; proceeds of tax shall be the " parental-school fund " 
and shall be expended by school board as provided by law. Two or more 
districts or cities may unite to form a joint district for the maintenance of a 
joint parental school. All fines paid for violation of this act shall be paid into 
parental-school fund, if there be one, otherwise to common-school fund. 
Parents or guardian of deaf or blind child shall send such child to a suitable 
institution for five years, or until majority is reached, but school board of 



H (f). COMPULSOKY ATTENDANCE, 529 

district where child resides may excuse such child if it is mentally or bodily 
unfit or is receiving suitable instruction at home or elsewhere. Any justice 
of the peace or recorder of a city or city and county or justice of the peace 
in a township where school district is located or where offense is committed, 
shall have jurisdiction of offenses committed under this act. 

Colorado: Every parent, guardian, or other person having charge of any 
child between 8 and 16 years old shall send such child to a public, private, 
or parochial school during the time public school is in session. Exceptions: 
(1) Children over 14 years old who have completed the eighth grade or 
whose help is needed for their own or their parents' support, or whose best 
interests would be subserved by relief from the provisions of this act; (2) 
children receiving approved instruction at home; (3) children whose bodily 
or mental conditions is certified by physician to be such as to warrant ex- 
emption. Application for exemption shall be made to superintendent of 
schools or, if there be no superintendent, to county superintendent; appeal 
may be taken from decision of such superintendent to county court, whose 
decision shall be final. No child under 14 years old shall be employed while 
the public schools are in session unless the person in charge of such child 
shall have fully complied with the provisions of this act, and every em- 
ployer of such child shall require proof of compliance. All minors between 
14 and 16 years old who can not read and write the English language shall 
attend school at least one-half of each day, or attend a public night school, 
or take approved private instruction ; every employer employing such minor 
shall require that such instruction be had. Every child who does not attend 
school as required, or is incorrigible, an habitual truant, or wanders about 
the streets and public places during school hours or at night is a juvenile 
disorderly person. School directors in districts of the first and second 
classes shall appoint a truant officer; in districts of the third class truant 
oflacer shall be employed and may be paid only for number of days of service. 
Truant officer sliall examine cases of truancy and make complaint against 
person in charge of child who has been out of school for five days or more. 
Whenever a child shall be a juvenile disorderly person, the truant officer 
or any teacher or reputable person may make complaint to county court, 
and on determination of the case said court may commit such child to a 
children's home, if eligible, or to a boys' industrial school or a girls' indus- 
trial school; no child committed to a reformatory shall be detained beyond 
its majority, and any child may be paroled by trustees or released by order 
of the county court. When child is required to work to support itself or 
help support others, authorities charged with the relief of the poor shall 
afford such relief as will enable such child to attend school three hours a 
day. This act shall not apply in districts where school accommodations are 
not sufficient. 

Connecticut: Every parent or person having control of a child between 7 and 
16 years old shall cause such child to attend a public school during the 
hours and term the public school of the district is in session, unless parent 
or guardian can show that such child is elsewhere receiving thorough in- 
struction during said hours and term in the studies taught in the public 
schools. Children over 14 years old who are lawfully employed shall not be 
subject to the provisions of this act. Each week's failure to comply with the 
foregoing requirement shall constitute a distinct offense punishable by a 
fine of not more than $5; said penalty shall not be incurred by indigent 
children. Whenever the town school committee or board of education of a 
town or district shall by vote decide, or whenever the State board of educa- 
3966°— 15 34 



530 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tion shall ascertain that any child between 14 and 16 years old has not suffi- 
cient schooling, said child shall attend school until excused by authority re- 
quiring attendance or until the age of 16 is reached. Attendance at a school 
other than public school shall not be accepted unless teacher thereof shall 
keep an approved register open to inspection and shall report attendance 
to secretary of State board. Every person employing or permitting the 
employment of a child under 14 years old during school hours shall be fined 
not more than $20 for each week child is employed. Every person in control 
of a child who shall make a false statement regarding such child's age shall 
be fined not exceeding $20. No child under 14 years old shall be employed 
in any mechanical, mercantile, or manufacturing establishment. No child 
under 16 years old shall be employed in any mechanical, mercantile, or manu- 
facturing establishment unless the employer shall have first obtained a cer- 
tificate signed by the secretary or an agent of the State board of education, 
or by a school supervisor, superintendent, supervising principal, or acting 
school visitor designated by said State board and stating that said child 
can read and write simple sentences and do fundamental operations of 
arithmetic through fractions, and does not appear to be physically unfit; 
such officer may have child examined by a physician to determine physical 
fitness. Every employer shall notify State board of the beginning and ter- 
mination of employment of each child between 14 and 16 years old in his 
employment. The State board may employ agents to enforce the laws re- 
lating to the employment of minors. The school visitors or the school 
committee of every town shall annually examine into the employment of 
minors in manufacturing establishments in their towns. Each city and town 
may make regulaions concerning habitual truants and children under 16 
years old not lawfully employed and not in school ; city or town having such 
regulations shall appoint three persons to prosecute for violations thereof; 
warrants shall be returnable before any justice of the peace or judge of the 
city or i}olice court ; policemen, bailiffs, constables, sheriffs, and deputy 
sheriffs shall arrest all boys between 7 and 16 who are loitering about the 
streets or public places or who are beyond the control of parent or guardian 
and shall send such boys to school ; if a boy be arrested three time or more 
under this action, he may by judge of the criminal or police court or by 
justice of the peace be committed to a house of instruction or correction for 
not exceeding three years, or if over IC years may, with consent of select- 
men, be committed to the Connecticut school for boys. Upon request of the 
parent or guardian of any girl between 7 and 16 years old, said girl may 
be proceeded against as in the case of boys and court may commit said 
girl to the Connecticut Industrial School for Girls. Janitors of schoolhouses 
may be appointed constable for enforcing this act. 

See also A (bl), State boards; A (d). District boards and officers. 
Delaware: Every person in control of a child between 7 and 14 years old 
shall send such child to school for not less than five months each year, unless 
such child shall be excused by the district school committee, with the approval 
of the county superintendent, on showing of satisfactory evidence that such 
child is prevented from attendance by mental, physical, or other urgent 
reasons ; at annual district meeting period of compulsory attendance may be 
reduced to three months; if no public school is located within 2 miles of 
child's residence, such child shall not be required to attend unless free con- 
veyance is provided; attendance at a public school may not be required if 
child receives in a private school or otherwise instruction approved by county 
superintendent. Violation of the foregoing section shall constitute a mis- 



H (f). COMPULSORY ATTENDANCE. 531 

demeanor, but person in parental relation to a child not attending school 
shall first be notified by county superintendent. School boards and school 
committees in all districts may employ one or more attendance officers ; when 
truant officer is not appointed district secretary or clerk shall serve as such. 
District committee may independently or jointly with other districts estab- 
lish special schools for habitual truants. Truancy and incorrigibility shall 
be deemed disorderly conduct, and a person convicted of the same before a 
justice of the peace, magistrate, or alderman may, where no special school 
exists, be committed to the Ferris Industrial School or to the Delaware 
Industrial School for Girls. The tax assessor shall, when making assess- 
ments, enumerate all children between 7 and 14 years old, and shall report 
such enumeration to the county superintendent, who shall send a list to each 
teacher. After three days of absence each teacher shall report to attendance 
officer and to county superintendent the names of children absent from school 
without lawful excuse. It shall be a misdemeanor for any tax assessor, 
principal, teacher, secretary, or attendance officer to fail to comply with 
the provisions of this act. State treasurer shall withhold one-fourth of the 
State funds from any district failing to enforce this act. In the city of 
Wilmington the board of education shall be charged with the enforcement 
of this act and the police commissioners shall cooperate. 
Idaho: County superintendent shall annually publish compulsory attendance 
law ; clerk of school board shall furnish head teacher with list of children 
8 to 18 years old ; head teacher shall check enrollment against list furnished 
by clerk; head teacher shall report monthly to county superintendent chil- 
dren not in school and not excused; county superintendent shall give such 
names to probation officer who shall give notice to parent ; parent or 
guardian of delinquent child shall be proceeded against as provided by law. 
" Delinquent child " is any child under 18 years old who is delinquent as 
defined at length in the law ; probate courts of the counties shall have juris- 
diction in the case of juvenile delinquent persons; court shall report an- 
nually to governor; proceedings shall be begun on complaint of county 
prosecuting attorney, or of probation officer if there be one; no such child 
shall be incarcerated except when necessary to insure its attendance at 
court, but person responsible for child may make written promise to present 
child at hearing, and if child fails to appear without good cause responsible 
person may be proceeded against for contempt of court; no child under 14 
shall be incarcerated in a jail or lock-up under any circumstances; a child 
under 18 when arrested shall, except in case of felony, be taken directly 
before probate court; court may continue the case from time to time with 
child under care of sheriff, or child may be committed to proper home or 
institution ; child may not be committed beyond 21 years old ; all institutions 
or associations receiving children under this act shall be subject to the same 
inspection and supervision as State charitable institutions; encouraging or 
contributing to the delinquency of a child shall constitute a misdemeanor. 
All parents, guardians, or other persons having care of children shall cause 
them to be instructed in reading, writing, spelling, English, grammar, 
geography, and arithmetic; child 8 to 18 years old shall be sent to a public 
or private school for entire term, but this shall not apply to child over 14 
who has completed eight grades, or is eligible to enter any high school in 
the district, or where its help is necessary for its own or parents' support, or 
when for good cause it should not be required to attend ; if a physician certi- 
fies that child's bodily or mental condition does not permit attendance, child 
shall be exempt during disability; superintendent, if there be one, otherwise 



532 STATE LAWS RELATING TO PUBLIC EDUCATION. 

county superintendent, shall hear applications for exemption, but appeal may 
he taken to probate judge, whose decision shall be final. A "juvenile dis- 
orderly person" is a child who does not attend school as provided in this 
act or who is in attendance at school and is vicious, incorrigible, or immoral, 
or who is an habitual truant or who wanders about the street during school 
hours or at night ; truant officer, teacher, or any reputable person may make 
complaint against juvenile disorderly person; probate court shall determine 
case; such person may be committed to a children's home, the Industrial 
Training School or some other training school; court may transfer incor- 
rigible child from children's home to industrial school; no child shall be 
committed beyond 21 years old; such child may be paroled. Probate court 
may appoint one or more probation officers to work under direction of 
court; court shall fix compensation; in counties of over 5,000 children of 
school age, not exceeding two officers may be appointed; in other counties 
one officer. School trustees shall report cases of truancy, delinquancy, and 
incorrigibility to county superintendent, who shall report them to probate 
court. 

Illinois: Every person having control of any child between the ages of 7 and 
16 years shall cause such child to attend some public or private school during 
the time such school is in session, which shall be not less than six months of 
actual teaching, but this act shall not apply where child is receiving instruc- 
tion in the elementary grades for a like period elsewhere by a competent 
person, nor in case child's physical or mental condition renders attendance 
impracticable, nor in case child is temporarily excused, nor in case child is 
between 14 and 16 years old and is necessarily and lawfully employed. The 
board of education or board of directors, as the case may be, of each district, 
shall appoint one or more truant officers whose duty it shall be to see to the 
enforcement of this law. 

See also U (e), Schools for dependents and delinquents. 

Indiana: Every parent or guardian having control of any child between 7 and 
14 years old, or between 14 and 16 years old if not lawfully employed, shall 
cause such child to attend a public, private, or parochial school during the 
term the common school is in session, unless such child is physically or 
mentally unfit as shown by a physician's certificate. Deaf or partially deaf 
children between 7 and 18 years old shall attend the Indiana School for the 
Deaf unless discharged by the trustees thereof ; blind or partially blind chil- 
dren shall likewise attend the Indiana School for the Blind; such deaf or 
blind children shall not be employed during the terms of said schools. No 
child under 16 years old shall be employed while the schools are in session 
unless said child is over 14 years old, has a certificate from the school execu- 
tive officer or person designated by him, showing his age and that he has 
completed the fifth grade of the common schools, or the equivalent thereof, 
and has a written statement from his employer stating that he has employed 
said child; employer shall keep said certificate on file for inspection; State 
board of truancy shall define occupation as contemplated in this act. At- 
tendance officers may enter places of employment to ascertain whether chil- 
dren are employed therein contrary to this act; employers and persons in 
parental relation to children shall, on request, give desired information to 
attendance officer. County board of education shall appoint a county attend- 
ance officer; in county having less than 25,000 population such officer shall 
also be probation officer. Such officer shall see that the provisions of this 
act are complied with; when any child subject to the provisions of this act 
Is an habitual truant or habitually tardy attendance officer shall notify parent 



.^T$E3^iH>AJSrCE. 533 



or guardian, and if the law is not complied with in five days said officer shall 
make complaint to the juvenile court or any court of record; person violat- 
ing this act shall be guilty of a misdemeanor. Any city having a school 
enumeration of 2,000 or more, or two or more towns or cities having a com- 
bined enumeration of 2,000 or more, may employ an attendance officer. Number 
of officers allowed : Cities of 2,000 to 10,000 enumeration, one officer ; 10,000 
to 20,000, two ; 20,000 to 30,000, three ; 30,000, to 40,000, four ; 40,000 or more, 
five or more officers ; school trustees or board of school commissioners shall 
appoint such officers who must have completed the eighth grade or the equiva- 
lent thereof. Each teacher shall keep a record of the attendance of all 
pupils between 7 and 16 years old, which record shall be open to school 
authorities. State superintendent, a member of State board of education 
designated by said board, and the secretary of State board of charities shall 
constitute the State board of truancy, which shall be charged with the ad- 
ministration of this act. School corporations shall furnish books and clothing 
to indigent children subject to the provisions of this act, and the overseers of 
the poor shall repay said corporations. School corporations may maintain 
separate schools for incorrigible and truant children. Any child subject to 
the provisions of this act who habitually absents himself from school may 
be declared by the attendance officer and superintendent of schools of the 
county or of the city where such child resides a confirmed truant; such 
truant may be committed by the juvenile court or any court of record to the 
Indian Boys' School, if a boy, or to the Indian Girls' School if a girl. For 
the expenses of carrying out this act school corporations may levy a tax of 
not exceeding 5 cents on each $100 of taxable property. School enumerators, 
in taking the annual census, shall record the place and date of birth of every 
child enumerated and parent or guardian shall take oath that such record 
is true. School executive officer of each corporation shall on the first day of 
each school year furnish truant officer with a list of children subject to the 
provisions of this act. 

See also O (a), Industrial education, general. 
Iowa: Any person in charge of any child between 7 and 16 years old who is 
in proper physical and mental condition shall cause such child to attend some 
public, private, or parochial school, or to attend upon equivalent instruction 
by a competent teacher elsewhere for at least 24 consecutive school weeks 
in each school year, but directors in cities of first and second classes may re- 
quire attendance for the entire term ; this section shall not apply to children 
living more than 2 miles from school unless transportation is provided, nor to 
those excused by a court of record, nor to those temporarily receiving re- 
ligious instruction, nor to those over 14 who are regularly employed or have 
qualifications equivalent to graduation from the eighth grade. Principals of 
private and parochial schools shall report annually, and on individual cases 
when required, the attendance of all children in said schools; parent or 
guardian having child instructed by a private teacher shall likewise report 
to secretary of board; any person having a child physically or mentally 
unable to attend school shall give proof of the same. Any school corporation 
may establish a truant school ; habitually vagrant, disorderly, or incorrigible 
children may by a court of record be committed to one of the State industrial 
schools. Any school corporation may, and any such corporation having a 
population of 20,000 or more shall, appoint one or more truant officers; it 
shall be the duty of said truant officer to take into custody without warrant 
any child between 7 and 16 who absents himself from school without excuse 
and place said child in a school which he is entitled to attend. When child 



534 STATE LAWS RELATING TO PUBLIC EDUCATION. 

fails properly to attend school or fails to act properly in school where placed 
directors may remove child therefrom and place him in a truant school. It 
shall be the duty of the director or president of the board of directors or 
truant officer to enforce this act and to recover the penalties provided herein. 
All teachers, county superintendents, and other school officers shall promptly 
report to the secretary of the school corporation any violations of this act, 
and said secretary shall notify the president of the board, which shall take 
such action as the facts justify. Directors may prescribe reasonable punish- 
ment for truants. All persons empowered to take the school census shall 
enumerate children between 7 and 16 years old in their districts, the num- 
ber of such children not attending school, and so far as possible ascertain 
the reason therefor. 
Kansas : Every person having control or charge of a child between the ages of 
8 and 15 years shall cause such child to attend a public or private school 
during time such school is in session, but any child over 14 years old who 
can read and write the English language and is actively and regularly em- 
ployed for support of himself or those dependent upon him shall not be re- 
quired to attend longer than eight consecutive weeks; any child who has 
graduated from the common schools of the county or been admitted to high 
school in any city shall be exempt ; any child who is physically or mentally 
incapacitated as shown by examination by physician shall be exempt. County 
superintendents shall divide their respective counties outside of cities of first 
and second classes into not less than one nor more than five truancy districts, 
and county commissioners on nomination of superintendent shall elect a 
truant officer for each district; board of education in cities shall appoint 
truant officers ; each truant officer in his respective district shall see that the 
provisions of this act are carried out ; on receiving complaint that child sub- 
ject to the provisions of this act is habitually absent from school he shall 
give notice to person in charge of such child, and if child is not in school 
within five days he shall proceed against said person in charge before the 
juvenile court or other court of competent jurisdiction. It shall be unlawful 
for any merchant, company, or other party, without the written consent of 
the school board, to employ any child between 8 and 15 years old residing in 
the district while the schools are in session ; person in charge of child delin- 
quent in attendance and any merchant, company, or other party employing 
such child contrary to this act may be fined not less than $5 nor more than 
$25 for each offense ; fines collected shall be applied to the support of the com- 
mon schools. In case a pupil becomes an habitual truant or a menace to the 
best interests of the school, truant officer shall report to person in charge of 
such pupil, and if such person shall state in writing that child is beyond his 
control truant officer shall proceed against such child as a juvenile disorderly 
person. In cities of first and second classes not exceeding one truant officer 
for every 10,000 children shall be appointed. Truant officers shall receive $2 
per day for actual service rendered. School officers shall make all reports 
required by county superintendent or by school board of city of first or sec- 
ond class; teachers shall report monthly to county superintendent all pupils 
who have been truant or habitually absent during the. previous month, and 
superintendents shall bring such cases to the notice of truant officers. In 
taking school census enumerators shall take name, place, and date of birth 
of each child enumerated and parent or guardian shall take oath to such 
facts. Every person, company, corporation, or association having charge of 
any deaf, dumb, or blind child between 7 and 21 years old shall cause such 
child to attend some suitable school where deaf and blind are educated; 



H (f). COMPULSOEY ATTENDANCE. 535 

skilled private instruction may be. substituted. Children in asylums shall be 
educated. 

Kentucky: Parent or guardian in any city of first, second, third, or fourth 
class having control or supervision of any child between 7 and 16 years old, 

^ inclusive, shall cause such child " to attend some public or private day or 
parochial school " regularly for full term of such school, provided it is 
not shorter than that of the public schools; this act shall not apply when 
child is taught at home in same branches for a like period and subject to 
same examination ; court may order child to submit to such examination by 
city superintendent. Board of education may excuse child if not in proper 
physical or mental condition; failure to comply with act or false statement 
punishable by fine or imprisonment or both ; parent or guardian may set up 
in his own defense that he can not compel compliance, then child shall be 
proceeded against as delinquent; official record of age required; fines and 
penalties go to public schools. 

In July in each year board of education in cities of first, second, third, and 
fourth classes shall appoint at least one person for each 10,000 school children 
as truant officer; in cities of first and second classes may appoint a chief 
truant officer to supervise, direct, and control, under city school superintend- 
ent, work of all truant officers in city. Truant officers shall examine into 
cases of truancy, give written notice, and proceed against parents or guardians 
for violation of this act or of child-labor law; county coijrt shall have juris- 
diction ; school officers and teachers required to furnish report to State super- 
intendent or city superintendent workings of this law ; city superintendent of 
first, second, third, and fourth classes shall furnish truant officer list of all 
children between 7 and 16 years old; school principals shall report names of 
absentees without lawful excuse; truant officer must examine case and take 
necessary steps to compel attendance. Proper officers in cities of first and 
second classes authorized to equip one or more parental or truant schools 
where delinquent children may be detained for discipline and instruction; 
this school shall not be located outside of county ; no religious instruction 
shall be given in this school except such as is allowed in public schools ; child 
committed to this school may return home on probation, subject to super- 
vision ; any child who shall violate the terms of his probation shall return to 
school and not be released again within three months; if such child shall 
violate the terms of a second release he shall be recommitted for one year. 

Parents and guardians living within bounds of county school district law 
shall cause children between 7 and 12 years old, inclusive, " to attend some 
public or private day or parochial school" regularly for the full common- 
school or graded common-school terms ; this act not to apply if child is being 
taught at home in same branches and is subject to same examination as other 
pupils, which examination county superintendent may order ; county board of 
education may excuse child if it is not in proper physical or mental condition ; 
false statement by parent or guardian punishable by fine or imprisonment or 
both ; such person may prove in his defense that he is unable to compel com- 
pliance and child shall be proceeded against as delinquent; teachers shall 
report absentees and county board of education shall notify parents or 
guardian; county court shall have jurisdiction of cases under this law; official 
record of birth shall be produced as to age. 

See also A (f). Administrative units — districts, etc.; H (g). Child labor. 

Louisiana; Parents, guardians, or custodians of children between ages of 8 
and 14 years, in cities of over 25.000 inhabitants, parish of Orleans excepted, 
shall send such children to the public schools or other schools continuously 



536 STATE LAWS RELATING TO PUBLIC EDUCATION. 

for at least four montlis each year, if .schools for the races are opened to 
receive such minors for such time ; this act shall not apply to minors defective 
mentally or physically or where such minor is the sole dependence of infirm 
persons or a mother or sisters in necessitous circumstances ; violation of this 
act shall constitute a misdemeanor punishable by fine of not less than $10 nor 
more than $100. 

Every parent, guardian, or custodian residing in the parish of Orleans, hav- 
ing control of a child between ages of S and 14 years, shall send such child 
to a public, private, denominational, or parochial day school during time 
school is in session; such child may bo excused from attendance by the at- 
tendance or truant officers on account of defective mental or physical condi- 
tion, or if child is being properly instructed at home, or if child has completed 
elementary course of study, or if school accommodations within 20 city blocks 
are inadequate. Every child between ages of 14 and 16 years shall be caused 
to attend school unless regularly and lawfully engaged in some useful em- 
ployment for at least six hours per day. 

See also A (cl), County boards. 
Maine: Towns may make such by-laws not repugnant to law concerning 
habitual truants and children between 6 and 17 years old not attending 
school and without lawful occupation as are conducive to their welfare ; pen- 
alty of not exceeding $20 may be annexed for breach thereof; such by-laws 
must have approval of supreme judicial court. Truant officers shall make 
complaints and execute judgments of magistrate; said magistrate may order 
children growing up in truancy and without benefit of education to be placed 
in a suitable institution. Every child between 7 and 15 years old and every- 
one between 15 and 17 who can not read at sight and write legible English 
sentences shall attend some public day school during time school is in ses- 
sion; absence of one-half day or more is truancy, but school committee or 
superintendent may excuse such absence ; attendance shall not be required of 
pupils attending an approved private school or receiving instruction in other 
approved manner ; committee may exclude any child whose mental or physical 
condition makes it inexpedient for him to attend. All persons having control 
of children shall send them to school as provided in this act ; penalty for vio- 
lation, fine of not over $25 or imprisonment for not over 30 days. Children 
living remote from schoolhouse may be permitted to attend a school, other 
than a high school, in another town and home town shall pay tuition fees. 
School committee of any city or town shall annually elect one or more truant 
officers, who shall inquire into and make complaint for violations of this act; 
such officers shall, when directed by superintendent or committee, visit manu- 
facturing, mercantile, and other business establishments to ascertain whether 
minors under 15 years old are employed therein ; they shall report any illegal 
employment to superintendent or school committee and to commissioner of 
labor. Owner, superintendent, or agent of all such establishments shall, when 
requested, produce such evidence of ages of employees as he has, together 
with schooling certificates required to be filed. Truant officer may be fined 
$10 to $50 for neglect of duty ; town failing to comply with this act may be 
deprived of State school fund. Any child absent from school 5 days or 10 
half days shall be deemed an habitual truant and shall be proceeded against ; 
any person contributing to truancy of a child may be fined $20 or be im- 
prisoned 30 days. Habitual truant, if a boy, may be committed to State School 
for Boys ; if a girl, to Industrial School for Girls. Police or municipal courts 
or trial justices shall have jurisdiction. 

See also A (f), Administrative units — districts, etc. 



H (f). COMPULSOEY ATTENDANCE. 537 

Maryland: Every child residing in Baltimore city between 8 and 14 shall 
attend some day school regularly during entire period of each year unless it is 
elsewhere receiving regularly thorough instruction; superintendent may ex- 
cuse necessary absence or when mental or physical condition make it imprac- 
ticable; children 14 to 16 shall be subject to these requirements unless regu- 
larly and lawfully employed at home or elsewhere ; persons failing to comply 
with this act or inducing children to absent themselves are guilty of a misde- 
meanor. Board of school commissioners of Baltimore city shall appoint one 
"chief attendance officer, male or female," and assistants up to 18; board of 
school commissioners may appoint for the counties such attendance officers 
as they deem ncessary ; such officers shall have power to arrest without war- 
rant any child between 8 and 16 found away from home, who is a truant or 
who fails to attend school ; officer shall deliver child so arrested to the person 
in parental relation, to the teacher, or, if the child "be a habitual or incor- 
rigible truant," bring before a magistrate for juvenile causes or a justice, who 
may commit him to a parental school or parole him. Mayor and city council 
of Baltimore and boards of school commissioners for the counties may estab- 
lish parental schools for children between 8 and 16 who are habitual 
truants; two or more boards may jointly establish such school; police 
commissioners of Baltimore shall take census of all children 6 to 16 and 
furnish such record to school board; principal of every public or private 
school shall report names of all children enrolled who without cause miss 
three days or equivalent thereof within eight weeks ; attendance officers may 
visit all establishments where minors are employed and may require that cer- 
tificates provided for minors be produced; violations constitute a misde- 
meanor. 

Every child in any county in the State 8 to 14 shall attend some day school 
regularly, " in no case less than four months," unless it is receiving regularly 
thorough instruction elsewhere; superintendent may excuse necessary ab- 
sence and on account of mental or physical condition ; children 14 to 16 sub- 
ject to requirements of this act " unless regularly and lawfully employed at 
home or elsewhere " ; certain counties exempted from this act and remain 
under act of 1902. 

Every deaf or blind child 6 to 16 shall attend school for scholastic year, 
unless regularly receiving thorough instruction elsewhere ; superintendent may 
excuse; if parent is financially unable to pay cost of transportation, school 
shall pay it ; failure to comply with this act, or inducing child to absent him- 
self, a misdemeanor ; principals and truant officers shall furnish boards names 
of all deaf, blind, or feeble-minded children who do not attend school ; boards 
shall certify these names to principals of State schools. 
Massachusetts: Every child between 7 and 14 years old, every child under 16 
years old who can not read, write, and spell in the English language as is re- 
quired to complete the fourth grade of the public schools, and every child 
under 16 years old who has not received an employment certificate and is 
not engaged in some employment for at least six hours per day or has not 
the written permission of the superintendent to engage in profitable employ- 
ment at home, shall attend a public day school in his city or town or some 
other day school approved by the school committee during the entire time the 
public schools are in session, subject to such exceptions as are hereinafter 
provided; such attendance shall not be required of mentally or physically 
incapacitated children or of children being instructed in a manner approved 
by the superintendent of schools ; superintendent, or teachers when authorized 
by superintendent, may excuse cases of necessary absence for other causes 



538 STATE LAWS RELATING TO PUBLIC EDUCATION. 

not exceeding five days in any period of six months ; school committee shall 
approve a private school only when instruction is in the English language and 
when such instruction is equivalent to that of the public schools, but they 
shall not refuse to approve a private school on account of the religious teach- 
ing therein. Every person having under his control a child as hereinbefore 
mentioned shall cause such child to attend school as required, and, if he fails 
for five days in any period of six months to cause the attendance of such 
child, he shall be fined $20. Whoever induces a child to absent himself un- 
lawfully from school, or harbors or employs a child while school is in session, 
shall be fined not less than $10 nor more than $50. Every child of school age 
shall have a right to attend the public schools of the city or town where he 
resides ; no child shall be excluded from the public schools on account of race, 
color, or religion. Nonresident pupils shall pay tuition equal to the average 
cost per pupil to the school where such nonresidents attend, except in outside 
high schools as hereinbefore provided, or in cases where the committee of the 
city or town of residence of such child shall agree to pay the same. The tui- 
tion of any child between 5 and 15 years old who shall be placed elsewhere 
than in his own home by the State board of charity or by the trustees of the 
Massachusetts training schools shall be paid by the State at rate of not more 
than 50 cents per week ; the tuition of any child placed by the trustees for 
children of the city of Boston shall be paid by said city at same rate; the 
transportation of such children shall be paid by the State or by the city of 
Boston at the same rate that the same is paid for by the school where such 
child attends; money so paid shall be applied to the support of schools. An 
institution containing more than six inmates shall pay to the town where 
located, if such town contains less than 10,000 inhabitants, the additional ex- 
pense incurred by such town in instructing such inmates in the public schools ; 
but no demand shall be made on such institution without a vote of the town 
instructing the school committee to that effect. Any child, with the consent 
of the committee of the city or town where he resides, may attend, at the ex- 
pense of said city or town, the public schools of another city or town, upon 
terms satisfactory to the cities or towns interested. Any person in control of 
a child who has been refused admission to or excluded from school may 
recover damages from the city or town in an action of tort for unlawful ex- 
clusion. A school committee shall not permanently exclude a pupil from 
school for misconduct without first giving him an opportunity to be heard. 

Every illiterate minor between 16 and 21 years old shall attend some public 
evening school in the city or town in which he resides for whole time during 
which public evening schools are in session, if such city or town maintains 
such school; attendance at a public day school or approved private school 
shall exempt such minor from attending a public evening school ; an illiterate 
minor who willfully violates the provisions of" this act shall be fined not less 
than $5; every person having under his control such illiterate minor shall 
cause him to attend said evening school, and if such person fails for six ses- 
sions within a period of one month to cause the minor to so attend school, un- 
less the minor's physical or mental condition is such as to prevent attendance, 
such person shall be punished by a fine of not less than $20 ; whoever induces 
such minor to absent himself unlawfully from school, or employs such minor 
contrary to law, or harbors such minor while school is in session shall be 
punished by fine of not more than $50, 

No oflScial shall charge any fee for a certificate relating to the age or place 
of birth of any minor or to any other fact sought to be established in relation 
to school attendance. 



H (f). COMPULSORY ATTENDANCE. 539 

See also B (c), Permanent State school funds; M (d), Vacation schools, 
playgrounds, etc.; O (d). Continuation schools; U (e), Schools for dependents 
and delinquents. 
Michigan: Every person having control and charge of any child between 7 
and 16 years old shall send such child to the public schools during the time 
the schools of the district are in session. Exceptions: (1) Any child being 
taught the public-school subjects in a private or parochial school, or having 
completed sufficient work to entitle him to an eighth-grade diploma and 
holding a labor permit; (2) any child who has received an eighth-grade 
diploma from the public schools and holds a labor permit; (3) any child 
who is physically unable to attend school, but truant officer may require a 
physician's certificate; (4) any child over 14 whose services are needed for 
the support of parents, if excused by county commissioner of schools or city 
superintendent; (5) any child under 9 years old not residing within 2 J miles 
from school and not having transportation provided; (6) any child 12 to 14 
years old while attending confirmation classes conducted for not exceeding 
five months. The county commissioner of schools in each county shall appoint 
a truant officer for the county, but in cities having a duly organized police 
force police authorities shall, on request of board of education, detail one or 
more policemen to act, or board of education may appoint a truant officer; 
in graded-school districts board of education may appoint one or more truant 
officers; in the Upper Peninsula townships organized as single districts may 
appoint truant officers. County truant officers shall receive $3 per day while 
employed, which shall be paid from general county funds ; other officers shall 
receive such pay as fixed by appointing authority. The school director of 
each school district, except in city, graded, and township districts, shall fur- 
nish the teacher with a copy of last school census and the names of the per- 
sons in parental relation, and teacher shall report to county commissioner 
of schools the names of parents or guardians of children of compulsory 
school age who are not in school. In all city, graded, and township districts 
secretary of board of education shall report school census to superintendent 
of schools, who shall report names of parents or guardians of children not 
attending to proper truant officer. T Truant officers shall investigate all cases 
reported to them and proceed against offenders. When truant officer receives 
notice of nonattendance of any pupil required to attend under this act he 
shall within 24 hours notify person in parental relation that such pupil shall 
be presented at school on the following day. In dase of failure of person in 
parental relation to comply with notice, truant officer shall make complaint 
to a justice of the peace, who shall hear and determine the case, but in cities 
having a recorder's court said complaint may be made before the magistrate 
of such court or before a justice of the peace. All school officers, superin- 
tendents, teachers, and other persons shall assist and give information to 
truant officers. In any graded or city district school board may establish 
one or more ungraded schools for habitual truants, incorrigible pupils, and 
children who habitually wander about streets and other public places with- 
out lawful occupation. Every person in parental relation to any child be- 
tween 7 and 18 years old who is deaf or too deficient in hearing to receive 
instruction in the public schools shall send such child to some school for the 
deaf; on failure of such person so to do, such child shall be sent to the 
Michigan School for the Deaf, at Flint. County shall pay for transportation 
of indigent deaf children to the Michigan School for the Deaf. The general 
compulsory-attendance law shall apply in the execution of the act relating 
to deaf children. 



540 STATE LAWS RELATING TO PUBLIC EDUCATION. 

The board of education of any district may, after investigation by the 
truant oflBcer, order paid to the parents of children whose parents need their 
support not exceeding $3 per child and not exceeding $6 to any family in 
order that children of compulsory-attendance age may attend school. 

Minnesota: Every child between 8 and 16 years old shall attend a public or 
private school in each year during the entire time the public schools in the 
district where the child resides are in session, but in districts where schools 
are of different length children shall attend at least the entire time of the 
shorter term. Any child may be excused from attendance if it can be shown 
that such child's bodily or mental condition prevents his attendance or ap- 
plication to study; or that such child has completed studies of eighth grade; 
or that no school is within reasonable distance of residence of such child ; or 
that weather and travel conditions prevent attendance. Any child 14 years 
old or over may be excused from attendance between April 1 and November 1 
in any year, when his services are required in or about his home, except in 
cities of the first and second class; a child may be absent when attending 
upon instruction according to the ordinances of some church; clerk of board 
shall keep a record of all such absences. The principal of a common, semi- 
graded, or consolidated rural school shall report names of absent unexcused 
pupils, with names and addresses of parents, to county superintendent ; teach- 
ers in State graded and State high schools shall report such absences to the 
principals or superintendents of such schools; said county superintendent, 
principal, or school superintendent shall notify parents of absence of such 
children, and upon neglect or refusal by parents to comply with attendance 
requirements, shall notify the county attorney, who shall take action in such 
cases. Private schools shall make attendance reports to the proper officials. 
Any person who shall fail or refuse to keep in school a child over whom he 
has control, when notified to do so, such child being of school age, or who in- 
duces such child to remain away from school, or who harbors or employs such 
child, shall be guilty of a misdemeanor. Any school oflScer failing to abide 
by provisions of attendance law shall be guilty of a misdemeanor; commis- 
sioner of labor shall assist in the enforcement of the attendance law. Once 
in each year in every district a census shall be made of all children between 
6 and 16 years old; such census shall be taken by the clerk of the school 
board or by some person appointed by the board, the compensation for which 
shall be 3 cents for each child, except in cities where the school board may 
fix such compensation; special State aid shall be withheld from districts 
which fail to take school census. School boards may maintain ungraded 
schools for habitual truants, incorrigible, vicious, or immoral children, and 
those who habitually wander about the streets during school hours without 
employment ; whenever such schools are inadequate for the correction of any 
child, such child may be committed to the State training school by any proper 
court or magistrate, such child being under 17 years old. The board of any 
district may apoint truant officers, fix their salary, and prescribe their duties ; 
such truant officers shall make annual reports to State superintendent; no 
fees shall be allowed truant officers. No child under 14 years old shall be 
employed in any manufacturing plant or engineering work; it shall be unlaw- 
ful for any person, firm, or corporation to so employ a child under 14 years 
old, except in theatrical exhibitions, upon consent of mayor or like officer. 
No child over 14 years old and under 16 years old shall be employed in any 
business during hours school is in session, except when such child shall pos- 
sess an employment certificate; said employment certificate shall be issued 
only by the superintendent of schools or chairman of board of education or 



H (f). COMPULSOEY ATTENDANCE. 541 

by person authorized by either one of such officials, but such certificate shall 
not be issued to any child in or about to enter employment of such official 
appointing, or the employment of any business with which such official shall 
be in any way connected. No employment certificate shall be issued to any 
child unless it shall be shown that he has completed required school work; 
that he is 14 years old ; that he is in sound health and physically able to per- 
form such work as shall be required. So child shall be granted such cer- 
tificate who is not able to read and write simple sentences in English. Em- 
ployment certificate shall state place and date of birth of holder thereof, 
and shall give physical description of child. School officials granting employ- 
ment certificates shall certify the same to the State commissioner of labor. 
No person under 16 years old shall be permitted to work at any gainful occu- 
pation more than 4S hours in any one week, nor more than eight hours per 
day, or between 7 o'clock p. m. and 7 a. m. Any violation of employment law 
shall be deemed a misdemeanor. Truant officers shall have access to all 
places where children are employed. No child under 16 years old shall be 
engaged in any employment dangerous to life, health, or morals. No boy 
under 18 years old shall be employed as a messenger for a telegraph or mes- 
senger company before 5 o'clock a. m. or after 9 o'clock p. m. ; and no girl 
under 21 years old shall be thus employed at any time; a violation of these 
provisions shall be a misdemeanor. When an employed child shall appear un- 
able to perform work required, employer shall be required to secure the ap- 
proval of a reputable physician in order to continue such employment. 
See also T (b). Schools for the deaf. 
Missouri: Every person in charge of any child between 8 and 14 years old 
shall cause such child to attend some day public, private, or parochial school 
during at least three-fourths of the time such school is in session, or shall 
give such child approved instruction at home; every person in charge of a 
child between 14 and 16 who is not lawfully employed shall cause said child 
to attend school. Exemptions: When person in charge is unable to provide 
clothing, when child is physically or mentally incapacitated, when there is 
no public school within 2i miles by the nearest road, or when child has 
completed the common-school course. The school board of any district having 
1,000 or more inhabitants shall appoint and remove at pleasure one or more 
attendance officers to enforce the provisions of this act. The secretary of 
the board in any city, town, or village, or the clerk in other district, shall 
at the beginning of the term furnish the teacher with a copy of the last 
enumeration ; teacher shall compare enumeration with enrollment and report 
to attendance officer the names of nonattendants. Secretaries and clerks 
of boards shall, before the end of the first three-quarters of the school term, 
report to county superintendent names of persons having charge of children 
in their districts who are not complying with the provisions of this act; 
county superintendent shall report those not complying to the prosecuting 
attorney, who shall proceed as in other misdemeanor cases. The school 
board in any district having 10,000 or more inhabitants may establish and 
maintain from public-school funds one or more schools for truant and incor- 
rigible pupils or pupils who require special attention and instruction; such 
board may establish and maintain a parental school for the education of 
any child resident who is adjudged to be delinquent, and committed to it 
by a court of competent jurisdiction; but for every child thus committed 
there shall be paid to the board of education, out of the general treasury of 
said city or county, $10 per month. Attendance officers shall give notice to 
parents or guardians not complying with this act, and parent or guardian 



542 STATE LAWS RELATING TO PUBLIC EDUCATION. 

not complying within 10 days after such notice shall be guilty of misde- 
meanor. Every school board in the State shall, 10 days before school opens 
each year, publish a synopsis of this act in a newspaper or by posting copies 
of the same. 

Montana: All persons having charge of children shall instruct them or cause 

them to be instructed in reading, spelling, writing, language, English gram- 
mar, geography, history and civics, physiology and hygiene, and arithmetic. 
Every person having charge of a child 8 to 14 years old shall send such 
child to a public or private school for full term, but such term shall not be 
less than 16 weeks; superintendent, clerk of school board not having super- 
intendent, or principal of private school may excuse child whose bodily or 
mental condition does not permit of attendance, or such authority may excuse 
child being properly instructed at home; county superintendent may excuse 
children living at too great distance from school; all children between 14 
and 16 years old not regularly employed shall attend school for full term; 
person having charge of child between 8 and 14 and not complying with 
this act shall be fined $5 to $20. No child under 14 years old shall be 
employed by any person, firm, or corporation while schools are in session 
unless such child shall produce an age-and-schooling certificate, which shall 
be issued upon proof of age of child and of his having completed the studies 
mentioned in first section of this act; if child be between 14 and 16 years 
old he must be able to read intelligently and write legibly the English lan- 
guage before being employed; employer shall keep age-and-schooling certifi- 
cate open to inspection of truant officer; employer violating this section 
shall be fined $25 to $50. In districts of first and second classes school 
board shall appoint one or more truant officers; in districts of third class 
board may appoint a constable or other person as truant officer; where no 
such officer is appointed county superintendent shall act; compensation 
shall be fixed by board appointing. Truant officers shall have police powers, 
may enter places of employment to inspect child labor, shall take into 
custody minors required to be in school and return them to school, shall 
institute proceedings against violators of this chapter, and perform such 
other duties as may be deemed necessary by superintendent or school board. 
Principals and teachers shall report to district clerk names, ages, and resi- 
dences of all pupils in attendance; they shall also report to truant officer, 
superintendent, or clerk all cases of truancy or incorrigibility in their 
schools. When any child between 8 and 14, or any child between 14 and 16, 
who can not read and write, or who is not regularly employed, is not attend- 
ing school as required, truant officer shall notify person in charge of such 
child that it must be in school within two days; if person so having charge 
fail to cause such child to attend school within prescribed time, truant officer 
shall make complaint to court of competent .iurisdiction against such person 
and court may fine such person $5 to $20 or may require bond of $100, con- 
ditioned on sending child to school. Every child required to go to school 
who is an habitual truant, or is incorrigible in school or who is immoral, 
or wanders about streets and public places during school hours shall be 
deemed a juvenile disorderly person. If person in charge of child is unable 
to cause child to attend school as required, truant officer shall make com- 
plaint against such child, and district court may, if child be found to be a 
juvenile disorderly person, commit to State industrial school. If a child is 
unable to attend school because of having to work for support of those 
entitled to its services and who are unable to support themselves, truant 



H (f). COMPULSORY ATTENDANCE. 543 

officer shall report case to authorities in charge of relief of the poor, and 
authorities shall afford such relief as will enable child to attend school. 
School board shall furnish books, medical aid, and clothing where necessary. 
See also A (c2), County officers. 

Nebraska: In school districts other than city and metropolitan districts every 
person having charge of any child not less than 7 nor more than 15 years old 
shall, during each school year, cause said child to attend the public day 
school for not less than 12 weeks ; if schools in such districts shall be in ses- 
sion more than 12 weeks in the year, said child shall be caused to attend 
school not less than two-thirds of such time. In city and metropolitan dis- 
tricts children shall attend the public day school for entire time such school 
is in session if such children are not less than 7 nor more than 16 years old. 
Children shall be exempt from these provisions if for the required period of 
attendance they shall attend a private or parochial school; or shall be in- 
structed at home or elsewhere by a qualified person ; or where, being 14 years 
old, they shall be employed for their own support or support of those actually 
dependent upon them, but such children may be required to attend evening 
schools ; or if they are physically or mentally incapacitated for school work ; 
or if they live more than 2 miles from the schoolhouse and free transportation 
is not furnished. All persons of from 7 to 18 years old who, by reason of 
partial or total blindness or deafness, are unable to obtain an education in 
the public schools, shall be required to attend the institute for the blind or 
the school for the deaf, unless such persons are being privately educated, or 
unless they are not subject for admission to the deaf and dumb and blind 
institute of Nebraska. Teachers in schools other than public schools shall 
keep complete records of students and make reports to county superintendent 
on blanks prepared by State superintendent; in city districts such teachers 
shall make reports to city superintendent. Boards of education in cities, vil- 
lages, and metropolitan cities shall appoint one or more truant officers, who 
shall qualify as police officers, and who shall enforce the attendance law; 
compensation of truant officers shall be fixed by board and paid out of general 
school fund. In all school districts it shall be the duty of teachers and school 
officials, who shall know of violations of the attendance law, to report the 
same to the county superintendent; county superintendent shall warn per- 
sons in control of children so violating the attendance law, and upon con- 
tinued failure to abide by said law, county superintendent may enter action 
against such persons before the county judge; if the violation occurs in any 
city, superintendent may file complaint before the police judge. A violation 
of compulsory-attendance law shall be deemed a misdemeanor. The board 
of education in cities may establish and conduct special schools for the in- 
struction of children who can not profitably or properly be cared for in the 
usual schools. An annual school census shall be made of school children. 

Nevada: Each parent or guardian having control of any child between 8 and 
16 years old shall be required to send such child to school in district where 
child resides during time school is in session. Child shall be excused from 
attendance when eight grades of prescribed grammar-school course shall have 
been completed, when attending a private school of equal rank to public 
school, when labor of such child is necessary for its own or its parents' sup- 
port, or when residing at such a distance from school that attendance is 
impracticable or unsafe. A child absent from school three days without a 
valid excuse shall be deemed a truant ; part-day absence is counted as whole 
day ; notice of truancy shall be sent to parents or guardians ; a second offense 



544 STATE LAWS EELATING TO PUBLIC EDUCATION. 

of one day's absence without valid excuse is deemed truancy ; a child who is 
a truant three or more times in one year shall be deemed an habitual truant. 
Any parent or guardian, after being notified of a child's truancy, and who 
fails to prevent subsequent truancy, shall be deemed guilty of a misdemeanor. 
Trustees may appoint truant officers, fix compensation, and prescribe duties 
of same. Truant officers may arrest, without warrant, any child between 8 
and 16 years old who has been reported to him as an unexcused absentee. 
Trustees may set aside special rooms and elect special teachers for insubordi- 
nate pupils and truants, but such pupils may be restored to their original 
classes upon good behavior. Any person employing child of school age, or 
inducing absence of such child unlawfully, shall be deemed guilty of a mis- 
demeanor. Whenever the United States Government causes to be erected 
and maintained a school for general educational purposes in Nevada, eligible 
children between 8 and 18 years old shall be required to attend, but free 
transportation shall be furnished such children, unless residing less than 10 
miles therefrom. 

New Hampshire: No person shall attend school in a district of which he is 
not an inhabitant without consent of district or school board. No child 
shall attend school unless he has been vaccinated or has had smallpox unless 
he is unfit for vaccination. No child infected with a communicable disease 
shall be allowed to attend school. Any person knowingly violating this 
provision shall be fined $10 for each offense. School board may dismiss any 
child from school for just cause. No child assigned to any school by the 
board may attend another school until assigned thereto. If any pupil after 
notice shall attend or visit a school which he has no right to attend, he shall 
be fined $5 for first offense and $10 for any subsequent offense or be im- 
prisoned not exceeding 30 days. Districts may make by-laws regarding at- 
tendance of children upon school. 

Every person having control of a child between the ages of 8 and 14 years 
or of a child under 16 years old, unless such child has completed the course 
in the elementary schools, shall cause such child to attend the public school 
all the time such school is in session unless child is excused because his 
mental or physical condition is such as to prevent his attendance or because 
he is instructed in an approved private school for the proper length of time. 
Violators of these provisions shall be fined $10 for first offense and $20 for 
every subsequent offense ; but in case any person in control of a child deems 
it to be against the moral and physical welfare of such child to attend the 
particular school required by law after notice to school board of such school 
the State superintendent may order the child to attend another school in 
the same or in another district, the resident district of such child paying 
expenses incident to education of child so transferred. Any person not a 
pupil who shall wilfully disturb any school shall be fined not exceeding $50 
or be imprisoned not exceeding 30 days. No certificate shall be issued for 
attending any private school unless the school board of district in which 
such private school is located shall deem such private school equivalent to 
public school. 

No child under 14 years old shall be employed or permitted or suffered to 
work in, about, or in connection with any mill, factory, ' workshop, quarry, 
mercantile shop, store, business office, telegraph or telephone office, res- 
taurant, bakery, hotel, barber shop, apartment house, bootblack stand or par- 
lor, or in the transmission of merchandise or messages. No child under 16 
years old shall be allowed or permitted or suffered to work in any of fore- 
going enumerated establishments during time school is in session unless he 



i 



H (f). COMPULSORY ATTENDANCE. 545 

can read understandingly and write legibly simple sentences in the EgUsh 
language ; but where a child over 14 years old shall have attended an English- 
taught school regularly for three years and is mentally incapable of learning 
to read and write simple English sentences the State superintendent may 
issue an employment permit to such child. When requested by State super- 
intendent, the State board of health shall cause an inspection of any place 
in which children under the age of 16 are employed and require the discharge 
of any child who can not continue to be employed without undue risk to 
health. No boy under 10 and no girl under 16 years old shall sell or expose 
for sale newspapers, magazines, periodicals, or other merchandise in any 
street or public place. No child shall work as bootblack in any street or 
public place unless over 10 years old. No person under 18 years old shall 
be employed as a messenger for a telegraph, telephone, or messenger com- 
pany in the distribution, transmission, or delivery of goods or messages be- 
tween 10 p. m. and 5 a. m. No boy under 16 and no girl under 18 years old 
shall be employed at any gainful occupation other than domestic service or 
work on the farm more than 58 hours in any one week nor more than 11 
hours in any one day nor between 7 p. m. and 6.30 a. m., except that minors 
16 years old or over may work in retail stores and telephone exchanges until 
10 o'clock in the evening. Boys 14 years or over may deliver newspaper 
routes after 5 o'clock in the morning, and boys 12 years old or over may 
deliver newspaper routes between 4 and 8 o'clock in the evening. No child 
under 16 years old shall be employed in any of the establishments herein- 
before enumerated without an employment certificate. Employment certifi- 
cates shall be issued only by superintendents of schools or, where there is no 
superintendent, by a person authorized by school board; but no person so 
authorized shall have authority to issue certificate to any child about to 
enter such person's own employment or the employment of any firm or 
corporation of which he is a member, officer, or employee. The person 
authorized to issue employment certificates shall approve and file the fol- 
lowing before issuing such certificates: School record of child; passport or 
certificate of birth showing date a nd place of birth ; certificate from board of 
health showing that child is physically able to perform work which he in- 
tends to do. No child shall receive certificate until personally examined by 
person issuing the same. Employment certificates shall give full physical de- 
scription of child. Superintendent of schools or other authorized person 
shall keep a record of all employment certificates issued. Blank forms for 
such records shall be prescribed by State superintendent. Truant officers 
shall enforce employment provisions, and for such purpose shall have power 
to serve warrants. State superintendent shall appoint not exceeding three 
State inspectors, who shall be paid necessary expenses and compensation 
not to exceed $1,200 per year each; shall devote entire time to work. In- 
spectors shall inspect places where minors are employed; shall have power 
to serve warrants. State superintendent may employ counsel to enforce 
provisions of employment law; shall report to school boards relative effi- 
ciency of truant officers. Governor, with advice of council, may require 
school boards to appoint additional truant officers; may require removal of 
inefficient truant officers. Whoever employs or in control of a child permits 
such child to be employed in violation of provisions of child-labor laws shall 
be fined not less than $5 nor more than $200, or be imprisoned for not less 
than 10 nor more than 30 days, or both. Refusal by an employer to pro- 
duce any employment certificate required by this act shall be prima facie 
evidence of illegal employment. Any superintendent of schools or other per- 
3966°— 15 35 



546 STATE LAWS RELATING TO PUBLIC EDUCATION. 

son issuing employment certificates who fails to comply with the provisions 
of this act shall be fined not less than $5 nor more than $25. The sum of 
$6,500 is annually appropriated for the purposes of this act. 

See also A (d), District boards and officers; V (e), Schools for dependents 
and delinquents. 
New Jersey: The terms "supervisor of school-exemption certificates," "age 
and schooling certificate," " age and working certificate," and " employers' 
certificate " are defined in the law. Every parent, guardian, or custodian 
of a child between ages of 7 and 16 years shall cause such child to attend 
a day school in which at least reading, writing, spelling, English grammar, 
arithmetic, and geography are taught in the English language by a com- 
petent teacher, or to receive equivalent instruction elsewhere than at school, 
unless such child is above age of 14 years, has been granted an age and 
schooling certificate, and is regularly and lawfully employed in some occupa- 
tion or service; attendance shall be for entire time schools are in session, 
unless mental or bodily condition of child shall prevent such attendance. 
Age and schooling certificates and age and working certificates may be 
granted by the supervisor of school-exemption certificates in school district 
where child resides upon application of parent, guardian, or custodian of the 
child; any person who shall falsely swear as to the age of a child shall be 
guilty of perjury ; before any such certificate shall be granted the child must 
be examined by a medical inspector, and must be physically able to perform 
work required; no child shall be granted such certificate unless said child 
has regularly attended school, or has had equivalent instruction, for at least 
130 days during 12 months immediately preceding application, is able to read 
and write simple English sentences, has completed course of study equivalent 
to five yearly grades in reading, writing, spelling, English language, geog- 
raphy, and elementary arithmetic; such certificate shall state color, name, 
sex, and other facts relative to the child ; such certificates must be approved 
by commissioner of labor ; officer issuing such certificates shall keep a record 
of the same; such certificates must be filed with employers, who shall re- 
turn same upon cessation of employment; employers shall file employers' 
certificates with supervisor of school-exemption certificates; certificates may 
for cause be canceled by commissioner of labor. A supervisor of school- 
exemption certificates may issue age and working certificates to children 
between ages of 10 and 16 years, permitting employment in certain trades 
during time schools are not in session, but not between hours of 7 p. m. and 
6 a. m. Every child between ages of 7 and 14 years, and every child be- 
tween ages of 14 and 16 years not lawfully employed, who shall habitually 
absent himself from school or is guilty of unbecoming conduct shall be 
deemed delinquent. Any parent, guardian, or custodian who shall fail to 
cause a child to attend school as required by law shall be punished by im- 
prisonment for not exceeding one year, or fined not exceeding $50, or both. 
Board of education of each district shall appoint attendance officers and 
shall prescribe rules for government of said officers, to be approved by com- 
missioner of education; attendance officers shall take truant children to 
parents, guardians, custodians, or teachers; said officers may arrest such 
children without warrant; the sheriff and his officers and all police officers 
and constables shall assist attendance officers; no fees shall be charged for 
issuing aforesaid certificates. When in a county there shall be raised not 
less than $900 for salary of a county attendance officer, such officer shall be 
appointed by commissioner of education, with approval of State board of 
education ; county shall appropriate $500 annually out of railroad tax for 



H (f). COMPULSORY ATTENDANCE. 547 

expenses of such officer. Tenure of office of truant officers shall be during: 
good behavior and efficiency, after expiration of period of employment of 
one year. 

See also U (e), Schools for dependents and delinquents. 

New Mexico: The school directors of any district are empowered and required 
to compel parents, guardians, or other persons in control of children, when 
such, children do not attend some private or denominational school, to send 
such children to the public school during the entire time such school is in 
session in their respective school communities, except that children herein 
referred to shall not be less than 7 nor more than 14 years old, or of such 
physical disability as to unfit them for school duties, which disability shall 
be certified to by some regular practicing physician; the private or de- 
nominational school shall be equal in its teaching to the public school ; chil- 
dren who live more than 3 miles from school shall not be compelled to 
attend. The directors of any district may purchase for and loan to any 
indigent child, textbooks, the cost of books for any district for such purpose 
not to exceed $50 per year, the same to be paid out of the district school 
fund. County superintendents shall require directors to comply with the 
compulsory-attendance law; presiding judges of the district shall give, at 
each session of the court, the substance of this law to their respective grand 
juries and district attorneys shall prosecute all violators of said law; fines 
collected for violations of the compulsory-attendance law shall be placed to 
the credit of the proper district. No child shall be refused admission to 
the public schools on account of race or nationality; any teacher or school 
official who shall refuse to receive any pupil in school, the said pupil being 
entitled to attend school, shall be guilty of a misdemeanor, and upon con- 
viction shall be forever barred from teaching school or from holding office 
of honor or profit In the State; the county superintendent Is required to 
summarily remove from office anyone violating said provisions, and upon 
failure to do so he shall be removed from office by the State superintendent. 
Public schools in each city and town shall be free, and shall be open to 
children between 5 and 20 years old; when accommodations are insufficient, 
children 5 to 7 years old may be excluded for time being ; said schools shall 
be open for not less than 5 nor more than 10 months in any one year. 

New York: Instruction required shall be, (1) at a public school in at least 
the branches of reading, spelling, writing, arithmetic, EngUsh language, and 
geography taught in English, or (2) elsewhere than at public schools in same 
subjects taught in English by a competent teacher. Every chi.d within com- 
pulsory school age in cities and districts of 5,000 or more inhabitants and 
employing a superintendent shall, when in proper physical and mental con- 
dition, attend upon instruction ; when between ages of 7 and 14 years, for full 
session of at least 180 days ; between ages of 14 and 16 years, unless lawfully 
employed, and possessing an employment certificate for full session. In other 
districts each child between 8 and 14 years of age shall attend full time, and 
those between 14 and 16 years shall, unless lawfully employed, attend full 
time. All blind children, except those receiving appointments, are included 
under these provisions. Every boy between ages of 14 and 16 years residing 
in a city of the first or second class and in possession of an employment cer- 
tificate, who has not completed elementary school course, shall attend evening 
schools for at least 16 weeks of six hours each. In cities and districts main- 
taining part-time and continuation classes, persons between ages of 14 and 
16 years in possession of employment certificates, and who have not com- 
pleted elementary schools, may be required to attend such classes for at 



548 STATE LAWS RELATING TO PUBLIC EDUCATION. 

least 36 weeks per year, of not less than four nor more than eight hours per 
week, between 8 o'clock a. m. and 5 o'clock p. m. Attendance upon part-time 
or continuation classes shall exempt attendance upon evening schools. In- 
struction and attendance at other than public schools shall in all ways be 
equivalent to requirements of public schools. Persons in parental relation 
shall cause children of school age to attend school in conformity to com- 
pulsory attendance requirements; a violation of this provision shall be a 
misdemeanor. It shall be unlawful for any person, firm, or corporation: (1) 
To employ any child under 14 years old during time public schools are in ses- 
sion; (2) to employ, elsewhere than in a city of first or second class, in a 
factory or mercantile establishment, business or telegraph office, restaurant, 
hotel, apartment house, or as a messenger, any child between 14 and 16 years 
of age who does not possess an employment certificate and a school-record 
certificate; (3) to employ any child between ages of 14 and 16 years in a 
city of the first or second class who does not possess an employment cer- 
tificate. The employer of any child between ages of 14 and 16 years shall 
display in place of employment the employment certificate of such child, and 
his part-time, continuation, or evening-school certificate issued by the school 
authorities; a violation of this provision shall be a misdemeanor. Teachers 
shall keep attendance record of children between ages of 7 and 16 years. A 
school-record certificate shall show that holder has attended school for at 
least 180 days during the 12 months next preceding his fourteenth birthday or 
during the 12 months next preceding his application for such school record, 
that he has completed subjects of first six years of elementary school or 
equivalent thereof, and shall give name of parent, guardian or custodian, 
and child's residence and date of birth. In a city o'f first class, school-record 
certificates shall be issued by principal or chief executive of a school; in 
cities and districts of 5,000 population or more and employing a superintendent 
of schools by such superintendent ; in other districts by the principal teacher. 
School authorities shall issue to children attending evening, part-time, or 
continuation schools certificates of such attendance. The school authorities 
of each city, union free district, or common district whose limits include in 
whole or in part an incorporated village, shall appoint and fix duties and 
compensation of one or more attendance officers; the town board of each 
town shall appoint, subject to approval of school commissioner of the district, 
one or more attendance officers, whose jurisdiction shall extend over all districts 
not otherwise provided for, and shall fix their salaries to be a town charge. 
The attendance officer may arrest any truant child between ages of 7 and 16 
years, without warrant, and return him to school, or in case of incorrigible or 
habitual truants, bring them before a police magistrate for commitment to 
a truant school; attendance officers shall report arrest of such children to 
school authorities of the city or district; a truant officer may enter places 
where chi.dren are employed for purpose of examining employment certifi- 
cates; any employer who shall interfere with an attendance officer or who 
shall refuse to exhibit employment certificates shall be guilty of a misde- 
meanor. School authorities of any city or school district may establish and 
maintain truant schools, but no child convicted of crimes or misdemeanors, 
other than truancy, shall be committed thereto ; persons in parental relation 
shall be heard before commitment of children to such schools; commitment 
shall not exceed two years, and no child shall be confined in such school after 
he is 16 years old ; truants may be committed to suitable private institutions 
upon terms determined by school authorities and persons in control of such 
institutions; if necessary, school authorities may proceed against truant 
children, and upon conviction thereof, commit them to some suitable truant 



H (l). COMPULSOKY ATTENDANCE. 549 

school or like institution; children so committed may, for good cause, be 
paroled or restored to their original classes ; every child suspended for more 
than one week shall attend the truant school during period of suspension; 
school authorities of any city or district may contract with other cities or 
districts for the care of truant children; industrial training shall be fur- 
nished in every truant school ; in cities and districts employing a superintend- 
ent, charges incurred relative to truant children shall be met by such city 
or district ; in all other districts by the county. Commissioner of education 
may withhold one-half of public moneys from any district failing to con- 
form to compulsory education law. 

See also H (h), Separation of the races. 

North Carolina: Person in charge of child between 8 and 12 years old shall 
cause such child to attend school four months in the year; county board of 
education or board of trustees in towns and cities of over 2,000 inhabitants 
may determine at what time in the year period of compulsion shall begin; 
attendance at private school may be accepted in lieu of attendance at public 
school, but such private school shall keep records and make reports as re- 
quired. This act shall not apply to child whose physical or mental condition 
is such as to render attendance impracticable or inexpedient, or to child resid- 
ing 21 miles or more from schoolhouse, or to child whose services are needed 
for its own support or support of parents, or to child whose parent or guar- 
dian may show himself unable to provide books and clothing, but last-men- 
tioned shall attend if provided with books and clothing from other sources. 
Parent, guardian, or other person violating this act may be fined $5 to $25, but 
first fine may be suspended until second offense ; three days after notice by 
attendance ofiicer every day of absence of child constitutes a separate offense. 
County board of education in each county shall appoint and remove at will 
one attendance officer for each township to enforce the provisions of this act 
and to take annual school census of persons between 6 and 21 years old ; he 
shall receive 3 cents for each child enumerated, 25 cents for serving notice 
on parent or guardian when conviction results, and such other compensation 
as county board may allow; school trustees of any town or city of over 5,000 
inhabitants may appoint an attendance officer and fix his compensation. 
Principal or teacher shall report weekly to attendance officer and county 
superintendent regarding attendance of children 8 to 12 years old ; for failure 
to do so teacher shall forfeit $5 of monthly salary. County board of educa- 
tion may annually make rules and regulations modifying the machinery for 
enforcing this act, but they may not revoke the general and fundamental prin- 
ciple that all children between 8 and 12 years old shall attend school. 
See also T (b), Schools for the deaf. 

North Dakota: Every person in control of a child between 8 and 15 years old 
shall send such child to a public school during the entire time such school is 
in session ; every person in control of any deaf, blind, or feeble-minded child 
or youth between 7 and 21 years old shall send such child to the school for 
the deaf, school for the blind, or institution for the feeble-minded, as the case 
requires, for the entire school term. Exemptions from provisions as to chil- 
dren between 1 and 15: (1) If child is taught for the same length of time 
in a private school approved by the county superintendent, subject to appeal 
to State superintendent; (2) if child is actually necessary to the support of 
the family; (3) if child has already acquired the branches taught in the 
public schools; (4) if child is mentally or physically incapable; (5) if child 
lives more than 2^ miles from the schoolhouse, except in the case of con- 
solidated schools where transportation is furnished. In every district where 



550 STATE LAWS KELATING TO PUBLIC EDUCATION. 

consolidated schools are not established the school board shall divide the dis- 
trict into zones and furnish transportation to pupils living more than 1^ 
miles from school. Zone No. 1, pupils living 11 to 2i miles from school ; zone 
No. 2, pupils living 2i to 31 miles from school ; zone No. 3, pupils living more 
than 3i miles from school; price of transportation for second zone shall be 
one and one-half times that for first zone ; price for third zone two times that 
for first zone. This provision regarding transportation shall not apply to 
deaf, blind, and feeble-minded children. Superintendent, principal or teacher, 
and county superintendent shall inquire into cases of neglect to comply with 
this act and shall report to the State's attorney. Board of any city or school 
district having more than 500 inhabitants may employ a truant "ofiBcer. 
Ohio: All parents, guardians, and other persons who have care of children, 
shall instruct them or cause them to be instructed in reading, writing, Eng- 
lish grammar, geography, and arithmetic ; such parent, guardian, or other 
person in charge of any child between 8 and 15 years old, if a male, and 16 
years old, if a female, must send child to a public, private, or parochial school 
for entire time such school is in session, which time shall not be less than 28 
weeks ; such attendance shall begin first week of school unless child is excused 
by proper school official for just cause or is instructed at home. All children 
between ages of 15 and 16 years, not engaged in some regular employment, 
shall attend school for full term. No boy under 16 years old and no girl under 
IS years old shall be employed during school term, unless such child shall 
possess an age and schooling certificate; to obtain such certificate, any male 
shall be over 15 years old and shall have taken sixth-grade test, and any 
female shall be over 16 years old and shall have taken seventh-grade test; 
residents of other States working in Ohio shall comply with such require- 
ments. The superintendent of schools, or person authorized by him to issue 
age and schooling certificates, shall not issue such certificate until he has filed 
following papers: (1) Pledge of employer to legally employ child; (2) school 
record of such child; (3) birth certificate of such child or proof of time of 
birth; (4) certificate from school physician that child is able to work. Vaca- 
tion employment certificates may be issued to boys under 16 years and girls 
under 18 years even though such child may not have completed the sixth 
grade. All minors over 15 and under 16 years, who have not passed sixth- 
grade test in required subjects shall attend school. Any board of education 
may require children, between ages of 15 and 16 years who are employed, to 
attend continuation schools not to exceed eight hours per week between hours 
of 8 a. m. and 5 p. m. In city districts, board of education shall appoint a 
truant officer and assistant truant officers, and in other districts, the constable 
or other person shall act as truant officer ; compensation of such officers shall 
be fixed by the board of education; such officers shall be vested with police 
powers ; truant officers shall keep a record of their work. Special courses of 
instruction may be used for children who are unable to make progress in 
regular courses. Truant officers shall report cases of truancy to parents, guar- 
dians, or other persons in charge of children, and if child guilty of truancy 
is not returned to school within two days, said officer shall report parents, 
guardians, or persons in control to the proper court. If persons in control 
of such child shall prove unable to cause his attendance at school, such child 
shall be committed to some institution maintained for the care of such 
children. No child over 10 years old shall be committed to a county children's 
home. A child committed to any juvenile reformatory shall not be detained 
there beyond age of 16 years, and may be released sooner by trustees for good 
cause. Expenses incurred in the transportation and commitment of children 



H (f). COMPULSORY ATTENDANCE. 551 

to reformatories shall be paid by the county. The truant officer may furnish 
books and other relief to any child who otherwise would be unable to attend 
school ; such child shall not be declared to be a pauper because of acceptance 
of such aid. Truant officers shall annually report to the judge of the juvenile 
court of their respective counties names, ages, and residence of all children 
between ages of 8 and 18 years, with names and addresses of parents or 
guardians, and facts concerning the educational status of such children. 
In case of complaint against a child involving commitment to some institution, 
the board of county visitors shall be notified to protect the interest of such 
child. Boards of education may employ attorney under compulsory educa- 
tion law, to be paid out of contingent fund. 
See also T (b). Schools for the deaf. 

Oklahoma: Every person in control of a child over 8 years old and under 16 
years old shall cause such child to attend the public or other schools or to be 
otherwise instructed for at least 66 per cent of time school is in session, unless 
said child is mentally or physically unable to so attend, such inability to be 
determined by a properly qualified physician. Complaints of illegal absence 
from school shall be reported to justices of the peace. Books shall be fur- 
nished free to children unable to buy them, upon the recommendation of the 
district board to the county superintendent; county commissioners shall pay 
for such books. If any widowed mother shall make affidavit that wages of her 
child or children under 16 years old are necessary for her support, a " schol- 
arship " shall be granted such child or children, and county commissioners 
shall pay to mother of such child or children amount equal to wages of 
child. Any violation of this act shall constitute a misdemeanor. 
See also T (b), Schools for the deaf. 

Oregon: Every person in control or charge of a child between 9 and 15 years 
old shall cause such child to attend the public school during the time such 
school is in session. Exceptions: (1) Any child who is taught in a private 
or parochial school the branches taught in the first grades of the public 
school or any child who has completed such branches; (2) any child physically 
unable to attend school, as shown by a physician's certificate; (3) any child 
between 9 and 10 living more than li miles and any child over 10 living more 
than 3 miles from school, if transportation is not furnished; (4) any child 
being given by parent or private teacher instruction approved by county 
superintendent. The district boundary board of each county shall appoint 
for districts of the second and third class a truant officer, who shall also be 
probation officer of the juvenile court in counties having less than 100,000 
population; in districts of the first class the school board shall appoint a 
truant officer or said board may request that one or more police officers be 
detailed to serve as truant officers. On request of a district of the second 
class the district boundary board shall grant such district permission to 
employ a truant officer. Truant officer shall give notice to person in parental 
relation to child not attending school as required, and said person shall 
present child at school on the following day; if person in parental relation 
fails to comply with notice, traunt officer shall make complaint before a 
justice of the peace, who shall issue a warrant for such person and try the 
case. Any school officer, superintendent, principal, teacher, or other person 
failing to perform duties imposed may be fined by justice of the peace not 
less than $5 nor more than $20. In districts of the second and third classes 
district clerk shall at opening of school furnish teacher or principal with 
school census, and such teacher or principal shall every four weeks compare 



552 STATE LAWS RELATING TO PUBLIC EDUCATION. 

the same with enrollmeut and shall report accordingly to secretary of the 
district boundary board and said board shall report to proper truant officer. 
In districts of the first class clerk shall report census to superintendent or 
principal, who shall compare the same with enrollment every four weeks and 
report accordingly. This act shall, so far as enforceable, apply to children 
entitled to attend the institutions for the deaf and the blind; the truant 
officer shall annually report to county judge the names and addresses of such 
children and shall state whether parent or guardian is able to send such 
child to institutions as required; said judge may send such child to such 
State institution, and the expenses thereof shall be paid by the county if 
parent or guardian is unable to pay the same. All fines collected under this 
act shall be credited to the school district where the person convicted 
resides. 
Pennsylvania: Every child between 6 and 21 years old may attend the public 
schools. Admission of beginners shall be confined to two periods, namely, 
during the first two weeks of the school term, and during the first two weeks 
following January 1 ; beginners becoming 6 years old before January 1 
shall be admitted at beginning of school, and those becoming 6 years old 
between January 1 and close of term shall be admitted January 1, but any 
board of school directors may fix other periods of admission. Any pupil liv- 
ing 1^ miles or more from the nearest school in his district, and whose trans- 
portation is not furnished free, may attend school in another district upon 
consent of directors thereof; the district where pupil resides shall pay dis- 
trict in which child attends school tuition and cost of textbooks and supplies 
of such child; pupils may attend schools of another district on account of 
convenience of access when directors of affected districts mutually agree. 
Any board of directors may provide free transportation of pupils out of dis- 
trict funds. Directors shall subdivide districts, assigning pupils to various 
schools according to their needs, but no discrimination shall be made on 
account of race or color of pupils ; schools may be consolidated by directors on 
account of small attendance, or for purpose of better gradation and classifi- 
cation, whereupon pupils residing 1| miles or more from consolidated school 
shall be furnished free transportation. Teachers shall be " in loco parentis " 
during school hours, including time required in going to and from school; 
every principal or teacher in charge of a public school may temporarily sus- 
pend any pupil on account of disobedience or misconduct, notifying district 
superintendent, supervising principal, or secretary of board ; board may sus- 
pend or expel such child. Board of directors in any district, where are lo- 
cated institutions for training orphans or other children, shall permit inmates 
thereof to attend public schools of such district, either with or without 
charge, but in no case shall charge be more than for other pupils; any 
charges for such pupils shall be made against the districts where pupils are 
legal residents. It shall be the duty of school officials to report to medical in- 
spectors all blind, deaf, or mentally deficient children between 8 and 16 
years old who are not being properly educated ; medical inspectors shall ex- 
amine such children and report to board of school directors; if fit subjects 
for education, such children shall be placed in proper schools at expense of 
the district if parents shall be unable to properly educate them. Every child 
between 8 and 16 years old is required to attend a day school in which com- 
mon English branches are taught continuously through entire term ; may at- 
tend private schools under the same conditions; directors of districts of the 
fourth class may reduce the compulsory attendance period to not less than 70 
per cent of fixed term ; directors may, for urgent reasons, excuse attendance 



H (f). COMPULSORY ATTENDAKCE. 553 

of pupils; any child between 14 and 16 years old, who can read and write 
Intelligently, who is engaged in lawful employment, and who has an em- 
ployment certificate, shall be exempt from the compulsory attendance pro- 
visions; teachers shall report to proper authorities enrollment, withdrawals, 
and absences of pupils; unless transportation shall be furnished free, no 
child residing more than 2 miles from a schoolhouse shall be required to 
attend; persons employing children between 14 and 16 years old during 
school hours shall make full reports of such employment to the proper school 
authorities; no person shall employ any child between 8 and 14 years old 
during hours public schools are in session, nor those between 14 and 16 years 
old, unless such children shall furnish an employment certificate; any person 
employing such children contrary to law shall be guilty of a misdemeanor; 
when any child lacks necessary food and clothing to attend school, the mat- 
ter shall be reported to a suitable relief agency or overseers of the poor for 
investigation and relief. Before opening of schools each year every board 
of school directors shall cause to be made by teachers, attendance officers, or 
others, enumeration of all children between 6 and 16 years old, together with 
all necessary information concerning such children; enumeration shall in- 
clude names and addresses of all persons employing children under 16 years 
old; secretary of board shall supply teachers, at beginning of school term, 
with all necessary enumeration data ; all enumeration data shall be for- 
warded to the State superintendent annually; the cost of enumeration shall 
be paid out of district funds ; teachers or principals shall report to attendance 
officers or other proper persons names of children failing to enroll, or who 
have been absent three days without lawful excuse, whereupon parents or 
guardians being served with proper notice and failing to comply with the at- 
tendance law shall be proceeded against; if sufficient cause can be shown by 
offending parent or guardian, or costs of proceedings can not be collected from 
such offending party, said costs may be paid out of district funds. State 
superintendent may withhold and declare forfeited State appropriation for 
any district which shall fail to enforce the provisions of the compulsory-attend- 
ance law. Board of school directors of districts of first, second, and third 
classes shall, and in districts of fourth class may, employ one or more attend- 
ance officers ; such officers shall have police powers without warrant ; upon 
the arrest of any child for nonattendance, attendance officers shall notify 
parents or guardians, and unless requested to place child in a school other 
than a public school, shall place child in a proper public school; attendance 
officers shall have full authority to enter any place employing children to 
compel attendance at school of those who should attend, and to inspect employ- 
ment certificates ; any employer of children who refuses to permit attendance 
officers to enter place of business, or who interferes with such officer shall be 
guilty of a misdemeanor; attendance officers shall be paid such amounts as 
boards of directors may determine, but no such officer of any district of the 
fourth class shall receive as compensation more than $2 per day for time em- 
ployed; every school district shall make annual report to the State superin- 
tendent in reference to the cost and enforcement of the compulsory-attendance 
law ; two or more school districts may unite in the appointment of an attend- 
ance officer ; in case any child between 8 and 16 years old can not be kept in 
school on account of bad conduct, the proper school official may proceed 
against said child before the juvenile court, or otherwise. State board of 
education is authorized to educate blind children under 8 years old, and with 
written consent of those in authority over such children, such children may 
be placed in any nonsectarian school at a cost of no more than $1 per day to 
the State. 



554 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Rhode Island: Every person in control of a child between ages of 7 and 15 
years shall cause such child to attend the public school, or private school or 
private instruction of equal time and of equal standard, for entire time such 
school is in session, unless such child shall have completed first eight years 
of elementary school work, exclusive of kindergarten, or shall be legally em- 
ployed after 14 years of age; any violation of this provision by person in 
control of child shall be punishable by fine of $20, unless said child shall be 
mentally or physically defective, destitute of suitable clothing, or prevented 
from attendance by sc^me regulation of the school. The school committee of 
each city or town, or of two or more towns jointly, shall annually appoint 
one or more truant officers and fix their compensation. Truant officers may 
visit any place where minors under 15 years old are employed to see that em- 
ployment law is being complied with, and may demand semiannual reports 
from employers of minors under 16 years old so employed; employers shall, 
when requested by truant officers, produce employment certificates of minors; 
failing so to do any employer may be fined not exceeding $10. Any child who 
is an habitual truant or habitual school offender, and upon conviction by any 
court or magistrate shall be committed to the Sockanosset School for Boys 
or to the Oaklawn School for Girls for a period not exceeding his minority ; 
but such child may first be committed to care of probation or truant officer 
or to State board of charities and corrections; upon being reformed such 
child shall be discharged; all fines received under this chapter shall be paid 
into school fund of the town; the district courts of the State shall have 
jurisdiction over cases arising under this chapter. 

See also A (d). District boards and officers; T (b). Schools for the deaf. 

South Dakota: Every person in charge of any child between 8 and 14 years 
old shall send such child to a public or private school during the time the 
public schools are in session, but district board may decrease the required 
term to not less than 16 weeks annually. Exemptions: Children otherwise 
instructed in the common-school branches by competent persons; children 
having already acquired the branches taught in the public schools; children 
whose mental or physical condition is such as to render attendance unsafe 
or impracticable; children whose attendance, if required, would not be 
humane. The board of education of a city or town Independent district shall 
appoint a truant officer; county superintendent shall be ex officio truant 
officer for all other districts. It shall be the duty of the truant officer, 
teacher, member, or agent of the school board to petition, and any reputable 
citizen may petition, the county court to inquire into violations of this act; 
truant officer shall arrest children of compulsory attendance age who are 
absent from school without leave and deliver such children to teachers. 
Board of education of any city or town may "set aside a room and appoint 
teachers for the retention and instruction during reasonable hours of truant 
and incorrigible children. 

Whenever the Government of the United States maintains a school in the 
State, and the expense of the tuition, board, lodging, and clothing of Indian 
pupils therein is borne by the United States, persons in charge of Indian 
children between 6 and 18 years old eligible to attend such school shall send 
such children to said school for nine months in the year or during the school 
term ; children bodily or mentally unfit and those receiving instruction in the 
common-school branches in some other school may be excused ; if Government 
does not provide transportation, children shall not be required to attend 
unless they live within 10 miles of the school. 
See also T (b). Schools for the deaf. 



H (f). COMPULSOEY ATTENDANCE. 555 

Tennessee: Person having charge of child between ages of 8 and 14 shall 
cause such child to attend school for at least 80 consecutive days or for 
full term if term is shorter than 80 days; in cities maintaining separate 
system and having school population of 5,000 or more child between 8 and 
14 shall attend for full term; person having charge of child between 14 
and 16 who is not lawfully employed or who can not read and write shall 
cause such child to attend school as provided for children between 8 and 
14. Any child between ages aforesaid may be temporarily excused by court 
of competent jurisdiction or by county or city board of education if person 
having charge of such child is not able to provide clothing, or if child is 
mentally or physically incapacitated, or if school is more than 2 miles from 
child's home and transportation is not furnished, or if child has completed 
elementary course of eight grades; if person in charge of child is unable 
to furnish textbooks, <}ity or county board shall furnish them out of school 
funds ; county or city board shall, when child is unable to attend on account 
of lack of clothing or food, report case for relief to suitable relief agency 
or to commissioners of the poor. Misdemeanor for person in charge to make 
false statement regarding age of child; parent, guardian, or other person 
violating provisions of this act may be fined $2 to $20, but fine may be 
suspended or remitted if child is immediately placed in regular attendance ; 
person in charge may prove that he is unable to compel child to attend school 
and may thus be discharged from liability and child may be proceeded 
against as delinquent. County judge or chairman of county court shall 
have exclusive jurisdiction in cases arising under this act, but in a city 
having separate school system recorder or judge of said city shall have juris- 
diction ; appeal may be taken to circuit court ; fines shall go to public schools 
of county or city where child resides; county or city superintendent shall 
furnish teacher or principal with names of pupils depending on their schools 
for instruction and such teacher or principal shall report to such superin- 
tendent name of parent or guardian not complying with law and board of 
education shall proceed against violator. In every city having school popula- 
tion of 5,000 or more, school board shall elect one or more attendance officers ; 
in city of less than 5.000 school population and in every county school board 
may elect one or more attendance officers, but not more than one shall be 
elected for each 5,000 school population; such officer shall be resident of 
city or county for which elected, and must be able to read and write with 
ease. Board of education of city or county having total population of 10,000 
or more may establish a training school. 

Utah: Every person having control of a child between 8 and 16 years old shall 
send such child to a public or private school at least 20 weeks in the school 
year, and in cities of the first and second classes such child shall attend at 
least 30 weeks. Exemptions: (1) When child is properly taught at home; 

(2) when child has already acquired branches taught in district schools; 

(3) when according to physician's certificate child's physical or mental con- 
dition is such as to render attendance "inexpedient or impracticable"; (4) 
when child's services are necessary to support of mother or invalid father ; 
(5) when school is not taught for requisite time within 21 miles of 
residence of child. President of board of education or chairman of board 
of trustees shall inquire into cases of truancy or incorrigibility and report 
to city or county attorney, who shall prosecute case. 

See also T (b). Schools for the deaf; U (e). Schools for dependents and 
delinquents. 



556 STATE LAWS RELATING TO PUBLIC EDTJCATION. 

Vermont: "Legal pupils" shall include persons between ages of 5 and 18 
years; no child under 5 years shall be received into a public school except 
in a kindergarten; no child under 7 years shall be received into a public 
school after beginning of fall term, except with permission of town or 
union superintendent; no person over 5 years shall be barred from public 
schools on account of age. School directors shall appoint one or more truant 
oflacers; the sheriff, deputy sheriffs, constables, and police officers shall be 
truant officers ex officio. Persons in control of child between ages of 8 and 
16 years shall cause such child to attend public schools 150 days each year, 
unless such child is mentally or physically unable so to attend, or has com- 
pleted elementary course, or is receiving equivalent instruction elsewhere; 
such child shall attend full session if continuing longer than 150 days, unless 
excused by town or union superintendent; any child between ages of 7 and 
8 years, if enrolled in public school, shall be subject to attendance pro- 
visions. A person having control of a child and claiming exemption from 
attendance law, or asking admission to school, or seeking employment cer- 
tificate, shall, when required by town or union superintendent, furnish 
evidence of age of child. If a person in control of a child over 16 years old 
enrolls such child in public school, or school where tuition is paid at public 
expense, he shall cause attendance of such child for full term unless excused 
by the town or union superintendent. Clerk of school board shall annually 
supply teacher with list of pupils required to attend school ; teacher shall 
notify truant officer of failure of " legal pupils " to enroll. Truant officers 
shall notify parents or guardians of cases of truancy of children, and may 
return such children to school. Truant officer shall report any violation of 
attendance law to the proper officer for prosecution. Truant officer shall 
report cases of indigency to overseer of poor, who shall provide such means 
as are necessary for attendance of pupils. Truant officer may have children 
examined if excused from attendance on account of mental or physical unfit- 
ness. Unless lawfully excused, a legal child or an enrolled child over 16 
years old shall be judged an habitual truant if absent from school for five 
days during four consecutive weeks. Nonresident pupils shall be under the 
authority of truant officer of town where attending school. Truant officers 
shall receive $2 per day and expenses while engaged. An habitual truant, 
or pupil otherwise objectionable in school, may be sentenced to Vermont 
Industrial School for period of at least 30 weeks. A truant officer or like 
officer who neglects his duties may be fined not more than $100. Violation 
of any provision of attendance law is punishable by fine of not less than $5 
nor more than $25, unless otherwise provided. Justices and municipal courts 
shall have jurisdiction with county courts of offenses arising under this 
chapter. 

Virginia: Every person having control of a child between 8 and 12 years old 
shall send such child to a public school for at least 12 weeks in the year. 
Exemptions: Children excused by school board, those weak in body or mind, 
those who can read and write, those attending a private school, those living 
more than 2 miles from the nearest public school or more than 1 mile from 
an " established public free-school wagon route." This act shall not apply 
to any county, city, town, or magisterial district constituting a separate 
school district until the qualified voters thereof shall so vote. In every 
county where the provisions of this act are accepted the district school board 
shall in February and September ascertain the condition of all children 
between 8 and 12 years old who are not attending school, and the district 
clerk shall prosecute for violations of this act. Parent or guardian who 



H (f). COMPULSOEY ATTENDANCE. 557 

violates this act shall be fined not less than $5 nor more than $20 for each 
offense. District clerk shall be fined $5 or $10 for failure to perform the 
duties imposed upon him. Two weeks' attendance at half-time or night 
school shall be equivalent to one week at a day school. 

Washington: All parents, guardians, and other persons having custody of any 
child between 8 and 15 years of age, or of any child between 15 and 16 
years old not regularly and lawfully employed in some useful and re- 
munerative occupation, shall cause such child to attend some public or 
private school for full time public school is in session, unless the city 
superintendent in a city or the county superintendent shall excuse such 
child from attendance because of physical or mental defect or in case child 
has completed first eight grades of public school, or for some other suffi- 
cient reason. No child under 15 years old shall be employed for any pur- 
pose by any corporation, person, or association during hours public schools 
are in session, unless such child shall possess an employment certificate 
issued by the proper superintendent. Proof that any child under 15 years 
old is employed without such certificate, shall be prima facie evidence of a 
violation of this section; any violation of any provision hereinbefore made 
shall be punished by a fine of not more than $25. In incorporated city 
districts board of directors shall appoint one or more attendance officers; 
attendance officer may be sheriff, constable, city marshal, or policeman. 
In all other districts county superintendent shall be attendance officer; he 
may appoint one or more assistant attendance officers. Attendance officers 
shall be vested with police powers; may enter places where children are 
employed; may take children violating this act into custody and return 
them to school or to parents; shall institute proceedings against persons 
violating attendance law ; shall keep a record of acts ; shall perform such 
other duties as superintendent or directors may determine. Any attendance 
officer or like official shall arrest without warrant any child unlawfully 
absent from school and return such child to teacher or person in parental 
relation; said officer shall bring habitual or incorrigible truants before 
justice of peace who may bind child over to superior court; superior court 
may commit such child to State Reform School or to some like institution. 
Teachers and school officials shall report cases of truancy to truant officers. 
In cases arising under this act all Justices' courts, municipal courts, and 
superior courts shall have concurrent jurisdiction. County attorney shall 
prosecute cases arising under this act. County superintendent shall annually 
give notice of provisions of this act to district officers; district clerk shall 
annually report to county superintendent facts relative to enforcement of 
said provisions; any district clerk who shall knowingly make a false state- 
ment relative to such enforcement, shall be guilty of a misdemeanor, punish- 
able by fine of not less than $25 nor more than $100. Any superintendent, 
teacher, or attendance officer who shall fail or refuse to perform duties 
prescribed by this act shall be guilty of a misdemeanor, punishable by fine of 
not less than $20 nor more than $100, to be paid in case of district officer into 
district fund, and in other cases into county general school fund. All fines, 
except as otherwise provided, shall be paid into the district fund. 

Whenever a school shall be erected and maintained by the Government 
of the United States, free of charge to pupils, every person in parental 
relation to a child between ages of 5 and 18 years, eligilbe to attend said 
school, shall cause such child to attend said school. 

West Virginia: Every person having control of a child between ages of 8 
and 15 years shall cause such child to attend some free school for period of 



658 STATE LAWS RELATING TO PUBLIC EDUCATION. 

24 weeks annually, beginning at opening of term ; violation of this provision 
shall be punishable by fine of $2 for first offense and $5 for each subsequent 
offense, to be paid into building fund of district; children may be excused 
from such attendance if properly instructed elsewhere or for other suflBcient 
cause, or if there is no school in session within 2 miles of pupil's home. Board 
of education of each district or independent district shall appoint one or 
more truant officers; such officers shall enforce attendance law and shall 
notify parents of truancy of children; such officers shall make complaint of 
violations of this provision to justices of peace. Any person who induces or 
attempts to induce any child to unlawfully absent himself from school or 
who unlawfully employs or harbors such child while school is in session shall 
be guilty of a misdemeanor, punishable by fine of $25 or imprisonment for 
10 days. Teachers in ungraded schools and principals and superintendents in 
graded and high schools shall report to truant officers cases of violation of 
this act. All fines collected under provisions of this act shall be paid into 
building fund of district. Truant officers shall receive from building fund $2 
per day for time officially employed. 
Wisconsin: Any person having under his control any child between 7 and 14 
years old or any child between 14 and 16 not lawfully employed shall cause 
such child to attend regularly some public, parochial, or private school for 
full time school is in session in cities of first class, in all other cities at least 
eight months during year, and in towns and villages not less than six months 
during year ; this provision shall not apply to children mentally or physically 
unable to attend school as vouched for by a physician, nor to a child living 
more than 2 miles from school, unless transportation is furnished, nor to a 
child who has completed common-school course or first eight grades of graded 
school ; school children in cities of first class shall enroll at beginning of 
term and in other cities within first month of school ; regular attendance shall 
mean 20 days in each school month, unless child can furnish legal excuse; 
such children may be instructed elsewhere than at school if instruction is 
equivalent to that at school ; violation of these provisions shall be punishable 
by fine of not less than $5 nor more than $50, or by imprisonment for not 
exceeding three months, or both; district attorney shall prosecute all such 
violations; if parent is unable to compel attendance of child, such child may 
be proceeded against as incorrigible. In all cities of first class board of edu- 
cation or like board shall appoint 10 or more truant officers ; in cities of second 
class, between 40,000 and 150 000, and third class, 10,000 to 40.000 population, 
board shall appoint one or more such officers; in cities of fourth class chief 
of police and police officers may be truant officers ; in other districts sheriff 
and his deputies shall enforce attendance law. Truant officers may visit 
places of employment to ascertain whether minors are illegally employed; 
may demand age and school certificates of minors employed. Clerks of school 
boards shall furnish census information relative to children of school age 
to the proper superintendents and teachers; teachers shall keep a record of 
school children and shall furnish required information to truant officers. 
County, district, and city superintendents shall submit census, attendance, 
and enrollment figures to commissioner of labor and industrial statistics. 
Truant officers shall notify parents of delinquency of children; shall also 
notify commissioner of labor and industries; if parent shall fail to comply 
with notice, said truant officer shnll report such cases to any justice of the 
peace in the county, or in counties where justice of peace does not have 
criminal jurisdiction to the proper court having such jurisdiction. School 
officers, superintendents, teachers, or other persons shall furnish all possible 
aid to truant officers in the discharge of their duties. Truant officers in cities 



H (g), CHILD LABOE. 559 

of the first, second, and third classes shall receive such compensation as 
school boards may determine; officers acting as truant officers in cities of 
fourth class, of 10.000 population or under, shall receive no additional com- 
pensation for such services; officers acting as truant officers in other districts 
shall receive fees as are paid in criminal actions. Each county and city 
superintendent shall monthly report cases of delinquency to industrial com- 
mission ; truant officers shall make monthly report relative to delinquency 
of children to industrial commission. Truant officers shall report action rela- 
tive to delinquents to teachers, and teachers shall report return of delin- 
quents to school to truant officers. Any superintendent of schools or any 
truant officer who violates or fails to comply with any of aforesaid provisions 
shall forfeit not less than $5 nor more than $25 for use of schools. School- 
census officers shall ascertain number of children between ages of 7 and 14 
years, number of such children who did not attend school, and, when possible, 
cause of such failure to attend. Attendance at school on reservations shall 
be compulsory for children between ages of 5 and 18 years, unless lawfully 
excused. 

See also T (b), Schools for the deaf. 
Wyoming: Every parent, guardian, or other person having charge of any 
child between 7 and 14 years old, shall send such child to a public, private, or 
parochial school during time public school of district is in session. Ex- 
emptions: (1) The physically unfit, when certified by physician; (2) those 
on whom the provisions of this act might "work a hardship," but these must 
be excused by school board; (3) pupils who have been legally excluded from 
school. Every sheriff, deputy, constable, and truant officer, if there be one, 
shall see that the provisions of this act are carried out; on complaint of 
child's absence from school, such officei* shall give notice to custodian of child 
that its attendance at school is required, and if after five days child is not 
in school, custodian shall be proceeded against before .justice of the peace or 
district court ; custodian may be fined $5 to $25 and, after first offense, penalty 
of 90 days in jail may be added. In a district having a city or town of more 
than 2,500 inhabitants a regular truant officer may be employed. At opening 
of school district clerk shall submit to truant officer a list of children of com- 
pulsory school age; at the end of fir.^t week teacher shall submit to county 
superintendent a list of those enrolled and superintendent shall transmit such 
list to truant officer; teacher shall also report habitual truant or pupil absent 
three days without good reason to truant officer. 



H (g) . Child Labor. 

See also H (f), Compulsory attendance, etc. 
Alabama: No child under 12 years old shall be employed in a mill, factory, 
or manufacturing establishment; no child between 12 and 16 shall be so 
employed unless such child shall attend school at least 8 weeks in the year; 
no child under 14 shall be so employed more than 60 hours a week ; no child 
under 16 shall be so employed between 7 p. m. and 6 a. m. ; no child between 
16 and 18 shall be employed more than 8 hours between 7 p. m. and 6 a. m. ; 
employer of a child under 18 shall obtain of parent or guardian affidavit 
stating date and place of child's birth ; such affidavit shall be filed in office 
of judge of probate and copy shall be ?!ent to inspector at Montgomery ; viola- 
tion of law a misdemeanor, fine of $50 to $100 for first offense and $100 to 
$500 for second; maker of false affidavit guilty of perjury. State prison in- 



560 STATE LAWS EELATING TO PUBLIC EDUCATION. 

spector is factory inspector ; lie shall inspect or cause to be inspected factories 
and conditions of employees at least foar times a year ; he shall report on each 
inspection to the governor ; he shall remove any child working contrary to law 
or any child affected with communicable disease ; he shall institute prosecu- 
tions against violators of the law; he shall have free access to any mill, 
factory, or manufacturing establishment; no person shall hinder or obstruct 
the inspector ; copies of child-labor law shall be posted in the office and every 
room of mills and factories; employer permitting a child removed by In- 
spector to return shall be fined $50 to $100 ; inspector may employ an assist- 
ant ; State shall pay traveling expenses of inspector and assistant. 
Arizona: No child under 14 years old shall be employed about or in con- 
nection with any mill, factory, workshop, mercantile establishment, tenement 
house, store, business office, telegraph or telephone office, restaurant, bakery, 
barber shop, apartment house, bootblack stand, or in the distribution or trans- 
portation of merchandise or messages, but district trustees may license boys 
between 10 and 14 years old to sell papers or engage in other approved work 
outside of school hours. No person, firm, or corporation shall employ any 
child under 14 years old during the hours when schools are in session; no 
child under 16 years old shall be employed in any hazardous or unhealthful 
occupation, in the manufacture of goods for immoral purposes, or in connec- 
tion with tobacco or intoxicating liquors. The State board of health may 
from time to time determine whether any particular occupation is dangerous 
to life or limb or injurious to health or morals of minors under 16 years old. 
Females shall not be employed in any capacity where such employment shall 
compel them to remain standing constantly ; at least two seats shall be provided 
for every three females. No child under 16 years old shall be employed in 
any of the occupations named in the first section of this chapter unless the 
employer procures and keeps on file, subject to inspection, an employment 
certificate ; a list of children employed shall be posted conspicuously near the 
principal entrance of the place of employment. Inspectors of factories and 
other authorized inspectors and attendance officers may require that certifi- 
cates and lists provided for in this chapter shall be produced. On the ter- 
mination of the employment of a child, the employment certificate herein 
provided for shall be returned to authority issuing the same. No employment 
certificate shall be issued until school record of child is filed and evidence of 
age is produced; no such certificate shall be issued until person issuing the 
same shall have examined the child and found him able to read and legibly 
write simple English sentences; such certificate shall state the name, age, 
date, and place of birth, and distinguishing characteristics of child ; certificate 
shall state that child has attended school at least 160 days during year 
previous to application for school record; -person issuing certificates shall 
transmit list monthly to State superintendent and also a list of those to 
whom certificates have been refused. No person under 18 years old shall be 
employed in any occupation declared by State board of health to be dangerous 
to life or limb or health or morals. No female shall be employed in or about 
any mine, quarry, or coal breaker. In incorporated cities and towns no per- 
son under 21 years old shall be employed in the transmission of messages 
between 10 p. m. and 5 a. m. No boy under 16 and no girl under 18 shall 
be employed, other than in domestic service or work on a farm, more than 48 
hours a week or 8 hours a day nor between the hours of 7 p. m. and 7 a. m. 
No boy under 10 and no girl under 16 shall sell newspapers, periodicals, or 
merchandise in cities of first and second classes. No child under 10 shall 
work as a bootblack in any street or public place. Authorized inspectors and 



H (g). CHILD LABOR. 561 

attendance officers may visit places of employment to ascertain whether chil- 
dren are employed therein contrary to law. 

Arkansas: No child under 12 years old shall be employed in any factory or 
manufacturing establishment under any circumstances, but this provision 
shall not apply to the preservation of fruits and vegetables in vacation time ; 
no child under 14 years old shall be so employed unless such child has no 
means of support or unless a widowed mother or disabled father is de- 
pendent upon the labor of such child for support ; no child under 14 years 
old shall be employed in a factory or manufacturing establishment between 
7 p. m. and 6 a. m, nor more than 60 hours a week or 10 hours a day. Except 
as hereinbefore provided, no child under 14 years old shall be employed in 
any factory or manufacturing establishment, unless such child is able to 
read and write simple sentences and has attended school 12 weeks during the 
preceding year; no child between 14 and 18 years old shall be so employed, 
unless such child shall have attended school 12 weeks during the preceding 
year, but this section shall apply only to children entering such employ- 
ment at the age of 14 or less. No employer shall employ a child unless there 
is first placed on file an affidavit by person standing in parental relation 
certifying to child's age. 

See also H (f), Compulsory attendance. 

California : No minor under 18 years old shall be employed in a manufacturing, 
mechanical, or mercantile establishment more than eight hours, except to 
make repairs or to secure a shorter day once a week, and no such minor 
shall work more than 48 hours a week ; no minor under 18 shall be employed 
between 10 p. m. and 5 a. m. ; no minor under 15 years old shall be employed 
In any store, office, factory, place of amusement, restaurant, hotel, apartment 
house, or as a messenger without a permit to work. Superintendent of 
schools may issue work permits to minors 12 to 15 years old, as follows: 
(1) When grammar grades have been completed and applicant is physically 
fit, or (2) where earnings of child over 12 years are needed by dependent 
parent or guardian ; no permit shall be issued except on written evidence that 
suitable work is awaiting such minor and permit shall specify the kind of 
labor; permits for children of dependent parents shall be issued for not 
exceeding six months ; employer shall keep permit on file ; permit may be 
revoked by commissioner of labor statistics or by authority issuing it when 
it is found that conditions for its legal issuance do not exist ; file of permits 
shall be open to inspection; duplicate copy shall be kept by person issuing. 
Attendance and probation officers may enter places of employment to investi- 
gate violations of this act. Permit may be issued to minors over 12 years 
old to work during vacation time ; must state when vacation ends and at end 
of vacation be returned to minor. No minor under 16 years old shall be 
employed at any gainful occupation while schools are in session unless he has 
completed the grammar grades or is a regular attendant at a night school, 
but if physician certifies that the bodily or mental condition of minor makes 
attendance inadvisable, he may be excused for nonattendance. Employers of 
minors under 18 years old in a manufacturing establishment shall post notice 
of hours of labor required; employers of minors under 16 years old in 
occupations permitted shall keep a record of names, ages, etc., of such minors 
and a file of age and schooling certificates open to inspection of attendance 
and probation officers and officers of State bureau of labor statistics. *An 
age and schooling certificate shall be approved only by the superintendent of 
schools or a person authorized by him or by the school board ; such certificate 
shall be issued only on written request of prospective employer of minor; 
3966°— 15 36 



562 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

certificate shall not be issued except upon satisfactory evidence of the age 
of the minor ; duplicate certificates shall be filed with county superintendent, 
who shall report number, etc., to commissioner of labor statistics ; certificates 
shall be on form furnished by bureau of labor statistics. No minor having an 
age and schooling certificate under this act and no minor under 16 years 
old who would be required to attend shall, while the schools are in session, 
remain out of school and unemployed for a period longer than two weeks ; 
within one week after such minor ceases employment employer shall notify 
county superintendent, who shall notify attendance officer in district where 
child resides. Fines for violation shall be paid into the school fund, except 
when bureau of labor statistics prosecutes, in which case such bureau gets 
one-half. This act shall not apply to agricultural, horticultural, viticuitural, 
or domestic pursuits when schools are not in session, but horticultural shall 
include " curing " and " drying " but not " canning " ; minors 15 to 18 years 
old may be employed in theatrical performances. 
Colorado : No child under 14 years old shall be employed or permitted to work 
at any gainful occupation in any theater, concert hall, or place of amusement 
where intoxicating liquors are sold, or in any store, office, hotel, laundry, 
manufacturing establishment, bowling alley, passenger or freight elevator, 
factory or workshop, or as a messenger or driver therefor; no child under 14 
years old shall be employed for wages or other compensation during any por- 
tion of a month when the public schools are in session, nor be employed be- 
tween 8 p. m. and 7 a. m., nor be allowed to work more than 8 hours a 
day, or 48 hours in a week. Nothing in this act shall prevent the employ- 
ment of children in any orchard, garden, field, or farm, but children under 14 
employed by person other than their parents must secure a permit from the 
superintendent of schools. No person having care, custody, or control of any 
child under 16 years old, or apparently under such age, shall use or employ 
such child in a concert hall or room where intoxicating liquors are sold or 
given away, or in any immoral place, or in any vocation dangerous to the 
morals, health, life, or limb of such child, but this section shall not prevent 
child from being a singer or musician in a church or from taking part in 
amateur entertainments, etc. No person, firm, or corporation shall employ 
any child under 16 years old in any hazardous occupation or in the manu- 
facture of goods for immoral purposes ; no female under 16 years old shall be 
employed in any capacity which compels standing constantly ; no female un- 
der 10 years old shall be permitted to sell or distribute newspapers, peri- 
odicals, or merchandise in the streets or alleys of a city. Every employer 
of children between 14 and 16 years old shall keep a register of such children 
in the place of employment and shall procure and keep on file an age and 
school certificate. Employer of five or more- children under 16 years old shall 
keep a list of such children posted in the room or rooms where employed. An 
age and school certificate shall be approved only by the superintendent of 
schools or some one authorized by him or, where there is no superintendent, by 
some one authorized by the school board ; proof of age must be furnished 
or parent or guardian must take oath to child's age and schooling. Cer- 
tificate shall show that child can read and legibly write simple sentences, or 
if he is unable to do so and is under 16. that he is attending an evening 
school ; duplicate of age and school certificate shall be sent to the State fac- 
K)ry inspector's office. State factory inspector shall, in person or by assist- 
ants, visit and inspect places of employment subject to the provisions of this 
act ; on written complaint to local school authorities of violation of this act, 
such authorities shall report the same to the State factory inspector. The 



H (g). CHILD LABOR. 563 

presence of a child in any manufacturing establishment, factory, or workshop 
shall constitute prima facie evidence of his or her employment therein. State 
factory inspector shall enforce this law and secure prosecution of violators. 
Any child may be exempted from the provisions of this act concerning the 
employment of children in a concert or theatrical exhibition or a place where 
intoxicating liquors are not sold, and if between 14 and 16 years old from the 
other provisions of the act, except the provisions concerning hazardous, un- 
healthful, and immoral occupations, on application to city superintendent or, 
if there be none, to the county superintendent or some person designated by 
superintendent, and on cause being shown why such exemption should be 
allowed; if application be denied, appeal may be taken to county or juvenile 
court, or person passing on application may make condition that moral and 
physical health of child be safeguarded and that educational advantages be 
provided. 

See also H (f), Compulsory attendance. 

Connecticut: No child under 16 years old shall be employed or permitted to 
work in any occupation which is dangerous to life, limb, health, or morals of 
such child; no girl under 16 years old shall be employed or permitted to 
work in any capacity requiring such girl to stand continuously. No person 
under 18 shall be employed to operate any passenger or freight elevator 
running at a speed of over 200 feet per minute. The factory inspector shall 
enforce the provisions of this act and shall report annually to the governor. 
Violators of this act shall be fined not exceeding $100. No minor under 16 
years old and no woman shall be employed in any mercantile establishment, 
other than manufacturing or mechanical, more than 58 hours in any one week ; 
employers in such establishments shall post hours of labor in a conspicuous 
place ; if any such employer shall, prior to January 1, give notice that during 
June, July, and August the hours of labor will be only 55 per week, then such 
minors under 16 years old and women may be employed 60 hours a week for 
the rest of the year. 

Any person of good physical condition between 14 and 16 years old shall, 
on application to the secretary or an agent of the State board of education, 
be granted a certificate of employment to be good during vacation time. 

See also A (bl), State boards; H (f). Compulsory attendance; M (c). 
Evening schools. 

Delaware: No child under 12 years old shall be employed in or about any 
canning or packing establishment other than of perishable fruits. (Sec. 2.) 
No child under 14 shall be employed in or about any manufacturing or mer- 
cantile establishment, tenement house, ofiBce, restaurant, bakery, barber shop, 
hotel, bootblack stand, public stable, garage, laundry, or as a driver, in any 

. brick or lumber yard, in the construction or repair of buildings, or in the 
transmission of messages. Unlawful to employ any child under 14 during the 
hours when the public schools of the district are in session. No child under 
14 shall be employed in hazardous occupations; no child under 15 shall be 
employed in any occupation injurious to health or morals ; no child under 16 
shall be employed on the stage or about any theater or concert hall, but State 
child-labor inspector may grant a permit for such performance for two weeks. 
State board of health may determine whether any particular trade, process. 
or occupation is injurious to children under 15 years old, but employer may 
appeal to the superior court. No child under 16 may be employed in any 
of the above occupations, unless employer first secures an employment cer- 
tificate and keeps posted a list of boys under 16 and girls under 18 em- 
ployed ; employment certificate shall be issued by the city superintendent of 



564 STATE LAWS RELATING TO PUBLIC EDUCATION. 

schools of Wilmington or by one of the county, superintendents or by some 
person designated by either of them ; such certificates shall be either general 
for the entire year or for vacation time only. Person issuing certificate shall 
not issue the same until he has approved the following: (1) The school 
record of the child, (2) a physician's certificate certifying child's physical 
fitness, (3) evidence of child's age. Child must appear before person issuing 
certificate and give evidence of ability to read intelligently and write legibly 
simple English sentences. Every certificate shall describe the child. School 
record shall show that the child has attended school at least 130 days, either 
during the 12 months prior to arriving at the age of 12 or prior to applying 
for such record. School superintendents shall transmit monthly to State 
child-labor inspector a list of children to whom employment certificates have 
been issued. Child-labor inspector may demand of an employer either that 
proof of age of child employed be furnished or that child's employment cease. 
No child under 15 years old shall be employed in hazardous occupations, un- 
less establishment where employed is insured under the approval of the board 
of insurance underwriters. No person under 21 years old shall be employed 
in or about any place where intoxicating liquors are sold. No girl under 18 
shall be employed in any capacity where compelled to stand all the time. No 
boy under 16 and no girl under 18 shall be employed in any occupation men- 
tioned in section 2 of this act for more than six days, or 54 hours, in a week, 
or between 6 p. m. and 7 a. m. In cities of over 20,000 population no person 
under 18 shall be employed in the transmission of messages or merchandise 
between 10 p. m. and 6 a. m. ; all employers of persons under 18 shall keep 
the child-labor law posted in a conspicuous place. No boy under 12 and no 
girl under 14 in any city having over 20,000 population shall sell newspapers 
or other periodicals in a public place ; no boy under 14 and no girl under 16 shall 
in any such city engage in any other street occupation ; no boy under 14 and no 
girl under 16 shall sell newspapers or other periodicals in a public place, ex- 
cept when granted a permit and a badge by -the school superintendent ; no 
person under 16 to whom a permit and a badge have been issued shall work 
at occupations named between 8 p. m. and 6 p. m., or during school hours. 
Child violating the provisions of this act regarding street occupations shall 
forfeit his permit and badge for a period of six months. State child-labor 
inspector may visit any place of employment ; failure of employer to produce 
employment certificate or list required by this act shall be prima facie evi- 
dence of illegal employment. Where child's services are needed for the sup- 
port of the family on account of the death or illness of a parent, proper court 
may grant a permit to work for one year. Employer or parent of child em- 
ployed contrary to law may be fined for the first offense and may be punished 
by both fine and imprisonment for subsequent offenses. Justice of peace shall 
have jurisdiction under this act. Delaware Child Labor Commission shall 
appoint a child-labor inspector at a salary of $1,800 per annum. 
Florida: No boy under 10 years old and no girl under 16 shall sell news- 
papers, magazines, or other periodicals in a public place in any city of 6,000 
population or more. No child under 12 years old shall be employed in or 
about any store, oflice, in the transmission or sale of merchandise, or in the 
transmission of messages in any city of 6,000 population or more. No child 
under 14 shall be employed in or about any mill, factory, workshop, 
mechanical establishment, laundry, or on the stage of any theater. No child 
under 16 shall be employed in any factory, workshop, laundry, mine, or mill 
unless employer procures and keeps on file and open to inspection an employ- 
ment certificate for such child and keeps two lists of such children, one con- 



H (g). CHILD LABOR. 565 

spicuously posted; on termination of employment certificate shall be returned 
to child or parent or guardian; State labor inspector may demand proof of 
age of any child suspected of being under 16 years old, and employer's failure 
to furnish the same shall constitute prima facie evidence that child is under 
required age. Employment certificate shall be issued by county superin- 
tendent of schools or by some person designated by him. Person issuing cer- 
tificate must have approved and filed the following papers: (1) School record 
of child; (2) a passport or duly attested transcript of birth or baptismal 
record; (3) affidavit of parent, guardian, or custodian as to child's age and 
place of birth, v^^hich, however, shall not be required in case birth certificate 
is presented. Such employment certificate shall not be issued until child has 
appeared before officer issuing the same and has shown ability to read and 
write simple Englisb sentences and until said officer has satisfied himself as 
to child's physical fitness ; in doubtful cases child shall be examined by a 
physician ; said certificate shall describe the child. School record required of 
child shall be issued by principal or person in charge of school and shall show 
that during year previous to arriving at age of 14 child attended school at 
least 60 days and studied reading, writing, spelling, and geography and is 
familiar with the fundamental operations in arithmetic. No child under 16 
years old shall be employed in any mill, factory, workshop, mechanical estab- 
lishment, laundry, or on the stage of any theater for more than 6 days in a 
week, 54 hours in a week, 9 hours in a day, or between 8 p. m. and 5 a. m. 
No person under 21 years old shall be employed where intoxicating liquors 
are sold. No person under 18 shall be employed to deliver messages or 
goods between 10 p. m. and 5 a. m. County or city judicial or police officers 
may visit places of employment to detect violations of this act and shall re- 
port violations of the same to superintendent of schools or State labor in- 
spector. No child under 16 years old shall be employed in any occupation 
dangerous to life, limb, or health, nor in the manufacture of goods for im- 
moral purposes ; no girl under 16 shall be employed where compelled to remain 
standing constantly. Suitable and proper washrooms and water-closets shall 
be provided for all children under 16 years old. Places of employment shall 
be kept sanitary. A copy of this act shall be kept posted in every workroom 
where children under 16 are employed. A State labor inspector shall be 
appointed by the governor for a term of four years, male or female; salary 
$1,200 per annum and expenses. This act shall not apply to agricultural and 
domestic work, nor to boys delivering newspapers to regular subscribers out 
of school hours. 
Georgia: No child under 14 years old shall be employed in or about any mill, 
factory, laundry, or place of amusement, except that children over 12 years 
old who have widowed mothers dependent upon them for support or who are 
orphans dependent upon their own labor for support may work in factories. 
No child under 141 years old shall be employed in any occupation mentioned 
above, unless employer procures and keeps on file open to inspection a cer- 
tificate from the superintendent of schools in the county or city in which such 
child resides certifying that such child is not less than 14 years old and has 
attended school not less than 12 weeks during the preceding year, unless such 
child be over 12 years old and has a widowed mother dependent upon him 
or her for support, or is an orphan dependent on own labor for support. 
The certificate issued by superintendent shall show name, date, and place of 
birth of child, with name and address of person in parental relation, and that 
child has appeared before said superintendent and submitted satisfactory 
evidence as to age; duplicate copy of said certificate shall be filed with the 



666 STATE LAWS RELATING TO PUBLIC EDUCATI0IJ7. 

commissioner of labor, who may revoke any certificate improperly issued and 
notify employer of child that employment must cease, but this provision shall 
not apply to child over 12 who has a widowed mother dependent upon him or 
her for support or who is an orphan dependent on own labor. No child under 
14^ years old shall be emi>loyed in any mill, factory, laundry, or place of 
amusement between 7 p. m. and 6 a. m. Commissioner of labor and his 
authorized assistants shall enforce this act. Violation of this act a misde- 
meanor. Whether a child over 12 has a widowed mother dependent upon 
him or her for support or is dependent on own labor for support shall be 
determined by a commission composed of county superintendent, ordinary of 
the county, and head of school in district where child resides. 
Idaho: No child under 14 years old shall be permitted to work in any mine, 
factory, workshop, mercantile establishment, store, telegraph or telephone 
office, laundry, restaurant, hotel, apartment house, or in the distribution or 
transportation of merchandise or messages; it is unlawful to employ any 
child under 14 in such service during school hours or between 9 p. m. and 6 
a. m., but child over 12 may be employed in such occupations in vacation 
time. No minor under 16 shall be employed in a gainful occupation during 
school hours unless he can read at sight and write legibly simple sentences 
and has received instruction in spelling, grammar, geography, and arithmetic 
through fractions. Every firm, etc., permitting minors 14 to 16 years old to 
work in occupations enumerated shall keep a record of names, ages, and 
places of residence of such minors; no minor under 16 shall be permitted to 
work more than 54 hours in a week, more than 9 hours a day, nor between 
9 p. m. and 6 a. m. Employer of a child under 16 and person having con- 
trol of such child who permits such child to be employed shall be fined not 
exceeding $50 for violations of this act, and employer, after notice, shall be 
fined $5 for each day unlawful employment continues ; person in control of a 
child under 16 years old who lets out such child for theatrical or circus em- 
ployment, begging, or immoral purposes shall be fined $50 to $250 or im- 
prisoned not exceeding six months ; person employing such child in such way 
is punishable in like manner; no person, firm, or corporation shall send a 
minor to a saloon, gambling house, or immoral place, and no minor shall be 
employed in handling intoxicating liquors. Probation officer, and in counties 
where there is none, school trustee or trustees, shall visit places of employ- 
ment to determine whether there are violations of this act. 

Illinois: No child under 14 years old shall be employed in any theater, 
concert hall, or place where intoxicating liquors are sold, or in any store, 
office, hotel, laundry, manufacturing establishment, bowling alley, elevator, 
workshop, or as messenger or driver therefor; no child under 14 years old 
shall be employed at a gainful occupation during any portion of any month 
when the public schools are in session, nor between the hours of 6 p. m. and 

. 7 a. m. ; every employer of children between 14 and 16 years old in said occu- 
pations shall keep a register of such children in the place of employment, and 
no person shall employ a child between 14 and 16 years old unless there is 
first produced and placed on file an age and schooling certificate; every em- 
ployer of five or more such children shall keep posted in a conspicuous place 
a list of such children, showing name, age, and place of residence ; employers 
shall keep on file a list of all children employed who are under 16 years old 
and can not read at sight and write legibly simple sentences, unless any child 
is attending night school. An age and schooling certificate shall be approved 
only by the superintendent of schools or some person designated by said 
superintendent or by the superintendent or principal of a parochial school; 



H (g). CHILD LABOR. 567 



no such certificate shall be issued until satisfactory proof of the age of the 
child shall have been produced; certificate shall show that child is able to 
read at sight and write legibly simple sentences or is attending night school r 
where there is no night school, or when such school is not in session, no cer- 
tificate shall be issued to a child under 16 who can not read and write. State 
inspector of factories shall visit and inspect places of employment where 
childreu may be employed contrary to this act and may require certificates, 
lists of employees, etc., required by law; on written comi^laint being made, 
school board shall report violations of this act to the State factory inspector. 
No person under 16 years old shall be employed more than 48 hours in any 
one week, nor more than 8 hours a day, nor between 7 p. m. and 7 a. m. 
No child under 16 years old shall be employed in any hazardous or immoral 
occupation; no female under 16 years old shall be employed where required 
to stand constantly. State factory inspector shall enforce the provisions of 
this act and shall prosecute violations of the same before any court of com- 
petent .iurisdiction. 

Indiana: No child under 14 years old shall be employed or permitted to work 
in any gainful occupation other than farm work or domestic service, but 
children between ages of 12 and 14 years may be employed in preserving and 
canning fruits and vegetables during certain months of each year. No child 
under age of 16 years shall be employed, except in farm work or domestic 
service, more than 48 hours in any one week, or more than 8 hours in any 
one day without the written consent of parent or guardian, and in no event 
shall the hours of such employment be more than 54 in any one week or 9 
in any one day; no such child shall be employed, except in farm work or 
domestic service, between the hours of 6 p. m. and 7 a. m. ; no such child 
shall be employed in any place where tobacco is manufactured, in any hotel, 
theater, or place of amusement, or in any business injurious to health or 
morals. No boy under 16 years old and no girl under 18 years old shall be 
employed or permitted to work in places where alcoholic liquors are manu- 
factured, packed, wrapped, bottled, or sold, or where matches are manufac- 
tured, or where explosives are stored or manufactured. No girl under 18 
years old shall be employed in any capacity where constant standing is re- 
quired. No child under the age of 16 years shall be employed or permitted 
to operate certain kinds of machinery. Employers must keep the names and 
ages of children employed posted in conspicuous places. No child under 16 
years old, who is not blind, shall be employed unless such child is able to read 
and write simple sentences in the English language, except that such child 
may be employed during vacation time. All places of employment shall be 
provided with necessary wash rooms, closets, and dressing rooms; shall be 
kept sanitary ; shall be properly ventilated. All places of employment shall 
be subject to inspection by the chief inspector or person designated by him for 
such purpose; said inspector may demand a certificate of physical fitness 
from a physician in the case of children who may seem physically unfit for 
the labor at which they are employed, and may prohibit the employment of 
any child who can not obtain such a certificate. 
See also H (f). Compulsory attendance. 

Iowa: No person under 14 years old shall be employed with or without com- 
pensation in any mine, manufacturing establishment, factory, mill, shop, 
laundry, slaughterhouse or packing house, or in any store where more than 
eight persons are employed, or in the operation of any freight or passenger 
elevator. No person under 16 years old shall be employed in any occupation 
dangerous to life, limb, or morals; no female under 16 shall be employed 



568 STATE LAWS EELATING TO PUBLIC EDUCATION. 

where her duties compel her to remain constantly standing. No person 
under 16 shall be employed in any of the occupations mentioned in section 1 
of this act before 6 a. m. and after 9 p. m. ; if such person is employed ex- 
ceeding five hours in a day, a noon intermission of one-half hour shall be 
allowed and no such person shall be employed exceeding 10 hours in any one 
day, except where grain and vegetables are prepared for canning and where 
no machinery is operated. Employers at places enumerated in section 1 of 
this act shall keep posted a list of persons under 16 employed therein, giving 
the date of birth and date of employment of each ; any officer charged with 
the enforcement of this act may require proof of child's age from employer. 
Misdemeanor to violate the provisions of this act. 

Kansas: No child under 14 years old shall be employed in any factory, work- 
shop, theater, or packing house, or in operating elevators or about any mine; 
no person, firm, or corporation shall employ any child under 14 years old 
during school hours in district where child resides ; it shall be unlawful for 
children under 16 years old who are employed in vocations mentioned in this 
act or in the transmission of messages or merchandise to be employed before 
7 a. m. or after 6 p. m., or more than 8 hours a day or 48 hours a week; 
no person under 16 shall be employed at any occupation dangerous to life, 
health, or morals. All employers of persons under 16 years old as mentioned 
in this act shall first obtain a certificate of the age of such children based on 
school census records, the same to be secured from person authorized by school 
board to have charge of such records ; when child's name and age does not 
appear on census records, affidavit of parent or guardian shall be obtained 
and said affidavit shall be protection to employer unless such employer knows 
affidavit to be false. State factory inspector and State inspector of mines 
and their deputies shall examine children employed in vocations mentioned 
in this chapter as to their age and shall file complaints in courts of competent 
jurisdiction for violations of the act. Violation punishable with fine of $25 
to $100 or imprisonment in county jail 30 days to 90 days. 
See also H (f), Compulsory attendance. 

Kentucky: No child under 14 years old shall work in any factory, mill, work- 
shop, mercantile establishment, store, office, printing establishment, bakery, 
laundry, restaurant, hotel, apartment house, theater, motion-picture estab- 
lishment, or in the distribution or transmission of merchandise or messages; 
it shall be unlawful to employ any child under 14 in any business or service 
whatever during the time public schools are in session ; no child between 14 
and 16 shall be employed in any of the above-enumerated occupations unless 
the person employing him secures from proper authorities an employment cer- 
tificate; labor inspector may demand such certificate for child apparently un- 
der age, or that child cease work ; superintehdent of schools or county super- 
intendent of schools shall issue employment certificates based on (1) child's 
school record, (2) transcript of birth certificate, (3) statement of employer 
as to occupation, (4) physician's certificate; superintendent of schools shall 
monthly transmit to labor inspector a report on such certificates. The school 
record shall show that the child has attended school 100 days within 12 
months, can read and write, and has completed a course equal to the first 
five grades ; State superintendent shall furnish printed forms of certificates ; 
no person under 16 shall be employed in the above-enumerated occupations 
for more than six days in a week, eight hours in a day, nor before 7 a. m. 
or after 6 p. m. Truant officers may visit establishments to see whether law 
is being violated and may require lists of minors employed to be submitted 
for inspection. No child under 16 shall be employed in hazardous occupations. 



H (g). CHILD LABOR. 569 

but machinery specified may be used for instruction in schools ; where persons 
under 21 are employed owner shall guard dangerous machinery ; in cities of 
first, second, or third class no telegraph or telephone messengers under 21 
shall be employed before 6 a. m. or after 9 p. m. ; no female under 21 shall 
be employed where the work requires her to remain standing; factory walls 
shall be painted white and copies of this act posted. No boy under 14 nor 
girl under 18 shall be employed in cities of the first, second, or third class in 
street occupations of peddling, bootblacking, selling newspapers, or dis- 
tributing circulars; boys 14 to 16 may engage in these occupations between 
6 a. m. and 8 p. m. on complying with the terms of an employment certificate 
and on no other, and shall have a badge ; boys who can not meet the educa- 
tional requirements of the employment certificate may engage in these occu- 
pations between 6 a. m. and 8 p. m. on days when school is not in session; 
any child violating this section shall be deemed a delinquent. Violation of 
this act punishable by fine and imprisonment. 
See also H (f), Compulsory attendance. 
Louisiana: No child under 14 years old shall bo required, permitted, or em- 
ployed to labor in any occupation injurious to body, mind, or morals; viola- 
tion of this provision is punishable by fine of not less than $25 nor more than 
$50, or imprisonment for not exceeding six months, or both. State factory 
inspector or other proper factory inspector may issue age certificates to 
minors over 14 and under 16 years old seeking employment. No boy under 
age Of 16 years and no girl under age of 18 years shall be employed at any 
work between hours of 7 p. m. and 6 a. m. Employers shall keep list of 
minors employed posted in a conspicuous place; children securing age cer- 
tificates shall also procure from the city or parish physician a certificate as 
to the physical fitness of said child to perform the work required to be done. 
The presence of any child under 14 years old in any place of employment, 
except during dinner hour, s'hall constitute prima facie evidence of employ- 
ment. Employers shall furnish inspectors with statement of number of per- 
sons employed. Seats shall be provided for female employees, to be used 
when standing its not necessary; ample and separate dressing rooms and 
toilets shall be provided for the use of each sex; exits and stairways of 
places of employment shall be ample and safe ; places where women and chil- 
dren are employed shall be painted or lime washed when deemed necessary ; 
no minor or woman shall be required to clean machinery while same is in 
motion; the opening of all hatchways, elevators, and well holes in places 
where women or children are employed shall be protected by doors ; dust and 
lint fans and smoke consumers shall be used in places where women or chil- 
dren are employed; employers shall make required reports to the factory 
inspector ; report of inspections shall be made to commissioner of labor and 
to mayors of cities and towns. No boy under age of 12 years and no girl 
under age of 14 years in cities and towns having population of 10,000 or 
more shall be employed in any factory, mill, warehouse, workshop, or manu- 
facturing establishment. No person under age of 18 years and no woman 
shall be employed more than 10 hours in a day or 60 hours in a week, and at 
least 1 hour shall be allowed each day for dinner. In incorporated cities and 
towns the mayor, with consent of the council, and in parishes the police jury, 
shall appoint a factory inspector, to receive not exceeding $750 per year; 
such inspector shall enforce labor laws and prosecute cases of violation. 
Provisions of this act shall not apply to dornestic or agricultural laborers or 
industries. No child under 16 years of age shall be employed as an actor or 
singer or in any immoral or dangerous exhibition. 



570 STATE LAWS RELATING TO PUBLIC EDUCATION". 

Maine: No female under 18 years old and no male under 16 and no woman 
shall be employed in a manufacturing or mechanical establishment more than 
10 hours a day, except to make repairs to prevent stopping machinery or to 
get a shorter day one day in the week ; in no case shall the hours exceed 58 
in a week ; no male minor over 16 shall be employed as above over 10 hours 
a day except with consent of parent and for additional compensation; a 
female over IS may contract to labor an additional six hours a week, but 
must have consent of parent during minority ; employers shall post notices of 
hours of employment, etc. ; violators of this section shall be punished with a 
fine of $25 to $50; certificate of minor and of parent or guardian shall be 
evidence of age. No child under 14 shall be employed in any manufacturing 
or mechanical establishment ; no child under 14 shall be employed in a manu- 
facturing, mechanical, mercantile, or other business establishment, or in any 
telephone or telegraph office, or in the transmission of messages during 
school hours; employer or parent or guardian may be fined $1 to $50 for 
violation of this section. No child between 14 and 16 years old shall be 
employed in a manufacturing or mechanical establishment until authentic 
evidence of age is furnished; no child between 14 and 15 years old shall be 
employed in any manufacturing, mechanical, mercantile, or other business 
establishment, or in any telephone or telegraph office, or in the transmission 
of messages during school hours until he produces an age and schooling cer- 
tificate; no child between 15 and 16 years old shall be employed in a manu- 
facturing or mechanical establishment during school hours until he produces 
an age and schooling certificate; commissioner of labor may demand of em- 
ployer names of children under 16 years old and evidence of ages or age and 
schooling certificates, and failure to produce such shall constitute evidence of 
violation of the law ; employer or parent or guardian may be fined $1 to $50 
for violation of this section. Age and schooling certificates may be issued by 
superintendent or person authorized by school committee ; such certificate 
shall not be issued except upon satisfactory evidence of age of child nor until 
child can read at sight and write simple English sentences and perform sim- 
ple arithmetical problems to fractions; in doubtful cases physician's certifi- 
cate of child's physical fitness may be required; person making false state- 
ment or showing as to age of child shall be fined $25 to $50. This act shall 
not apply to any manufacturing establishment or business whose products 
are perishable and require immediate labor, but inspector and municipal 
officers may prohibit employment of children where conditions are detri- 
mental. 

See also H (f), Compulsory attendance. 
Maryland: No child between 12 and 16 permitted to work in any office 'or 
business of an enumerated list unless employer procures and keeps on file 
an employment permit ; violation carries penalty of fine ; attendance officers 
of public schools may visit establishments and report violations; six in- 
spectors appointed to carry out law. 

No child under 14 shall be employed or permitted to work in certain enu- 
merated trades and occupations ; no child under 12 shall be employed or per- 
mitted to work in certain other enumerated trades or occupations; unlawful 
for any person or firm to employ child under 14 in any business whatever 
" during any of the hours when the public schools of the district in which 
said child resides are in session unless said child shall have previously ful- 
filled during the current school year such requirements as to school attend- 
ance as now or may hereafter be prescribed by law." No child under 16 
shall be employed in hazardous occupations; no child under 16 shall be 



H (g). CHILD LABOR. 571 

employed in connection with any processes in which dangerous or poison- 
ous acid are used or similar occupations; no child under 16 shall be em- 
ployed in the occupations forbidden to those under 14 and 12 years old unless 
employer procures and keeps on file the employment certificate herehiafter 
provided and keeps two lists of names of boys under 16 and girls under 18 
conspicuously posted ; attendance officers and factory inspectors shall require 
that employment certificates be produced for inspection; on termination of 
employment certificate shall be returned by employer to official issuing same ; 
certificates shall be issued in Baltimore by chief of Maryland Bureau of Sta- 
tistics and Information and in counties by county school superintendent and 
only on application. He shall require the filing of certain papers: (1) School 
record, (2) physician's certificate, (3) evidence of age. No general em- 
ployment certificate shall be issued until child in question has been personally 
examined; no vacation employment certificate shall be issued till the child 
has appeared and filed above evidence of age or a physician's certificate ; all 
employment certificates shall be issued on forms supplied by bureau of 
statistics and information and shall contain name and address of prospective 
employer; school record required shall be filled out by school principal and 
shall state that child has attended school the minimum period required and 
is able to read intelligently and write legibly; inspector of factories or at- 
tendance officer may make demand on any employer in regard to children 
apparently under 16, and his failure to produce legal proofs of age shall be 
prima facie evidence of illegal employment; no child under 18 shall be em- 
ployed in certain enumerated dangerous employments; no minor under 21 
shall be employed in or about any saloon; no female under 18 shall be 
employed where she must stand constantly; in cities of 20,000 or over no 
person under 18 shall be employed in telegraph or telephone service or de- 
liver messages before 6 a. m. or after 10 p. m. ; employers shall post this 
section ; no boy under 10 or girl under 16 shall, in cities of 20,000 or over, sell 
papers on streets; may deliver on regular route; no boy under 14 or girl 
under 16 in cities of 20,000 or over shall be employed as bootblack or in any 
other street occupation; no boy under 16 in any city of 20,000 or over shall 
sell newspapers, etc., unless he complies with all the requirements of school 
attendance and a permit and badge be issued to him; conditions under which 
these may be issued are stated ; child under 16 with permit and badge shall 
not work before 6 a. m. or after 8 p. m. ; violation of these provisions shall 
cause the child to be deemed delinquent ; permit and badge may be revoked ; 
factory inspector and attendance officers may visit any place to see if this 
section is being violated; law shall not prevent children of any age from 
receiving industrial education ; violation of law punishable by fine ; Maryland 
Bureau of Statistics and Information shall appoint seven inspectors and an 
employment certificate officer ; $17,000 to carry out law ; provisions regulating 
the hours of labor for females. 
Massachusetts: "Child" or "minor," "factory," "mercantile establishments," 
" public building," " schoolhouse," and " workshop " are defined. No minor 
under 14 years old shall be employed or permitted to work in or about any 
factory, workshop, manufacturing, mechanical, or mercantile establishment, 
barber shop, bootblack stand or establishment, public stable, garage, brick or 
lumber yard, telephone exchange, telegraph or messenger office, or in the 
construction or repair of buildings, or in any contract or wage-earning 
industry carried on in tenement or other houses; no minor under 14 years 
old shall be ein ployed at work performed for compensation during school 
hours or between 6 p. m. and 6.30 a. m. 



672 STATE LAWS RELATING TO PUBLIC EDUCATION. 

No minor under 16 years old shall be employed or permitted to work in 
operating or assisting in operating any hazardous machines or in any occupa- 
tion injurious to health or morals; the State board of labor and industries 
may determine what occupations are injurious to the health or morals of 
such minors. No minor under 18 years old shall be employed or permitted 
to work in occupations injurious to health or morals; the State board of 
labor and industries may determine what occupations are injurious to such 
minors. No person under 21 years old shall be employed or permitted to 
work in 'or about any saloon or barroom; no such person in any employment 
shall knowingly be taken, sent, or caused or permitted to be sent to any im- 
moral place. No minor under 16 years old shall be employed or permitted to 
work in any occupation for more than 6 days in any one week, more than 
48 hours in any one week, more than 8 hours in any one day, nor between 
6 p. m. and 6.30 a. m. No boy under 18 years old and no woman shall be 
employed in any factory or workshop or in any manufacturing, mercantile 
establishment, telegraph office, or telephone exchange, or by any express or 
transportation company more than 54 hours in any one week, nor more than 
10 hours in any one day; no boy under 18 years old and no girl under 21 
years old shall be employed between the hours of 10 p. m. and 5 a. m. Except 
for delivering messages directly connected with conducting or publishing a 
newspaper, no person under 21 years old shall be employed as messenger for 
a telegraph, telephone, or messenger company in the transmission of messages 
or goods between 10 p. m. and 5 a. m. No boy under 12 years old and no 
girl under 18 years old shall, in a city of over 50,000 inhabitants, sell, ex- 
pose, or offer for sale articles of merchandise of any description, or exercise 
any trade in any street or public place. No boy under 16 years old shall 
engage in any occupation, unless he complies with the foregoing provisions and 
with requirements concerning school attendance, and unless an employment 
badge has been issued to him by the proper officer ; to receive such badge such 
boy shall be at least 12 years old ; such badge shall not be issued to any boy 
who is mentally or physically incompetent or unable to do such work in addi- 
tion to school work. The badge shall be conspicuously exposed by such boy 
while so working; no boy shall transfer said badge to any other boy; such 
boy shall exhibit said badge upon demand by the proper officer. No boy 
under 16 years old shall sell, expose, or offer for sale any articles of mer- 
chandise in any street or public place between 9 p. m. and 5 a. m., nor, unless 
provided with an employment certificate, during school hours. Employers 
of minors shall keep posted in, their establishments schedules of hours of 
employment of said minors, together with shift lists of said minors ; the State 
board of labor and industries shall furnish such forms and notices to em- 
ployers upon request. The labor laws shall be enforced by attendance officers 
and by police officers. Any employer or agent of an employer who employs 
a minor contrary to law shall be deemed guilty of a misdemeanor. Any per- 
son who hinders any officer in the performance of his duties in the enforce- 
ment of the employment law shall be guilty of a misdemeanor. Any person 
who encourages any minor to violate any provision of the employment law 
shall be guilty of a misdemeanor. Any person in control of a minor, who com- 
pels or permits such minor to work in violation of any provisions of this act, 
or who knowingly certifies to a false statement for purpose of obtaining illegal 
employment of such minor shall be guilty of a misdemeanor. Any officer 
who violates or fails to comply with tho provisions of this act shall be 
deemed guilty of a misdemeanor. Any minor who shall engage in any occu- 
pation contrary to law shall, for the first offense, be warned by the proper 
officer, and the parent, guardian, or custodian of such minor shall be notified ; 



H (g). CHILD LABOE. 573 

in case of a second violation, such child may be arrested and dealt with as 
a delinquent, or, if over 17 years old, shall be punished by a fine not exceed- 
ing $15 upon the recommendation of the executive officer of the school where 
such child is attending, or upon the complaint of any attendance officer; the 
employment badge of any minor may be revoked for cause. Police, district, 
and municipal courts and trial justices and the Boston juvenile court, as 
to minors under 17 years old, shall have jurisdiction of offenses arising under 
this act No child between 14 and 16 years old shall be employed or be 
permitted to work in or about any factory, workshop, manufacturing, me- 
chanical, or mercantile establishment unless the employer of such child 
keeps on file accessible to the proper officials the employment certificate of 
such child, but such child shall be permitted to work in mercantile establish- 
ments on Saturdays between 7 a. m. and 6 p. m. without such certificate ; on 
termination of employment of a child whose certificate is on file, said certifi- 
cate shall be returned by the employer to the office of the superintendent of 
schools from which it was issued. An employment certificate shall be issued 
only by the superintendent of schools, or by a person authorized by him, or 
where there is no superintendent by a person authorized by the school com- 
mittee of the city or town where child resides, but no such certificate shall be 
issued to any child in, or about to enter, the service of the person so issuing 
the certificate. The person issuing employment certificates shall in each 
case, before issuing a certificate, receive, examine, approve, and file the follow- 
ing papers: (1) A pledge, signed by the employer, setting forth facts relative 
to such employment; (2) the school record of such child; (3) a physician's 
certificate to the effect that such child is in sound health and physically 
able to perform the work which the child intends to do; (4) evidence that 
the child is 14 years old or over. The employment certificate shall state 
the name, sex, date, and place of birth and place of residence of the child, and 
shall contain a physical description of such child and other necessary facts; 
said certificate shall state name of employer and nature of employment; no 
fee shall be exacted for issuance of said certificate; a record of such certifi- 
cates shall be kept. The proper officials may require employers to produce 
the employment certificates of minors employed, and failure to produce such 
certificates shall be prima facie evidence of the illegal employment of said 
minors. No child who is over 16 and under 21 years old shall be employed 
in any factory, workshop, manufacturing, mechanical, or mercantile estab- 
lishment unless his employer procures and keeps on file an educational certifi- 
cate of such child ; such certificates shall be issued by the person authorized 
to issue employment certificates. Nothing in this act shall be construed to 
prevent children of any age from receiving manual-training or industrial 
education in, or in connection with, any school in the State if the same has 
been duly approved by the local school committee or by the State board of 
education. No child under 15 years old shall be employed in any public 
exhibition except in church, chapel, or school exhibitions or in any festival, 
concert, or musical exhibition except upon permission of city or town officials. 
No child under 14 years old shall be admitted to any licensed show or place 
of amusement, except before 6 p. m. and during time school is not in session, 
unless accompanied by a person over 21 years old. 

See also H (f), Compulsory attendance ; O (d). Continuation schools. 
Michigan: No child under 21 years old shall be employed in any theater, 
concert hall, or place of amusement where intoxicating liquors are sold. No 
child under 14 years old shall be employed in or in connection with any mer- 
cantile institution, office, hotel, laundry, manufacturing establishment, mine, 



574 STATE LAWS RELATING TO PUBLIC EDUCATION. 

bowling alley, theater, passenger or freight elevator, factory or workshop, 
telegraph or messenger service. Every employer of a child under 16 must 
keep a register of such employees and a permit issued by the superintendent 
of schools or county commissioner of schools or person authorized by either 
of them; such permit shall be returned to child when employment ceases. 
Vacation permits shall be void at the expiration of vacation period. The said 
register and permit shall be open to inspection of factory inspectors. Person 
authorized to issue permits shall not issue the same until he has approved and 
filed the following papers : (1) The school report of child filled out and signed 
as hereinafter provided, but no such school report shall be required for vaca- 
tion permits; (2) evidence of child's age being over 14; (3) a statement by 
the issuing officer to the effect that child is able to read and write, that in his 
opinion child is 14 years old or over, and that child is physically fit for 
employment for which he may require a physician's certificate. The school 
record of child shall be furnished by principal or other executive officer of 
school attended and shall show that during previous year child attended 
school at least 100 days, that he completed the fourth grade of the public 
school or received in a school other than public instruction in reading, writ- 
ing, si)elling, English grammar, geography, and the fundamental operations 
in arithmetic. After issuance of a permit child shall report monthly to the 
person issuing the same. 

Minnesota: See H (f), Compulsory attendance. 

Mississippi: No girl under 14 and no boy under 12 years old shall be employed 
in any mill, factory, manufacturing establishment, or cannery ; no boy under 
16 or girl under 18 shall work more than 8 hours per day or 48 hours per 
week nor between 7 p. m. and 6 a. m. ; no child under 16 shall be employed 
without affidavit of parent or guardian regarding age and " also stating the 
last school attendance of such child and grade of studies pursued, and the 
name of school and name of teacher in charge " ; sheriif shall visit establish- 
ments at least once a month ; health officer shall visit without notice at least 
twice each year and report insanitary conditions, infectious or contagious 
diseases or children incapacitated to do work required ; sheriff shall remove 
child unlawfully employed and order premises put in sanitary condition ; 
grand juries shall investigate violations; manager failing to give correct 
information liable to fine ; fine or imprisonment or both for allowing children 
to work contrary to this statute; applies to establishments working in wool 
or other fabrics, to canneries, other than fruit canneries, to establishments 
where children are employed indoors at work injurious to health or in operat- 
ing dangerous machinery. No boy under 12 or girl under 14 shall work in 
any cotton or knitting mill; no boy under 14 or girl under 16 shall work in 
such mill over 8 hours a day or 48 hours a week or between 7 p. m. and 6 a. m. 

Missouri : No child under 14 years old shall be employed or permitted to work 
at any gainful occupation except at agricultural pursuits and in domestic 
service. No child under 16 years old shall be employed at any gainful occu- 
pation more than 48 hours a week or more than 8 hours a day, nor between 
7 p. m. and 7 a. m. Every employer shall keep posted in every Toom where 
such children are employed the hours of labor required; he shall also keep 
near the entrance a list of persons employed between 14 and 16. Every 
employer shall keep on file the employment certificate of each child between 
14 and 16, and such certificate shall be surrendered to owner at termination of 
employment. Such certificate shall be issued by school superintendent or by 
person authorized by him or, where no sui^erintendent is employed, by person 
authorized by board of directors. Certificate shall be based on (1) proof that 



H (g). CHILD LABOR. 575 

child is able to read and write simple English sentences, (2) proof of date and 
place of birth. Child must appear personally before person issuing certificate, 
who may require a physician's certificate as to child's physical fitness. All 
certificates shall be subject to review of the factory inspector or his assist- 
ants, who may annul the same when obtained fraudulently ; said inspector 
may demand a physician's certificate of physical fitness of any child employed ; 
said inspector shall furnish printed form for employment certificate. Person 
authorized to issue certificates shall report monthly to the factory inspector 
the names of children to whom certificates have been issued. The presence 
of a child under 16 in a place of employment shall be prima facie evidence of 
his employment therein. No boy under 10 and no girl under 16 shall sell 
newspapers, periodicals, or merchandise on the streets or in other public 
place. No child under 16 shall be employed in any hazardous occupation or 
occupation injurious to the health or morals of such child. Violations of this 
act shall constitute a misdemeanor, and each day's violation shall constitute a 
separate offense. 

Montana: See H (f), Compulsory attendance. 

Nebraska: See A (bl), State boards. 

Nevada: It shall be unlawful for any person, firm, or corporation to employ 
any child under 14 years old, in any business or service during school hours; 
no child under 16 years old shall be permitted to work in any employment 
declared by the State board of health to be dangerous to life or limb or in- 
jurious to the health or morals of such children. No person under IS years 
old shall be employed as a messenger for a telegraph or messenger company 
between 10 p. m. and 5 a. m. No boy under 16 years old and no girl under 
18 years shall be employed at other than domestic service or farm work more 
than 48 hours in any one week nor more than 8 hours in any one day. The 
presence of any child in any establishment during work hours is prima facie 
evidence of employment. 

See also H (f), Compulsory attendance. 

New Hampshire: See A (d), District boards and officers; H (f). Compulsory 
attendance; U (e). Schools for dependents and delinquents. 

New Jersey: No child under age of 14 years shall be employed, allowed, or 
permitted to work in any factory, workshop, mill, or place where manufacture 
of goods of any kind is carried on, or in any mine or quarry. No person under 
age of 16 years shall be employed in any of aforesaid places without an age- 
and-schooling certificate ; no such minor shall be employed at any occupation 
which, in the judgment of the commissioners of labor, is a menace to the 
safety or health of such minor ; no such minor shall be employed more than 
8 hours in a day or 48 hours in a week, nor shall such minor be employed 
between hours of 7 p. m. and 7 a. m. No child under age of 14 shall be em- 
ployed, allowed, or permitted to work in any mercantile establishment; no 
child under age of 16 years shall be employed in such establishment without 
an age-and-schooling certificate, and shall work not more than 8 hours in a 
day or 48 hours in any one week, and not between hours of 7 p. m. and 7 a. m. 
All mercantile establishments employing such minors shall be subject to in- 
spection by the proper officers. Employers shall keep a register of such 
minors employed. No such minors shall be employed in any mercantile estab- 
lishment in any employment that is detrimental to health or dangerous to life 
or limb of such minor, or is otherwise injurious. No person under age of 21 
years in cities of the first class, and no person under age of IS years in other 
municipalities, shall be employed or permitted to work as a messenger be- 



576 STATE LAWS EELATIN^G TO PUBLIC EDUCATION". 

tween the hours of 10 p. m. and 5 a. m. except with permission of com- 
missioner of labor. 
New York: Applicants for employment who are between ages of 14 and 18 
years shall register upon forms provided by commissioner of labor; such 
applicants may, upon securing employment certificates, register at a public 
or other recognized school. The superintendent of each public-employment 
office shall cooperate with school principals in securing positions for children 
leaving school to begin work. The advisoi-y committee shall appoint special 
committees on juvenile employment, which shall include employers, work- 
men, and educators, to advise as to the management of pubic employment 
offices ; such committees shall advise parents and children relative to employ- 
ment. No child under 14 years old shall be employed in any factory in the 
State; no child between ages of 14 and 16 years shall be employed without 
an employment certificate; farmers may, however, permit their children to 
do farm work, and boys over 12 years old may be employed in gathering 
produce, but not for more than six hours in any one day. Employment cer- 
tificates are issued by commissioner of health or executive officer of board or 
department of health of the city, town, or village ; such officer shall not issue 
such certificate until he shall have received and filed the school record and 
Sige certificate of such chi'd; any child in order to receive such employment 
certificate shall have completed the work of the first six years of the public 
elementary schools or its equivalent and obtained a school-record certificate 
as provided by law and shall be physically able to perform the work re- 
quired. The employment certificate shall state date and place of birth, and 
shall give physical description of child. Adthorities shall report monthly 
to commissioner of labor employment certificates issued; in cities of first 
and second classes, employment certificates and school records shall be in 
such form as shall be approved by commissioner of labor; in other cities, 
towns, or villages said commissioner shall prescribe such forms. Employers 
shall keep a register of children employed; employer shall return employ- 
ment certificate to parent or child upon termination of period of employment ; 
commissioner of labor may, when any child apparently under age of 16 years 
is employed illegally, demand employment certificate and age certificate of 
such child, and failure by employer to produce the same shall be prima facie 
evidence of illegal employment. All children between ages of 14 and 16 
years employed in factories shall, when required by a medical inspector, be 
examined; employment certificates may be canceled when child is physically 
unfit for work. No child under 16 years old shall be employed more than 6 
days or 48 hours in any one week, or more than 8 hours in any one day, or 
between hours of 6 p. m. and 8 a. m. No female employee over 16 years old 
shall work in any mercantile establishment more than 6 days or 54 hours per 
week, or more than 9 hours per day unless for purpose of making a shorter 
workday of some day in the week ; or between 10 p. m. and 7 a. m. ; this 
section does not apply to period of time between December 18 and the fol- 
lowing December 24, both inclusive. Not less than 45 minutes shall be allowed 
for the noonday meal of employees under 16 years old; 20 minutes shall be 
allowed for evening meal if employee is employed after 7 o'clock p. m. No 
person under 21 years old shall be employed as messenger between 10 p. m. 
and 5 a. m. Upon obtaining a permit and badge a male child over 12 years 
old, between close of school and 6.30 p. m., and a male child over 14 years 
old between 5.30 a. m. and 8 a. m., may distribute newspapers; said permit 
and badge shall be issued by the district superintendent, board of education, 
or by person designated by such board upon application of the person in 



H (g)." CHILD LABOB. 577 

parental relation to the cliM; badges shall be worn conspicuously; badges 
shall expire annually, and shall be nontransferable. In cities of first and 
second classes commissioner of labor shall enforce child-labor provisions, in 
other cities, towns, and villages the health authorities shall enforce such 
provisions; places where children are employed shall be open to inspection 
by the proper oflScers. No male child under 12 and no girl under 16 years 
old shall in any city of first, second, or third class sell or expose or offer for 
sale newspapers, magazines, or periodicals in any street or public place ; no 
male child under 14 years old shall sell or expose or offer for sale said articles 
unless he shall possess, a permit and a badge; children shall not be em- 
ployed in sale of said articles between 8 p. m. and 6 a. m. In cities of first, 
second, or third classes police officers and attendance officers shall enforce 
street-trade provisions. Any child who shall violate any provision of this 
act, may, if conditions shall warrant, be committed to a suitable institution 
for correction; for good cause any permit and badge may be revoked. Any 
parent, guardian, or other person who contributes to the delinquency of any 
child shall be guilty of a misdemeanor. The provisions herein made relative 
to employment in mercantile establishments shall apply to all villages and 
cities having a population of 3,000 or more. 
See also H (f), Compulsory attendance. 

North Carolina: No child under 12 years old shall be employed in any 
factory or manufacturing establishment, and no child between 12 and 13 shall 
be so employed, except as apprentice, and then only after attending school 
four months in previous year. No child under 16 shall be employed in any 
mill, factory, or manufacturing establishment between 9 p. m. and 6 a. m. 
No child under 13 years old shall be employed in any mill, factory, or manu- 
facturing establishment unless employer shall have procured and shall keep 
on file a certificate from person in parental relation to child showing such 
child's name and age and certifying that child has attended school four 
months in previous year. Misdemeanor for employer to employ child in 

..violation of this act or for person in parental relation to make false state- 
ment in certificate required or to permit child to work contrary to povisions 
of this act. County superintendent of schools shall investigate violations of 
this act and report to solicitors of judicial district. 

North Dakota: No child under 14 years old shall be employed in or in con- 
nection with any mine, factory, workshop, store, business office, telegraph 
office, restaurant, hotel, apartment house, or in the transmission of mer- 
chandise or messages ; no child under 14 shall be employed while the public 
schools are in session ; no child under 16 years old shall be employed in any 
mine, factory, workshop, or store unless the employer shall secure for such 
child an age and schooling certificate and shall keep on file and posted in a 
conspicuous place lists of children employed; the superintendent of schools 
or clerk of the school board may demand of an employer evidence of the age 
of any child for whom no certificate is on file, and if evidence is not produced 
that child is over 16 his employment shall cease unless certificate is secured. 
Age and schooling certificate shall be issued by superintendent, if one is 
employed, otherwise by clerk; said superintendent or clerk shall inquire (1) 
school record of child, (2) conclusive evidence of child's age or affidavit of 
parent or guardian; child shall appear before superintendent or clerk and 
show ability to read and write legibly simple sentences in English ; in doubtful 
cases as to child's physical ability, medical examination shall be made. The 
school record of the child shall be signed by the principal or executive officer 
3966°— 15 37 



578 STATE LAWS RELATING TO PUBLIC EDUCATION. 

of the school attended, and shall certify that child has attended the public 
school or school equivalent thereto for 120 days during the year prior to 
reaching the age of 14 or during the year preceding application. No child 
under 16 shall be employed in any gainful occupation for more than 48 hours 
a week, 8 hours a day, or between 7 p. m. and 7 a. m. ; employers shall post 
hours of labor. Peace officers may visit places of employment to ascertain 
whether there are violations of this act therein and shall report such viola- 
tions to the school board. No child under 16 years old shall be employed in 
any hazradous occupation or occupation dangerous to health or morals. Any 
person violating this act or making a false statement in a certificate shall be 
fined not less than $20 nor more than $50 for each offense. 

Ohio: No male child under 15 years old or female child under 16 years old 
shall be employed or permitted to work in, or in connection with any mill, 
factory, workshop, mercantile, or mechanical establishment, tenement house, 
manufactory, or workshop, store, office, office building, restaurant, board- 
ing house, bakery, barber shop, hotel, apartment house, bootblack stand 
or establishment, public stable, garage, laundry, place of amusement, club, 
or as a driver, or in any brick or lumber yard, or in construction or 
repair of buildings, or in transmission, distribution, or sale of merchandise, 
nor any boy under 15 or female under 21 years in the transmission of 
messages. It shall be unlawful for any person, firm, or corporation to employ 
any child under 15 years old in any business during school hours. No boy 
under 16 and no girl under 18 shall be employed in any occupation hereinbe- 
fore named without an age and schooling certificate ; such certificate shall be 
filed in place of employment, subject to inspection by truant officer. An in- 
spector of factories, truant officer, or other like official may require employers 
to produce evidence of age of any child apparently under 16 years of age; 
inability of any employer to furnish such proof within 10 days shall be 
deemed prima facia evidence of illegal employment of said child. Truant 
officers or like officials shall prosecute violators of law relating to employ- 

. ment of minors; this shall not limit right of other persons to make and 
prosecute such complaints. Any person who with illegal intent makes a false 
statement regarding the age of a minor shall be fined not less than $25 nor 
more than $50 ; every employer who fails to procure and keep on file employ- 
ment certificates for children under age of 16 years shall be fined not less 
than $25 nor more than $100. Any person, firm, or corporation who hinders 
or refuses to admit or locks out any truant or like officer shall be punished 
by a fine of not less than $25 nor more than $200, or by imprisonment for 
not less than 10 days nor more than 30 days, or both. Any person who in 
signing any employment certificate shall knowingly certify to a materially- 
false statement shall be fined not less than $25 nor more than $100. Any 
employed minor who refuses to give facts about himself to the proper officer 
when requested shall be taken before the juvenile court or other court of 
competent jurisdiction to be dealt with according to law. 
See also H (f). Compulsory attendance. 

Oklahoma: No child under 14 years old shall be employed or permitted to- 
work in any factory, workshop, theater, bowling alley, pool room, or steam 
laundry ; no child under 15 years old shall be employed or permitted to work 
in any occupation injurious to health or morals or hazardous to life or limb ; 
the commissioner of labor shall, upon investigation by himself or agent, or 
upon complaint by commissioner of charities and corrections, or the board of 
health, determine occupations in which such children may be employed. No 
child under 16 years old shall be employed or permitted to work in certain 



H (g). CHILD LABOR. 579 

euumerated occupants; no female under 16 years old shall be employed in 
any capacity where such employment requires them to remain standing con- 
stantly. No girl under 16 years old shall, in any city, sell or offer to sell 
newspapers, magazines, or periodicals in any street or outdoor public place. 
No child under 16 years old shall be employed or permitted to work in any 
of hereinbefore enumerated occupations unless such child can read and 
write simple sentences in English language, or shall have attended a school 
for compulsory period during preceding year. No child under 16 years old 
shall be employed or permitted to work in any gainful occupation, except 
agriculture or domestic service, more than 8 hours in any one day, allowing 
1 hour for noonday meal and rest, or more than 48 hours in any one week ; 
the employer shall provide suitable seats for child employees and permit 
their use so far as nature of work allows. No boy under 16 years old and no 
girl under 18 shall be employed or permitted to work between 6 p. m. and 
7 a. m. Chidren under 16 years old shall secure age and schooling certificates 
before being employed; employers shall keep such certificates on file for in- 
spection of proper officers; absence of such certificate shall be prima facie 
evidence of illegal employment. Age and schooling certificate shall be ap- 
proved only by county superintendent or his agent. The age and schooling 
certificate shall not be approved without satisfactory evidence of child's age ; 
child must be physically able to perform work required before certificate is 
issued; no fee shall be charged for issuing such certificate. No age and 
schooling certificate shall be issued to any child unless a school-attendance 
certificate of such child shall have been presented to proper authority. No 
child under 16 years old and no girl or woman shall be employed or permitted 
to work underground. 

Oregon: No child under 14 years old shall be employed in any factory, work- 
shop, store, business office, restaurant, bakery, hotel, or apartment house. 
No child under 16 years old shall be employed in telegraph, telephone, or 
public messenger service. No child under 14 shall be employed for wages 
while the public schools are in session. No child under 16 shall be employed 
between 6 p. m. and 7 a. m., nor for more than 10 hours a day for six days 
in a week. No child under 16 years old shall be employed in occupations 
mentioned above, unless employer shall procure and keep on file an age and 
schooling certificate approved by the secretary of the board of inspection of 
child labor, or person authorized by him ; no such certificate shall be issued 
except on satisfactory evidence of age stated therein; said certificate shall 
state that child can read and legibly write simple English sentences, and 
that child has attended school at least 160 days during year previous to 
arriving at age of 14, or during year previous to applying for certificate. 
Board of inspectors of child labor or person authorized by them may enter 
any place of employment to inspect the same and examine certificates and 
lists of employees. Inspectors of child labor may permit a child between 
12 and 14 years old to be employed at suitable work in vacation time. 
Board of insi)ectors of child labor shall be appointed by the governor ; term, 
five years, one being appointed each year; at least three shall be women; 
secretary, who shall be a member, shall receive not exceeding $1,500 annually ; 
other members shall receive no compensation. No person under 18 years old 
shall be employed in messenger service between 10 p. m, and 5 a. m. 

Pennsylvania: Minors over 14 years old who can read and write the English 
language intelligently, and who are physically qualified, may be employed in 
certain places of business having proper ventilation, sanitation, and no ex- 
posed power machinery ; no minor under 14 years old shall be allowed to work 



580 STATE LAWS KELATING TO PUBLIC EDUCATION. 

in a coal breaker or washery or in or about any coal mine. An employment 
certificate may be issued to minors between 14 and 16 years old. 

No child under 14 years old shall be employed in or about any coal breaker 
or washery or in or about the outside workings of any coal mine. Male minors 
over 18 years old may be employed in any legal employment, but all minors 
below 18 years shall not be employed in any hazardous occupation. No minor 
under the age of 16 years shall be employed to work in any coal mine ; minors 
under 16 years old to be employed shall have employment certificates. 
Rhode Island: No child under 3.4 years old shall be employed or permitted 
to work in any factory, manufacturing, or business establishment, and no 
child under 16 years old shall be employed or permitted to work in any of said 
places between 8 p. m. and 6 a. m. No child under age of 16 years shall be 
employed in any of aforesaid places, unless such child shall possess an age 
and employment certificate, given by or under direction of the school com- 
mittee. Such certificate shall state (a) name of child, (b) date and place of 
birth, (c) physical description, (d) name and address of person in control 
of such child; such certificate shall certify (1) that child is 14 years old, 
(2) that child is able to read and write simple English sentences, and (3) 
that child is physically able to perform work required, as certified to by a 
licensed physician. Physicians shall be allowed a fee of $1, payable by State, 
for examination of each such child. Form of age and employment certificate 
is prescribed. All such certificates shall be kept by employers, subject to in- 
spection of factory inspectors and truant officers; failure by any employee 
to produce such certificates when demanded by inspector or truant officer 
shall constitute a misdemeanor. Said certificate shall be surrendered to the 
child upon termination of employment if demanded, otherwise it shall be 
returned to school committee. School committee shall keep copies of em- 
ployment certificates issued. Every person, firm, or corporation employing 
• five or more persons or employing any child under age of 16 years shall be 
subject to provisions herein contained; such provisions shall not apply to 
domestic service or to agricultural pursuits. Governor shall appoint, with 
advice and consent of senate, one chief and four assistant factory inspectors, 
one of whom shall be a woman; term, three years; said inspectors shall visit 
places of employment as often as practicable, make annual report to legis- 
lature, and prosecute violations of employment before any court of jurisdic- 
tion ; said inspectors shall report cases of illegal employment of minors to the 
several school committees; annual salary of chief inspector shall be $2,000, 
of each assistant, $1,500; expenses of said inspectors, not to exceed in the 
aggregate $2,400 annually, shall be paid out of State treasui*y. Dangerous 
places or parts in any place of employment shall be properly inclosed. No 
minor under age of 16 years shall be allowed to clean machinery in motion 
unless approved by inspectors. Water-closets, earth closets, or privies shall 
be provided in all places where women and children are employed; separate 
dressing rooms shall be provided for women and girls when required by in- 
spectors; seats shall be provided in places where women and girls work, to 
be used by them when standing is not necessary. Inspectors shall require 
owners of places of employment to make such alterations or additions in their 
plants as are considered necessai-y ; any person who is aggrieved by any order 
of an inspector may appeal therefrom to the district court of district where 
building is situated. The State shall provide suitable office for use of said 
inspectors ; said inspectors may administer oaths or affirmations. Any person 
or corporation who employs a child under 16 years old without an employ- 
ment certificate, or who makes a false statement in regard to any part re- 



H (g). CHILD LABOR. 581 

quired by such certificate, or violates any provision of this chapter, shall be 
guilty of a misdemeanor. Inspectors shall post a printed copy of this chap- 
ter in every place of employment of persons affected by provisions of this 
chapter; inspectors shall not be required to give surety nor personal recog- 
nizance for costs. No child under 16 years old nor any woman shall be em- 
ployed in any manufacturing or mechanical business more than 58 hours in 
any one week or more than 10 hours per day. except in case of making repairs. 
All manufacturing establishments shall provide fresh drinking water of good 
quality for its employees. Inspectors shall inspect markets, bakeries, and 
other places where food is prepared or sold. No person under 21 years old 
shall be employed as a messenger between 10 p. m. and 5 a. m. 

South Carolina: Every employer of children under 14 years old shall post 
in a conspicuous place notice that such children shall not be employed in 
certain hazardous occupations; every employer of children shall procure 
from the person in charge of each child a signed statement as to age, place 
of birth, etc., of child. Inspectors may visit and inspect factories, workshops, 
and other establishments employing children. 

South Dakota : No child under 15 years old shall be employed at any gainful 
occupation in any mine, hotel, laimdry, factory, elevator, bowling alley, or 
in any saloon, theater, concert hall, or place of amusement where intoxi- 
cating liquors are sold, or as messenger or driver therefor, or in any other 
work performed for wages during the hours when the public schools are in 
session. Misdemeanor to employ children contrary to the provisions of this 
act ; fine, $10 to $50 for each offense. Misdemeanor for employer or person 
in control of child to make a false statement regarding child's age; fine, 
$10 to $50. Any employer and other person having control who shall compel 
any woman or girl, or any child under 14 years old, to labor more than 
10 hours a day shall be guilty of a misdemeanor ; this section shall not apply 
to farm labor, domestic service, or the care of live stock. No child under 14 
shall be employed in any mine, factory, or workshop, nor shall he or she 
be employed in a store except during vacation time. No child under 14 
shall be employed in any factory, workshop, mine, or store unless the 
employer shall file an employment certificate of each such child and a list 
of employees; such certificate shall be issued by the county superintendent 
or his agent, and shall state that said child can read and legibly write simple 
English sentences and has attended school as required by law. Every place 
of employment designated herein shall at all times be open to visitation by 
the county superintendent. Whenever the labor of a child whose employment 
is otherwise prohibited by this act is needed for his own support or the 
support of a family, the county superintendent, or chairman of the school 
board of an independent district, may permit his employment. Every place 
of employment shall be kept in a sanitary condition. 

Tennessee: It shall be unlawful to employ or suffer to work any child under 
14 years old in, or in connection with any mill, factory, workshop, laundry, 
telegraph, or telephone office, or in the distribution or transmission of 
merchandise or messages ; no child under 16 shall be employed in said 
occupations between 6 p. m. and 6 a. m. Unlawful to employ any child 
under 14 in any service which interferes with attendance at school, except 
in agricultural or domestic service, during the time public schools are in 
session. Unlawful to employ any child under 16 in hazardous occupations. 
Unlawful to employ any child under 18 in the distribution or transmission 
of merchandise or messages between 10 p. m. and 5 a. m. Unlawful to 
employ any child between 14 and 16 in any of the occupations enumerated 



582 STATE LAWS RELATING TO PUBLIC EDUCATION. 

ill section 1 of this act (first sentence of this digest) unless a certificate 
of parent or guardian showing place and date of birth of child is kept on 
file by employer. Employer or person in parental relation who violates the 
provisions of this act shall be fined $25 to $250. It shall be unlawful to 
employ any child under 16, or any female, in any workshop or factory more 
than 58 hours in any one week or more than 10^ hours in any one day. 

Texas: Any person, firm, or corporation who shall employ any child under 
15 years old in any manufacturing or other establishment using dangerous 
machinery, or about the machinery in any mill or factory, or in any distil- 
lery, brewery, or in the manufacture of goods for immoral purposes, or 
where health may be impaired, or who shall send such child to any immoral 
house, or, having control of child, shall permit such child to go to such 
house, shall be guilty of a misdemeanor. No child under 17 shall be employed 
about any quarry or mine. State commissioner of labor statistics and his 
deputies shall have free access to places of employment. 

Utah: No child under 14 years old shall be employed in any occupation which 
is dangerous to life or limb or injurious to health or morals of children ; 
employment certificates shall be issued by superintendent of schools or 
person authorized by school board; before issuance of such certificate child 
must appear before officer issuing same and give evidence of ability to read 
and legibly write simple English sentences. An authorized inspector or truant 
officer, suspecting an employed child of being under 14, shall make demand 
of employer that proof of age of such child be given within 10 days or 
child's employment shall cease. No female under 21 years old may be 
employed about any place where alcoholic liquors are manufactured or 
dispensed. In any city of first or second class no person under 21 years 
old shall be employed to deliver messages or merchandise between 9 p. m. 
and 5 a. m. ; and no person under 21 shall be permitted or caused to visit 
a house of ill repute, saloon, gambling house, or other objectionable place 
not having approval of juvenile court. No boy under 14 or girl under 16 
shall be employed at any gainful occupation, other than domestic service, 
fruit or vegetable packing, or work on a farm, more than 54 hours in any 
one week. No boy under 12 or girl under 16 shall sell newspapers or 
merchandise in a public place; no child under 12 years old shall work as a 
bootblack; no male child imder 16 years old shall sell papers or merchan- 
dise without a permit issued by superintendent of schools or other person 
authorized by school board. Whoever employs a child or permits a child 
to work contrary to the provisions of this act may be fined $25 to $200 or 
be imprisoned 10 days to 30 days. 

Vermont: No child under 16 years old, who has not completed elementary 
school course, as prepared by superintendent of education, shall be employed 
in connection with railroading, mining, manufacturing, or quarrying, or be 
employed in a hotel or bowling alley, or in delivering messages, except dur- 
ing vacation and before and after school; no child shall be employed in any 
of aforesaid occupations without an employment certificate issued by the 
town or union superintendent; no child under 16 years old shall be em- 
ployed in any of said occupations for more than 9 hours each day, or more 
than 50 hours in any week, or between 8 p. m. and 7 a. m. The town or 
union superintendent may at any time inquire at any place of occupation as 
to employment of children; said superintendent shall make such inquiry at 
least three times each year. No child under 14 years old shall be employed 
in or in connection with any mill, factory, quarry, or workshop wherein are 
employed more than 10 persons. No child under 16 years old shall be em- 



H (g). CHILD LABOR. 583 

ployed in certain specified occupations, the same being in character more or 
less hazardous to life and limb. No female under 18 years old shall be em- 
ployed where work requires constant standing; suitable seats shall be pro- 
vided for such persons, to be used when standing is not necessary. Proper 
authorities may require employers and parents or guardians to furnish age 
certificates of children employed. No person having control of a child shall 
allow him to be employed contrary to provisions of this chapter. County and 
municipal courts and justices shall have concurrent jurisdiction of offenses 
under this chapter, and truant officers or like officers shall report violations. 

Virginia: No child under 14 years old shall be employed in any factory, work- 
shop, mine, mercantile establishment, laundry, bakery, brick or lumber yard, 
or during school hours or after 7 o'clock p. m. in the distribution, transporta- 
tion, or sale of merchandise. No child under 16 years old shall be employed 
in or about any establishment or occupation named above for more than 6 
days in any one week, more than 10 hours in any one day, nor between 9 
p. m. and 7 a. m. No child under 16 years old shall be employed in or about 
any establishment or occupation named above unless employer keeps on file 
and accessible to inspection an employment certificate for such child, and also 
keeps posted and on file lists of children under 16 years old who are em- 
ployed. Employment certificates shall be issued by a notary public in the 
city, town, or village where the child is to be employed on one of the fol- 
lowing evidences that child is over 14 years old: (1) Duly attested birth 
certificate, (2) passport or duly attested baptismal certificate, (3) other 
documentary and satisfactory evidence, (4) affidavit of parent, guardian, or 
custodian of child. In cities of 5,000 population or more no child under 14 
shall be employed as messenger for a telegraph, telephone, or messenger com- 
pany, or in the transmission or delivery of goods or messages, and no child 
under 18 shall be so employed between 10 p. m. and 5 a. m. ; in such a city 
no boy under 10 and no girl under 16 shall distribute or sell newspapers, 
magazines, or other periodicals in a public place. This act shall not apply 
to parent or guardian employing his own child, nor to factories engaged 
exclusively in packing fruits and vegetables between July 1 and November 1 
of each year. No male under 21 and no female shall be employed in any 
place, except in hotels, where intoxicating liquors are manufactured, bought, 
sold, packed, or shipped, except in mercantile establishments in the country. 
Every factory in which five or more persons are employed, and every factory, 
workshop, mercantile, or other establishment or office in which two or more 
children under 18 years old or women are employed shall be kept in a sani- 
tary condition. The commissioner of labor shall be " chief factory inspector " 
and shall have charge of enforcement of child-labor and factory-inspection 
laws. 

Washington: No person under 19 years old shall be employed as messenger in 
any city of the first class, nor shall any child under 14 years old be hired to 
work in any factory, mill, workshop, or store at any time, but any superior 
court judge may issue employment permit to any child between ages of 12 and 
14 years at any occupation not dangerous to health or morals of child, when 
labor of such child is necessary for support of any parent; juvenile court 
judge may issue permits to male children over 14 years old to act as mes- 
sengers under certain limitations and conditions. Any employer who violates 
any of provisions of this act shall be fined not less than $10 nor more than 
$500, or be imprisoned not to exceed six months, or both. 
See also H (f), Compulsory attendance. 



584 STATE LAWS RELATIKG TO PUBLIC EDUCATION. 

West Virginia: No cliild under 14 years old shall be employed, permitted, or 
suffered to work in or in connection with any factory, mill, workshop, or 
manufacturing establishment. No child under 14 years old shall be employed 
during hours school is in session in any business without written permis- 
sion of State commissioner of labor or county superintendent. No child 
under 16 years old shall be employed in any establishment hereinbefore 
named without an employment certificate; employment certificate shall be 
issued by superintendent of schools, or in absence of such sui^erintendent 
by person appointed by local school board ; upon termination of employment, 
employment certificate shall be returned to person issuing the same; no 
board member or person authorized to issue such certificate shall have any 
personal interest in the issuance of the same. To receive such certificate a 
child shall be at least 14 years old, able to read and write legibly simple 
sentences in English, and in sound health, and physically able to perform 
work required; said certificate shall show necessary facts relative to such 
child. Any employer or person in parental relation to such child who violates 
any provision of this act shall be guilty of a misdemeanor, punishable by 
fine of not less than $10 nor more than $50 for each offense. Prosecuting 
attorney shall enforce these provisions and truant officers and like officers 
shall report violations. 

Wisconsin: No child under 14 years old shall be employed, required, suffered, 
or permitted to work at any time in any factory, manufacturing establish- 
ment or workshop, store, hotel, restaurant or bakery, mercantile establish- 
ment, laundry, telegraph, telephone, or public messenger service, delivery 
of merchandise, or at any gainful occupation, except as herein provided; 
children between ages of 12 and 14 years may be employed in certain occu- 
pations during vacation in the town, district, or city where such children 
reside upon securing employment permits. No child between ages of 14 and 16 
years shall be employed in certain specified occupations without an employ- 
ment permit issued by the proper authority. No female or minor shall be em- 
ployed in any occupation prejudicial to the life, health, safety, or welfare of 
such female or minor, or to any other person. No child under 16 years old 
shall take part in any exhibition detrimental to its morals, health, safety, 
welfare, or opportunities for education. Every employment permit shall 
give name and age of child and also physical description. The commissioner 
of labor, factory inspector, any assistant factoiy inspector, truant officer, 
any police officer, or any private citizen may make complaint of the viola- 
tion of any provision of child-labor law. Employers shall keep employment 
permits on file and shall return same upon completion of term of employ- 
ment. Places where children under 18 years old are employed shall be open 
to inspection by the proper officer. No person shall employ a minor over 
14 years old in any city, village, or town in which an evening or continuation 
school is maintained unless such minor be granted an employment permit 
which shall certify that said minor is able to read and write simple sen- 
tences in English or that he attends such evening or continuation school; 
no parent, guardian, or custodian of any minor over 14 years old shall 
permit employment of such minor without said permit; such minor over 14 
years old shall file records of attendance at such evening or continuation 
school with employer. Any parent or guardian who permits or suffers a 
minor to be employed contrary to law shall be guilty of a misdemeanor, 
punishable by fine of not less than $5 nor more than $25. Employers shall 
keep registers of minors employed subject to inspection of the proper officer. 
No child under 16 years old shall be employed at any occupation other than 



S (h). SEPAilATiON OF THE EACES. 585 

domestic service or farm labor for more than 48 hours per week, more than 
8 hours in any one day, or between 6 p. m. and 7 a. m. Employers shall 
provide seats for female employees, to be used when standing is not neces- 
sary. No boy under 12 years and no girl under 18 years old shall, in any 
city of first class, distribute, sell, or expose or offer for sale, newspapers,, 
magazines, or periodicals in any street or public place. No boy under 14 
years old shall work as bootblack in any city of first class. No girl under 
18 years old shall, in any city of first class, work as bootblack or distribute 
circulars. No boy under 16 years old shall act as newsboy, bootblack, or 
distribute handbills in any city of first class w^ithout a permit and badge; 
badges must be worn conspicuously and are nontransferable; permits and 
badges may be revoked for good cause. 
See also H (f), Compulsory attendance. 
Wyoming: Unlawful co employ any male person under 14 years old or any 
female of any age in a mine, underground work, or other dangerous occu- 
pation. 

See also U (b). Wrongs to children; Appendix A: State constitutional 
provisions relating to education. 



H (h) . Separation of the Races. 

^abama: See G (d). Teachers institutes and summer schools; H (a). School 
population and attendance, general; T (b). Schools for the deaf; U (e) 
Schools for dependents and delinquents. 

Arizona: See A (d). District boards and ofiicers. 

Arkansas: See A (d), District boards and officers. 

California: See L (a), Course of study. 

Delaware: See A (cl), County boards; B (a). General State finance and 
support; D (a). Buildings and sites, general; M (b), Kindergartens; Q (b), 
Agricultural colleges. 

Florida: It shall be unlawful to conduct any public, private, or parochial 
schools wherein white persons and Aegroes are instructed or boarded in 
the same building or taught in the same class. It shall be unlawful for 
white teachers to teach negroes in negro schools or for negro teachers to 
teach in white schools. 

See also P (a), Higher institutions, general. 

Georgia: See A (cl). County boards; H (b), School census. 

Indiana: See L (a). Course of study. 

Kansas: See A (f), Administrative units — districts, etc. 

Kentucky: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; B (c). Permanent State school funds; G (b), State 
normal schools; T (b), Schools for the deaf; U (e), Schools for dependents 
and delinquents. 

Louisiana: See A (cl). County boards; Q (b). Agricultural colleges; U (e). 
Schools for dependents and delinquents. 

Maryland: Board of county school commissioners shall establish free public 
schools in each election district for colored youths of 6 to 20 years; they 
shall be kept open as long as the board shall determine, " provided the 
colored population of such district shall warrant." They shall be under a 
special board appointed by county board and subject to same laws as white- 
schools; comptroller shall not apportion any separate fund for colored 
schools, but they shall be supported out of general school fund; total taxes 



586 STATE LAWS EELATING TO PUBLIC EDUCATION. 

for schools paid by colored people and any donations shall be devoted to 
colored schools. 

See also G (b), State normal schools; H (b), School census; O (a), In- 
dustrial education, general. 

Massachusetts: See H (f), Compulsory attendance. 

Michigan: See A (d), District boards and officers. 

Minnesota: See A (d), District boards and officers. 

Mississippi: See A (cl), County boards; A (f), Administrative unit&— dis- 
tricts, etc.; F (b), Teachers' salaries; N (a). High schools. 

Missouri: See A (d), District boards and officers; Q (b), Agricultural colleges. 

New Jersey: See H (a), School population and attendance, general; O (a), 
Industrial education, general. 

New Mexico: See H (c), School year, month, day, etc.; H (f), Compulsory 
attendance. 

New York: Commissioner of education shall establish and maintain schools for 
Indian children; expenses of said schools to be paid out of funds set apart 
for Indian education; said commissioner shall seek the cooperation of 
Indians in the education of their race. Indian children are not entitled to 
free tuition in public schools outside the reservation, but may be received 
on approval of trustees and commissioner of education. Every Indian child 
between 6 and 16 years old, of sound mind and body, shall attend school, 
or receive suitable instruction elsewhere, in common-school branches taught 
in English language; every such child between 14 and 16 years old not 
engaged in useful employment or service, and every such child between 
6 and 14 years old, shall attend school during entire session; persons in 
parental relation to such children shall cause them to attend school as 
required; any violation of these provisions shall constitute a misdemeanor. 
No person shall employ any Indian child between ages of 6 and 14 years; 
and no person shall employ such child between ages of 14 and 16 years 
without written consent of principal teacher. Teachers of Indian schools 
shall keep careful record of attendance of pupils. The principal teacher 
of the Indian schools on each reservation shall appoint, with approval of 
commissioner of education, attendance officers; such officers may arrest any 
Indian child without warrant, when found away from his home, and return 
said child to school or to the person in parental relation. Commissioner 
of education may contract with truant schools for care of truant Indian 
children. Said commissioner shall cause annual enumeration of entire 
Indian population to be taken. 

The Thomas Indian School shall be under control of board of 10 members, 
three of which members shall be Seneca Indians; said members shall be 
appointed by governor, with advice and consent of the senate, to serve six 
years. Board shall do all things necessary for welfare of said school ; shall 
make annual report to legislature; shall appoint, prescribe duties of, and 
fix compensation of superintendent, matron, physician, and other employees. 
Inmates may be transferred to other suitable institutions. 

No person shall be refused admission into or be excluded from any public 
school on account of race or color. The trustees of any union school district, 
or of any district organized under a special act may, when the inhabitants 
of district shall determine, establish separate schools for colored children, 
but facilities for such children shall be equal to those for white children. 

North Carolina: See G (b), State normal schools; L (a), Course of study; 
Q (b), Agricultural colleges; T (a), Education of special classes, general. 



I (a). DISCIPLINE, GENERAL. 587 

Oklahoma: Public schools shall be organized and maintained upon complete 
plan of separation between white and colored races, with impartial facilities 
for both races. The terms " colored " and " white " are defined. The sepa- 
rate school in each district is the one of the race having the fewest number 
of children; county superintendent may designate the separate school and 
determine which race shall attend such school; members of district school 
board shall be of same race as children who attend tlje school of the district 
which is not the separate school. Any teacher who shall willfully or know- 
ingly allow a child of either race to attend the school for the other race, 
shall be guilty of a misdemeanor, and be barred from teaching for one year. 
No educational institution of the State shall receive both white and colored 
students for instruction; any instructor who violates this provision, shall 
be guilty of a misdemeanor. Any person of either race who attends an 
educational institution for the other race, shall be guilty of a misdemeanor. 
Any private school, college, or institution of learning may maintain separate 
or distinct branches for the two races. No separate public school shall be 
maintained for either race in a district having fewer than 10 children of such 
race; in such cases, children of such race shall be transferred to the proper 
school of an adjoining district. County superintendent shall report to 
county commissioners facts concerning separate schools; county commis- 
sioners may erect buildings for separate schools when needed, and pay for 
them out of the " separate-school fund " of such county. County superin- 
tendent shall contract with and employ all teachers for the separate schools 
of the county, except for independent districts. 

See also G (d), Teachers' institutes and summer schools. 

Pennsylvania: See H (f). Compulsory attendance; O (a), Industrial educa- 
tion, general. 

Rhode Island: See A (d). District boards and officers. 

South Carolina: It shall be unlawful for persons of one race to attend school 
provided for another race. 

Tennessee: See A (f). Administrative units — districts, etc.; L (a), Course 
of study; N (a). High schools; Q (b), Agricultural colleges; U (e). Schools 
for dependents and delinquents. 

Texas: See A (f). Administrative units — districts, etc.; G (b), State normal 
schools. 

Virginia: See A (f), Administrative units — districts, etc.; H (a). School 
population and attendance, general. 

West Virginia: See A (d), Administrative units — districts, etc.; O (a), In- 
dustrial education, general; Q (b). Agricultural colleges; U (e). Schools for 
dependents and delinquents. 

Wyoming: When there are 15 or more colored children in a district school, 
board may, with approval of county superintendent, provide a separate school 
for such children. 



L SCHOOL DISCIPLINE. 



(a) General. 

Alabama: Misdemeanor (fine $10 to $100) to deface a public building; fine of 
$5 to $50 to disturb a school or other lawful public assemblage; using school 
moneys for other than school purposes is embezzlement; shooting or throw- 



588 STATE LAWS EELATING TO PUBLIC EDUCATION. 

ing missiles into a schoolhouse is a misdemeanor ; misdemeanor for a teacher 
to use other textbooks than those adopted ; misdemeanor for any agent to sell 
textbooks at a higher than the contract price. 

California: Misdemeanor for a parent, guardian, or other person to Insult a 
public-school teacher in the presence of a pupil of such public school. 

Pupils shall be admitted in the order in which they apply to be registered ; 
they must submit to regulations and pursue required course of study ; willful 
disobedience is cause for expulsion ; profanity and vulgarity is cause for sus- 
pension; pupils may be suspended or expelled for defacing school property 
and parents are liable for damages; where two or more teachers are em- 
ployed, beginners shall be taught by experienced teachers, and in cities such 
teachers shall rank in salary with the highest grammar-grade teachers. 

Misdemeanor to Insult or abuse teacher in presence of school ; misdemeanor 
to disturb a school or school meeting; any school officer or board who shall 
issue a certificate or diploma except as provided by law shall be guilty of a 
misdemeanor; no school officer or teacher shall act as agent for books, 
apparatus, etc. Every school officer may administer oaths regarding school 
matters. No member of a school board may be interested in a contract made 
by the board of which he is a member, but in districts entitled to not more 
than two teachers member may be paid for repairing schoolhouses, etc. 
School year, July 1 to June 30. Misdemeanor to offer to bribe a member of 
school board. 

See also P (c), State universities and colleges. 

Florida: See D (a). Buildings and sites, general; F (a), Teachers' contracts, 
duties, etc. 

Kansas: See U (b), Wrongs to children. 

Kentucky: See E (b). Teachers' certificates, general. 

Massachusetts: Whoever willfully disturbs a school or other assembly of 
people met for a lawful purpose shall be punished by imprisonment for not 
more than 30 days, or by a fine of not more than $50. 

Missouri: It is a misdemeanor willfully to disturb a religious assembly or a 
school. 

Nevada: See D (a), Buildings and sites, general; V (b). Wrongs to children. 

New Hampshire: See A (f), Administrative units — districts, etc. 

Oregon: See F (a), Teachers' contracts, duties, etc. 

Rhode Island: See D (a), Buildings and sites, general; P (a), Higher insti- 
tutions, general. 

Tennessee: See R (b), Corporations of educational character. 

Virginia: It is a misdemeanor to willfully disturb any school or literary 
society. 

West Virginia: The teacher shall stand "in loco parentis"; may exclude 
from school any child having a contagious or infectious disease; may sus- 
pend any pupil for good cause, subject to review by trustees. Trustees may 
expel any pupil from school for good cause. No teacher shall be required to 
serve on the jury or work on the roads while school is in session. Every 
teacher shall keep a register and shall make monthly reports to secretary of 
board of education; shall receive pay monthly upon submission of report; 
shall return term report to secretary of board before receiving balance of 
salary. 



I (C). SUSPENSION AND EXPULSION. 589 

Wyoming: Misdemeanor to use abusive or insulating language to teacher in 
or about public sclioolbouse or to disturb a school or a district meeting; mis- 
demeanor to deface a schoolhouse ; misdemeanor for school officer or teacher 
to be agent for books or supplies. 



I (b). Corporal Punishment. 

Arizona: Violence to a person shall not constitute assault and battery in the 
exercise of moderate restraint or correction given by law to parent over child, 
guardian over ward, or teacher over pupil. 

Kentucky: See T (c), Schools for the blind. 

Minnesota: See B (e), State aid for elementary education. 

Montana: See F (a), Teachers' contracts, duties, etc. 

New Jersey: See F (a), Teachers' contracts, duties, etc. 



I (c). Suspension and Expulsion. 

See also A (d), District boards and officers; F (a). Teachers' contracts, du- 
ties, etc. 

Alabama: See A (f), Administrative units — districts, etc. 
Arizona: All persons between 6 and 21 years old shall be admitted to the 

public schools ; open defiance of authority or habitual profanity and vulgarity 

shall constitute cause for expulsion from school. 

See also A (d), District boards and officers; F (a), Teachers' contracts, 

duties, etc. 
Arkansas: See A (d), District boards and officers. 
California: See F (a), Teachers' contracts, duties, etc.; I (a). Discipline, 

general. 
Colorado: See A (d), District boards and officers. 
Connecticut: See A (d), District boards and officers. 

Idaho: See A (d). District boards and officers; A (f), Administrative units- 
districts, etc.; F (a), Teachers' contracts, duties, etc. 
Illinois: See A (d), District boards and officers. 
Indiana: See A (e). School meetings, elections. 

Iowa: See A (d), District boards and officers; I (e), School fraternities. 
Kansas: See A (d). District boards and officers. 
Kentucky: See H (c), School year, month, day, etc. 
Maine: See A (d). District boards and officers. 
Maryland: See H (b), School census. 
Massachusetts: See H (f). Compulsory attendance. 
Michigan: See A (d). District boards and officers. 
Mississippi: See A (d), District boards and officers; D (a). Buildings and 

sites, general. 
Missouri: See A (d). District boards and officers. 
Montana: See A (d), District boards and officers. 
Nebraska: See A (d), District boards and officers. 



590 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Nevada: See A (d), District boards and officers; F (a), Teachers' contracts, 

duties, etc. 
New Hampshire: See H (f), Compulsoi*y attendance. 
New Jersey: See A (f), Administrative units — districts, etc.; F (a), Teachers' 

contracts, duties, etc.; H (a), School population and attendance, general. 
New York: See H (f), Compulsory attendance. 
North Carolina: Persistent violators of rules and pupils of immoral character 

shall be dismissed by teacher. 
North Dakota: See A (d), District boards and officers. 
Ohio: See A (f), Administrative units — districts, etc. 

Oklahoma: See A (d). District boards and officers; I (e), School fraternities. 
Oregon: See A (d), District boards and officers. 
Pennsylvania: See H (f), Compulsory attendance. 
Rhode Island: See A (d), District boards and officers. 
South Carolina: See A (d). District boards and officers. 
South Dakota: See A (d), District boards and officers; N (a), High schools. 
Tennessee: See A (cl), County boards; A (d), District boards and officers; 

E (b), Teachers' certificates, general; F (a), Teachers' contracts, duties, etc. 
Vermont: See J (b). Medical inspection. 
Virginia: See A (d), District boards and officers; A (f), Administrative 

units — districts, etc. 
AVashington: See A (d), District boards and officers; B (a). General State 

finance and support; L (a), Course of study. 
West Virginia: See I (a), Discipline, general. 
Wisconsin: Any person who shall willfully, maliciously, or wantonly interrupt 

or in any way molest or disturb any private or public school while in session 

shall be punished by imprisonment for not more than 30 days or by fine not 

exceeding $50. 

See also A (d). District boards and officers, 
Wyoming: See A (f), Administrative units — districts, etc. 



I (d). Fire Drills. 

Florida: See D (c), Care, sanitation, etc., of schoolhouses. 

Indiana: It shall be the duty of the State fire marshall to require teachers 
of public and private schools to have one fire drill each month. 

Iowa: The State fire marshal and his deputies shall require teachers in all 
public and private schools in buildings having more than one story to have 
at least one fire drill each month ; State fire marshal shall prepare a bulletin 
on the causes and dangers of fires and each public-school teacher shall in at 
least one lesson each quarter give instruction in such causes and dangers. 

Kansas: See D (c), Care, sanitation, etc., of schoolhouses. 

Michigan: The State fire marshal and deputy and assistants shall require 
teachers of public and private schools and educational institutions to have 
one fire drill each month. 

Montana: See H (c), School year, month, day, etc. 

Nebraska: See L (k). Days of special observance. 



I (e). SCHOOL FRATERNITIES. 591 

New York: The person in charge of every public or private school or edu- 
cational institution having over 100 pupils or maintained in a building two or 
more stories high, shall at least once each month instruct pupils in fire drills ; 
neglect to comply with this provision shall constitute a misdemeanor. This 
provision shall be printed in the teachers' manual. Provisions of this article 
shall not apply to colleges and universities. 

Ohio: Misdemeanor for person in charge of a public or private school or 
educational institution having 50 pupils or more in average attendance to 
neglect to train pupils by means of fire drills or to keep doors unlocked. 

Oregon: See F (a), Teachers' contracts, duties, etc. 

Pennsylvania: Fire drills are required in all public schools where fire escapes, 
appliances for fire extinguishment, or proper exits in case of fire are required ; 
use shall be made of such fire escapes, appliances, or exits in said drills. 

Rhode Island: See E (b), Teachers' certificates, general. 

Vermont: The person in charge of a public or private school or educational 
institution, other than a university or college, having more than 50 pupils, 
shall give fire drills once each month; violation punishable by fine of not 
less than $5 nor more than $25; this chapter shall be printed in teachers' 
manual. 

Washington: Fire drills shall be given by the principal or other person in 
charge of every public or private school or educational institution at least 
twice each month; violation of such provision shall be deemed a misde- 
meanor, punishable by fine not exceeding $50, to be paid into district fund. 
This provision shall be published in teachers' manuals and Washington State 
manual. Provisions of this act shall not apply to colleges or universities. 
Doors of public buildings shall swing outward. 



I (e). School Fraternities. 

California: See A (d), District boards and officers. 

Colorado : It shall be unlawful for any pupil of a public school to be a member 
of any secret society formed wholly or in part of pupils of public schools; 
school boards shall enforce the provisions of this act ; it shall be unlawful for 
any person to solicit a pupil of a public school to become a member of any 
fraternity, sorority, society, or organization organized outside of such school. 

Indiana: It shall be unlawful for the pupils of any of the elementary or high 
schools of the State to form secret societies, fraternities, or similar organiza- 
tions in such schools. 

Iowa: It shall be unlawful for any pupil of a public high school or any other 
public school to join or solicit any other pupil to join any secret fraternity 
or society composed wholly or in part of public-school pupils or to take part 
in the organization of such society, except such as are sanctioned by the 
school directors; board of directors shall enforce the provisions of this act 
and may dismiss or debar from graduation or other school honors any pupil 
violating the same; misdemeanor for any person not a member of public 
school to go on school grounds or enter school building to solicit pupils to 
join a secret society. 

Kansas: See N (a), High schools. 



592 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Maine: It shall be unlawful for any pupil of a public school to participate in 
or be member of a secret society which is in any degree a school organiza- 
tion; school committees are authorized to enforce the provisions of this act. 

Michigan: It shall be unlawful for any pupil of the public schools in any 
manner to organize, join, or belong to a fraternity, sorority, or other secret 
society composed of pupils of the public schools; board of education shall 
enforce this act. 

Minnesota: See B (e), State aid for elementary education. 

Mississippi: See P (c), State universities and colleges. 

Montana: It is unlawful for any pupil in a public school to join or solicit 
other pupil to join any secret society wholly or partly formed from the mem- 
bership of pupils ; trustees shall make rules for enforcement of this act ; they 
may suspend or dismiss any violator or prevent such pupil from graduation 
or participation in school honors; it is a misdemeanor for any person not a 
pupil of school to enter school premises to solicit pupils to join any society 
organized outside of school. 

Nebraska: It is unlawful for pupils of public schools to participate in or be 
members of any secret society that is in any degree a school organization; 
school boards are authorized to deny privileges of school to idolaters; mis- 
demeanor for any person to enter school premises and solicit a pupil to join 
any society organized outside of school. 

Ohio: It is unlawful for any pupil of the public schools to organize or join a 
secret society made up of pupils of the public schools ; every teacher, princi- 
pal, or superintendent having knowledge of such organization shall notify 
president or secretary of board of education ; board shall investigate charges 
and on finding them true shall give notice to offending pupils to disband and 
withdraw from membership within five days; penalty for failure to obey 
such notice, suspension until obedience is given; misdemeanor for school 
officer to fail or refuse to perform duties imposed. 

Oklahoma: No pupil of any public elementary or high school shall become a 
member of or solicit any other i>erson to become a member of any fraternity, 
sorority, or secret society formed wholly or in part from membership of 
pupils. Any school board member who shall fail to take steps to prevent the 
formation of aforesaid organizations shall be fined not less than $25 nor 
more than $100. School boards may suspend or expel any pupils who -violate 
provisions of this act. Any person who solicits or in any way induces any 
pupil of public schools to join any of aforesaid organizations shall be fined 
not less than $25 nor more than $100 for each offense. 

Oregon: See A (d), District boards and officers. 

Pennsylvania: See A (d), District boards and officers. 

South Carolina: Secret Greek-letter fraternities are forbidden in any institu- 
tion of higher learning supported in whole or in part by the State. 

Vermont: No pupil in any public school supported in whole or in part by 
public funds shall join, or solicit any pupil to join, any secret society wholly 
or partly formed from membership of pupils, except such societies or associa- 
tions as are sanctioned by school authorities; school authorities shall enforce 
these provisions. School authorities may suspend or dismiss any pupil from 
school or prevent such pupil from graduation or from receiving school honors 
if such pupil is guilty of violating any of provisions herein made. These 
provisions shall not apply to membership in temperance or religious societies 
or associations of any kind or to societies or associations established for 
moral advancement of youth. 

Washingtoii; See A (bl), State boards; A (d), District boards and officers^ 



J (a). HEALTH^ GENERAL. 693 

J. HEALTH REGULATIONS. 



(a) GeneraL 

Colorado: No person or board having charge of a public place shall permit 
the use of a common drinking cup. 

Connecticut: Any school board may require every child to be vaccinated 
before entering the public schools. Any school board may appoint one or 
more school physicians and assign one to any school in the town or district, 
and such physician shall examine all pupils referred to him, and shall make 
such examination of teachers, janitors, and schoolhouses as the protection of 
pupils' health may require. The superintendent, principal, or teacher shall 
refer to such physician every pupil returning to school without a permit 
from illness or from an unknown cause and every child in school who ap- 
pears to be in ill health unless such child be excluded from school. School 
authorities employing a physician shall annually cause the sight and hearing 
of every public-school pupil to be tested, and examination shall be made of 
other defects which may tend to affect progress in school. Notice of disease 
or defects shall be given to parent or guardian, who shall cause such child 
to be treated. Where pupil shows symptoms of a contagious disease health 
officer shall also be notified, and pupil shall be excluded from school until a 
permit is secured from such officer. Wherever school authorities shall ap- 
point a school physician they may also appoint a matron or nurse to work 
under direction of physician. Expenses incurred under this act shall be 
paid as other school expenses. The county health officer shall cause the exe- 
cution of the laws relating to public health ; the prevention and abatement of 
nuisances, and the registration of vital statistics, and shall cooperate with 
town, city, and borough health officers in the county. The State board of 
health, to prevent the spread of communicable diseases, may make rules 
regulating or prohibiting the use of the common drinking cup in public 
places. County health officer shall appoint a town health officer for each 
town except such as contain a city or borough coterminous with the limits 
of said city or borough; in a town containing a city or borough not coter- 
minous therewith such town health officer shall exercise his powers and 
duties only in that part not included in such city or borough. 

Every schoolhouse shall be kept in a cleanly state, free from any nuisance, 
and shall be provided with a sufficient number of water-closets or privies. 
State board of education, school visitors, or any member of the town school 
committee may recommend to authority in charge of any schoolhouse 
changes in the ventilation, lighting, or sanitary arrangement of such school- 
house when the same can be made without unreasonable expense ; and in case 
such changes are not made within two weeks said board or member of com- 
mittee may make complaint to the proper health authority, who may order 
changes made. The word " schoolhouse " shall include all buildings and 
premises in which 10 or more pupils are instructed. No schoolhouse for 
grammar grades or lower shall be constructed so as to contain more than two 
stories above the basement; no schoolhouse for grades above the grammar 
grades shall be constructed so as to contain more than two stories above the 
basement unless such house shall be fireproof throughout, and in that event 
shall not exceed three stories. All schoolhouses of eight classrooms or more 
and not of fireproof construction shall be constructed as specified in this act. 
No door leading from a schoolroom into a hall or from a hall out of the 
building shall be locked during school hours except by a spring readily yield- 
3966°— 15 38 



594 STATE LAWS EELATING TO PUBLIC EDUCATION. 

ing to pressure from the inside. Fire-alarm gongs or bells shall be placed 
in each hall or classroom. No liquor license shall be granted in any city to 
a place within 200 feet on a direct line of a church edifice or public or 
parochial schoolhouse except to a hotel of good reputation. Proper city, 
town, or borough authorities may require that all churches, scholhouses, and 
other buildings for public gatherings be provided with facilities for safe and 
speedy entrance and exit. Every story above the first floor of a schoolhouse 
shall be provided with more than one way of egress on the inside or with 
fire escapes on the outside. Every theater, nickelette, schoolhouse, or hall, 
except town halls, in which people commonly assemble in number larger than 
100, shall be provided with one or more exits with door opening outward. 
No barbed wire shall be used in the construction of a fence about any school- 
house or public building. No person shall spit upon the paved walk or any 
street, park, or square or ujDon the wall or floor of any public building. 

Delaware: See A (cl), County boards. 

Idaho: Owner of a house where a person resides having a contagious or 
infectious disease and attending physician shall, within 24 hours after know- 
ing of the case, give notice to clerk of school board ; school board shall not 
allow any member of family where contagious disease exists to attend school ; 
textbooks from infected residences, shall be disinfected. 

Illinois : It is unlawful to permit the use of any common drinking cup or other 
utensil for drinking purposes in any public place. 

Indiana: When the temperature of 70° can not be maintained, the teacher 
shall dismiss the school until the fault i s corrected ; pupil who is ill or unclean 
or is infested with vermin shall be sent home ; refusal of parent or guardians 
to rid their children of vermin or to cleanse them shall be punished by a fine. 
When a contagious or infectious disease breaks out the school authorities 
shall have pupils inspected by a physician. School authorities shall employ 
only able-bodied and temperate teachers and janitors. All schoolhouses shall 
be cleaned and disinfected at least once a year. There shall be taught in the 
fifth grade each year the primary principles of hygiene and sanitation ; State 
health commissioner and State superintendent shall prepare and furnish 
pamphlets of principles. 

Kansas: See A (f), Administrative units — districts, etc. 

Louisiana: No person shall spit upon the floor or walls of any schoolhouse 
or other public building; violation of this provision is punishable by fine of 
not less than $5 nor more than $25. 

Maine: Superintendent may exclude from school any pupil wHo from disease, 
vermin, etc., is offensive or dangerous to other pupils; parents shall be notified 
and may be fined for refusal or neglect to take steps to fit such pupil for 
return to school. 

Massachusetts: Any city or town may maintain one or more dental dis- 
pensaries for children of school age, the funds appropriated therefor to be 
expended under such regulations as the city or town board of health may 
prescribe. 

The city council of a city and the selectmen of a town may provide meals 
or lunches free or at no more than cost price to children attending public 
schools, and cities and towns may appropriate money for this purpose. This 
act shall be submitted to the voters of any city or town at a municipal elec- 
tion in any year if a petition to that effect, signed by not less than 5 per cent 
of voters, is filed with city or town clerk. 

See also J (b), Medical inspection; J (c), Vaccination; L (a). Course of 
study. 



d (a). HEALTH^ GENEEAL. 595 

Mississippi: See A (d), District boards and officers. 

Missouri: See A (d), District boards and officers, 

Montana: See H (c), School year, montli, day, etc. 

New Hampshire: See H (f). Compulsory attendance. 

New Jersey: The use of the common drinking cup shall be prohibited in all 
public places; violation of this provision shall be deemed a misdemeanor, pun- 
ishable by fine of not exceeding $25 for each offense. 

See also H (a), School population and attendance, general. 

New Mexico: See E (b). Teachers' certificates, general. 

New York: See J (b), Medical inspection. 

North Carolina: Chairman of county commissioners, mayor of county town, 
or, if there be no such mayor, clerk of superior court, and the county superin- 
tendent of schools shall elect two registered physicians who, with themselves, 
shall constitute county board of health; such board shall biennially elect a 
county physician. If county physician is elected for his entire time he shall 
inspect sanitary conditions of every schoolhouse in the county and shall exam- 
ine every child reported by teacher as probably defective in conditions of its 
eyes, ears, nose, or throat. He shall also endeavor to have examined the feces 
of every child suspected of having hookworm disease, and shall suggest to 
parent or guardian treatment of such defect or disease. 

Oregon: See A (d), District boards and officers. 

Pennsylvania: No child or other person suffering from any contagious 
disease whatsoever shall attend any school of any kind; and no child or other 
person after being exposed to any contagious disease shall attend any school 
until such time as danger of contagion shall have passed; no person suffering 
from any contagious disease shall willfully expose himself in any public 
place, nor shall any person in charge of any person so suffering thus expose 
such sufferer. 

There shall be created a bureau of professional education as a subdepart- 
ment of the department of public instruction; the same shall be under the 
immediate control of the State superintendent, who shall receive as compen- 
sation for such extra duties a sum not to exceed $500 annually. Duties of 
said 'bureau: To determine, evaluate, standardize, and regulate preliminary 
education, both secondary and collegiate, of those persons to be admitted to 
the practice of medicine, dentistry, and pharmacy; prepare and distribute 
circulars of information; prepare uniform blank forms; hold examinations 
for those unable to present satisfactory certificates; issue certificates of 
proficiency; establish reciprocity with other States as regards preliminary 
education and professional licenses; determine and publish standard high- 
school course and classify high schools. The sum of $15,000 shall be appro- 
priated to defray expenses of the bureau of professional education. 

No person shall practice medicine and surgery without a certificate of 
licensure from the bureau of medical education and licensure ; said bureau 
shall be connected with department of public instruction; said bureau shall 
consist of seven members, the State superintendent and State commissioner 
of health being ex officio ; remaining five members shall be appointed by the 
governor. The State superintendent shall receive $500 salary per year as 
member of bureau of medical inspection. 

South Carolina: The board of health of an incorporated city, town, or village 
shall in a body or by committee, with the health officer, make quarterly visits 
to all schools, seminaries, or colleges which are supported in whole or in part 
by public taxation for the purpose of ascertaining the sanitary condition 



596 STATE LAWS RELATING TO PUBLIC EDUCATION. 

thereof; said board may order schools, public or private, closed in case of 
epidemic of contagious or infectious disease. School authorities may exclude 
any teacher or pupil to prevent the spread of any disease; said authorities 
may prohibit the attendance at school of any unvaccinated person. 

Tennessee: See E (b), Teachers' certificates, general. 

Texas: Persons suffering from communicable diseases shall be excluded from 
school at the discretion of the local health authority; schoolhouse in which 
a person suffering from smallpox, scarlet fever, or diphtheria has been pres- 
ent shall be disinfected ; after disinfection and, in the case of smallpox, after 
vaccination of teachers and pupils, if required by trustees, school may be re- 
opened, otherwise such school shall be closed 18 days. Local health authority 
shall notify superintendent of locations of contagion. 

Utah: See F (a), Teachers' contracts, duties, etc. 

Virginia: Teachers shall require of pupils cleanliness of person. Persons 
suffering from contagious disease shall be excluded. At opening of school 
each year every teacher and pupil must present a certificate of proper vac- 
cination or that teacher or pupil should be exempted by reason of physical 
condition, but school board may suspend the operation of this section. The 
State superintendent of public instruction shall, with the aid of the State 
board of health, prepare test cards, etc., for testing the eyesight of pupils 
and shall furnish the same to school boards on application ; when cards, etc., 
are so furnished teacher shall test the eyesight of each pupil and shall 
notify parent or guardian of any defect found, 

Washington: See L (a), Course of study. 

West Virginia: The use of the common drinking cup is hereby prohibited in 
all public buildings of every description, violation of this provision shall con- 
stitute a misdemeanor, punishable by fine of not less than $10 nor more 
than $50. 

See also I (a), Discipline, general. 

Wisconsin: Health authorities shall notify school authorities of presence of 
contagious diseases ; teachers shall notify health authorities of any such dis- 
ease coming under their observation. Schoolhouses shall be properly cleaned 
and fumigated. Teachers and pupils shall not attend school during an epi- 
demic of smallpox unless they have been successfully vaccinated. Local board 
may provide for free vaccination. 



J (b) . Physical Examination and Medical Inspection. 

See also D (c), Care, sanitation, etc., of schoolhouses. 

California: See A (d). District boards and officers. 

Colorado: The State superintendent shall prepare and furnish test cards, etc., 
to be used in testing the sight, hearing, and breathing of pupils in the public 
schools; teacher or principal, or county superintendent where there is no 
principal, shall within first month of school year make such tests and report 
to State superintendent. Teacher shall report any defectiveness to principal, 
or, if there be no principal, to county superintendent, who shall notify parent 
or guardian and recommend medical treatment; if parent or guardian is 
unable to have child treated, county physician shall make examination and 
provide treatment. State auditor shall draw his warrant to carry out pro- 
visions of this act. 



J (b). MEDICAL INSPECTION. 597 

Connecticut: See A (bl), State boards; J (a), Health, general. 

Delaware: See A (cl), County boards. 

Idaho: See A (bl), State boards. 

Indiana: School trustees and township trustees may Institute medical inspec- 
tion of school children; they may require teachers to test children's sight 
and hearing. Medical inspection is defined to mean testing sight and hear- 
ing and the examination of pupils by school physicians for discovery of illness 
or i)hysical defects. School trustees and township trustees may appoint at 
least one school physician, or two or more school corporations may unite to 
employ such physician, but he shall not have more than 2,000 children under 
his care. School physicians shall promptly examine all children referred to 
them, and may examine teachers, janitors, and schoolhouses ; they shall send 
home any child found ill or suffering from any physical defect and shall 
notify parents or guardian ; trustee or trustees shall give relief when parent 
or guardian is too poor to afford the same. State board of education and State 
board of health shall prepare rules for enforcing this act. 

See also A (f). Administrative units — districts, etc.; J (a). Health, general. 

Louisiana: State board of health and State superintendent shall prepare test 
cards, blanks, and record books, appliances, and instructions for testing sight 
and hearing of pupils in public schools, and supply same to said schools. 
The superintendent, principal, or teacher in every school shall, within first 
month of school, test sight and hearing of pupils, and report defects to par- 
ents, guardians, or custodians; shall make report of such examinations to 
State superintendent. 

Maine: School committee of every city and town shall appoint one or more 
school physicians, but committee must have been authorized by vote of the 
town; one shall be assigned to medical inspection of not over 1,000 pupils; 
such physician shall promptly examine every child referred to him; needed 
treatment shall be referred to family physician ; school committee shall cause 
to be examined all children returning from illness without physician's cer- 
tificate and all who show signs of ill health ; committee shall cause notice of 
disease or defects to be sent home to parents; child showing symptoms of 
contagions or infectious disease shall be sent home; committee shall cause 
every pupil to be examined at least once a year ; State superintendent after 
consulting board of health shall prescribe rules for testing sight and hearing 
and shall furnish rules, blanks, etc., for carrying out this act. Provisions of 
this act shall apply only to cities and towns of less than 40,000 inhabitants. 

Maryland: County school board may appoint ofte or more school physicians, 
legally qualified, with at leat two years' experience, who shall make examina- 
tion of all children referred to him, " and such further examination of teach- 
ers, janitors, and school buildings, as in his opinion the protection of the health 
of the pupils may require " ; superintendent shall refer to physician any child 
returning to school without a permit from health ofllcer after absence on 
account of sickness or other unknown cause, or in ill health or suspected of 
being sick with any contagious or infectious disease. County school board 
shall cause any child attending public schools to be " separately and carefully 
tested and examined at least once every two years" for defective sight or 
hearing or any other physical disability ; school authorities may establish 
special classes for these defectives and employ additional teachers. Notice 
of disease and defects shall be given to parents, and any child showing 
symptoms of any contagious or infectious disease may be excluded from 
school ; nurses may be employed to visit parents and secure the medical at- 



598 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tention required. State superintendent after consultation with State board 
of health shall prescribe tests for sight and hearing, " No person suffering 
from any communicable disease shall be emploj^ed as teacher or janitor in 
any public school " ; teachers must furnish health certificates " that they are 
not suffering from tuberculosis or other communicable disease." State board 
shall provide for pupils in normal schools " suitable instruction and practice 
for testing sight and hearing of school children. 

Massachusetts: The school committee of every city and town shall appoint 
one or more school physicians, shall assign one to each public school, and 
provide said physicians with proper facilities; shall assign one or more to 
examine children who apply for health certificates ; in cities where the board 
of health is maintaining medical inspection, such board shall appoint and 
assign the school physician. Every school physician shall make a prompt 
examination and diagnosis of all children referred to him, and such fur- 
ther examination of teachers, janitors, and buildings as the protection of the 
health of the pupils may require. The school committee shall cause notice 
of disease or defects of any child to be sent to his parents or guardian. When- 
ever any child shows symptoms of any contagious disease, he shall be sent 
home immediately. The school committee of every city and town shall have 
every child separately and carefully tested and examined at least once a 
year ; tests of sight and hearing shall be made by teachers ; a physical record 
of each child shall be kept as the State board shall require ; the State board 
of health shall prescribe directions for tests of sight and hearing, and the 
State board of education shall furnish supplies, not to exceed cost of $800 
annually, for such tests; State board of education shall provide instruction 
in normal schools in testing sight and hearing. Towns may appropriate a 
sum not exceeding $2,000 per year for employment of district or other nurses ; 
said sums may be expended through the selectmen, or under direction of 
board of health when authorized so to do by the selectmen. The State board 
of health is authorized to prohibit the use of a common towel in public places. 
See also J (a), Health, general. 

Missouri: See A (d), District boards and officers. 

New Hampshire: Whenever any city, union, special, or town school district 
shall adopt the provisions of this act the same shall be in force therein; 
school board shall appoint one or more school physicians of not less than 
five years' experience ; every school physician shall, in the presence of the 
teacher, at least once a year, previous notice having been given, make neces- 
sary examination of pupils, teachers, janitors, and other employees, and of 
the school plant, and report same to board. Every child who shows signs 
of ill health shall be referred by the teacher to parents or guardian of such 
child for examination by a reputable physician; if parents or guardian fail 
to have such examination made, then such child shall be examined by school 
physician. School physician shall report disease or defects of children to 
parents or guardians. Any child showing symptoms of a commimicable disease 
shall be sent home immediately. At least once a year tests of sight and 
hearing of children shall be made by teachers, under direction of school phy- 
sician; physical records of children, according to form prescribed by State 
superintendent, shall be kept. State board of health and State superintendent 
shall provide for students in normal schools Instruction and practice in test- 
ing the sight and hearing of children. Any parent or guardian may protest 
in writing to the teacher against the examination of child or ward for 
any noncommunicable disease or defect. The district may raise money for 
health inspection of schools. State board of health shall prepare bulletins 
on the cause, restriction, and prevention of tuberculosis; said bulletins shall 



J (b). MEDICAL INSPECTION. 599 

be distributed by scbool boards to the families of the district. No person 
having tbe custody of a child shall allow such child, if infected with any 
communicable disease, to attend any public or private school. 
See also H (f), Compulsory attendance. 

New Jersey: Every board of education shall employ one or more physicians 
as medical inspectors and fix their salaries and terms of office; shall pre- 
scribe duties of said inspector, to be approved by State board of education. 
Duties of said inspector: To examine every pupil and keep record of growth 
and development of such pupil : lecture before teachers on measures for pro- 
motion of health and prevention of disease. Said board may exclude from 
school any child whose presence shall be certified by medical inspector as 
detrimentiil to health or cleanliness of other pupils. 

See also H (a), School population and attendance, general. 

New York: Medical inspection shall be provided for all pupils attending public 
schools, except in cities of the first class; registered trained nurses may 
be employed for public schools ; for purposes of inspection, school authorities 
shall appoint and fix salaries of school physicians. School authorities in 
districts coterminous with incorporated villages shall employ the health 
officers of such villages, when advisable, for health inspection. A health 
certificate signed by a licensed physician shall be presented by each child 
upon entering school each year. Teachers shaU report to medical inspectors 
names of pupils not possessing such certificates, and such pupils shall be 
examined by the inspector, and treatment shall be furnished by such 
inspector free of charge to such pupils. Medical inspectors or principal 
teachers shall annually make eye and ear tests of pupils under instructions 
of commissioner of education, who shall consult State health commissioner 
relative thereto; commissioner of education shall provide for instruction 
in such tests for students in normal schools and teacher-training classes. 
Children showing symptoms of any contagious disease shall be excluded from 
school; medical inspectors shall examine any such children who return to 
school without a health certificate from the health officer or from a licensed 
physician ; medical inspectors may, as they see fit, make examinations of 
teachers, janitors, and school buildings. Commissioner of education may 
adopt rules and regulations, with advice of State commissioner of health, 
for enforcement of medical-inspection provisions; said commissioner may 
withhold public money from any district which willfully refuses or neglects 
to comply with said provisions. Commissioner of education shall appoint 
a physician, who shall have had at least five years' practice in his profes- 
sion as State medical inspector of schools. 
See also A (d), District boards and officers. 

North Carolina: See C (a), I<ocal finance and support, general; J (a). 
Health, general. 

North Dakota: The board of any school corporation may employ one or more 
medical inspectors. The medical inspector shall at least once each year 
examine every child, except those presenting a licensed physician's certificate ; 
notice of physical defects shall be sent to parents; indigent children shall be 
treated. Medical inspector shall cooperate with boards of health in dealing 
with contagious diseases. County and city superintendents shall cooperate 
with medical inspectors ; county superintendent may arrange rural schools by 
groups for securing inspection thereof. Whenever the county superintendent 
shall report to the county board of health that any school building or out- 
house is insanitai-y or unsafe or that any i>erson of school age is alleged to be 
defective, said board of health shall investigate the case. 



600 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Ohio: See A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Oregon: See A (d), District boards and officers. 

Pennsylvania: Every school district of first, second, or third class shall 
provide medical inspection by physicians legally qualified to practice hi the 
State and with at least two years' experience, but districts of third class 
may vote not to have medical inspection. Compensation of medical in- 
spectors shall be determined by boards of school directors ; health officers may 
be appointed medical insi)ectors; in districts of first class, boards of health 
may appoint inspectors with such salaries as may be determined by school 
directors; insi)ection shall be made in the presence of parent or guardian 
when requested. In every district of the fourth class, State department of 
health shall provide medical inspection ; inspectors shall be appointed by the 
State commissioner of health ; they shall be legally qualified physicians with 
at least two years' experience, but any board of directors of fourth-class dis- 
trict may vote not to have medical inspection. Medical inspectors shall at 
least once a year inspect, test, and examine all pupils, giving especial atten- 
tion to defective sight and hearing; they shall make reports to teachers or 
other proper authorities concerning care of pupils. Teachers, or other proper 
authorities, shall send inspectors' reports to parents. Medical inspectors 
shall at least once a year carefully examine school buildings and premises, 
and report on same to State commissioner of health and to boards of directors. 
Directors may employ school nurses. No person having tuberculosis of the 
lungs shall be a pupil, teacher, janitor, or other employee in any public school, 
except in a special school. Any pupil prevented from attending school on 
account of the health law shall not be required to comply with the com- 
pulsory-attendance law. 

See also H (f), Compulsory attendance. 

Rhode Island: There shall be an annual appropriation for medical inspection 
of schools, to be apportioned by State board of education; apportionment to 
any city or town accepting these provisions shall equal one-half amount paid 
by such city or town for the purpose, not to exceed $250 per year. The school 
committee of any city or town may employ one or more school physicians, who 
shall at least once a year make examination of pupils, teachers, and janitors 
of the schools, public and private, and report to superintendent of schools. 
Every superintendent of schools shall cause an annual examination of sight 
and hearing of pupils to be made by teachers or school physicians ; commis- 
sioner of public schools shall prepare rules of instruction and blanks for such 
examination. State board of education shall approve proper standards of 
lighting, heating, ventilating, seating, and other sanitary arrangements of 
school buildings. 

Tennessee: See F (a), Teachers' contracts, duties, etc. 

Utah: Every teacher shall within first month of school or when child enters, 
test every pupil for defective sight, hearing, teeth, or breathing, and shall 
report defect to parent of pupil affected. State board of health shall furnish 
school boards with instructions, test cards, etc. School board may employ a 
regularly licensed physician to make such tests. 

Vermont: State board of health and superintendent of education shall prepare 
test cards, blanks, record books, instructions, and apparatus for testing sight 
and hearing of pupils, and shall furnish same free 1^ public schools. The 
town superintendent or principal of school in an incorporated district not 
in a supervisory union shall biennially require teachers to make tests of sight 
and hearing of all children 7 years of age and older ; such tests shall be re- 



J (C). VACCIXATIOK. 601 

ported to said superintendent or principal, and, in turn, shall be reported to 
superintendent of education ; children apparently defective shall be tested at 
any time; teachers shall report defects to persons in parental relation; the 
town or union superintendent may, after consulting local health oflQcer, dis- 
miss from school any child whose habits, infirmities, or influence may be 
harmful to welfare of school. Sum of $600 appropriated biennially for pur- 
pose of this chapter. 

School directors of any city or town, or school committee of any incor- 
porated district, may, by vote of annual school meeting, appoint one or 
more medical inspectors for their schools. Said inspectors shall examine 
pupils in conformity with requirements of State board of health. Said in- 
spector shall examine pupils in any private school when requested so to do 
by principal thereof, or in case of existence of contagious disease. 

Virginia: See J (a), Health, general. 

Wasliington: See A (d), District boards and officers. 

West Virginia: The board of education of each independent school district 
shall, and other boards may, appoint annually one or more legally qualified 
physicians as medical inspectors; said board shall prescribe duties and fix 
salaries of said inspectors; said inspector shall at least once each year test 
each pupil; said inspector shall, at request of superintendent of school, ex- 
amine any pupil for evidence of infectious or contagious disease. Any pupil 
showing any symptoms of an infectious or contagious disease shall be sent 
home, and boards of education and health shall be notified of such action ; no 
child suffering with any such disease shall attend school; children so dis- 
missed may be allowed to return to school when danger of contagion has 
passed. Medical inspector shall, when requested by school board, advise as to 
lighting, heating, ventilating, and sanitation of school buildings; hours of 
study, recesses, exercises, and other matters pertaining to health, vitality, and 
development of pupils ; said board may employ a teacher nurse to investigate 
sanitary conditions of the pupil and home. Mec^ical insi)ector shall keep a 
record of pupils tested ; shall notify parents of defects of child. 



J ( c ) . Vaccination. 

California: Every pupil within five days after entering school shall furnish 
a certificate showing that he has been vaccinated within previous seven years; 
if parent is conscientiously opposed to vaccination, or if physician certifies 
that vaccination would endanger life or health of child, certificates shall not 
be required; failure to file certificate or statement shall subject pupil to ex- 
clusion from school ; State board of health shall determine cases of smallpox 
in any school ; unvaccinated children shall be excluded when smallpox is 
found to be present ; when vaccination fails to " take," child shall be exempt 
for one year. 

Connecticut: See J (a), Health, general. 

Delaware: See A (cl). County boards, 

Georgia: County boards of education and boards of education of cities may 
make regulations governing the vaccination of pupils and may require vac- 
cination before admission to school. 

Maine: See A (d), District boards and officers. 

Maryland: Pupils must be vaccinated; teachers must ascertain and enroll on 
vaccine register those who produce certificates. If unvaccinated pupil applies 
for admission, teacher must give proper person order on physician for vac- 



602 STATE LAWS RELATING TO PUBLIC EDUCATION. 

cination; teacher neglecting or refusing to comply liable to fine; no public- 
school trustee or commissioner shall permit unvaccinated pupil to enter any 
public school under penalty of fine. " 
See also H (b), School census. 

Massachusetts: No child, unless vaccinated or possessing a certificate from 
a practising physician that he is unfit for vaccination, shall be admitted to a 
public school ; no child while exposed to any contagious disease shall attend 
any public school. 

New Hampshire: See H (f), Compulsory attendance. 

New Jersey: See H (a), School population and attendance, general. 

New Mexico: County superintendents shall see that all children in their 
respective counties of school age are vaccinated, or have been vaccinated 
within one year previous; teachers shall see that school children are vac- 
cinated and shall admit no child to school who has not been vaccinated, or 
who does not possess a certificate of vaccination. Any person in control of a 

- child of school age who shall refuse or neglect to have such child vaccinated 
shall be guilty of a misdemeanor. Vaccination shall be by the health officer 
and shall be paid for by the parents of such children where they are able 
to do so, but in case of indigency the same shall be paid by the directors out 
of the school fund. 

See also A (c2). County officers; E (b), Teachers' certificates, generaL 

New York: No child or person not vaccinated shall be admitted to the public 
schools ; school authorities shall provide for free vaccination of indigent chil- 
dren; said authorities may appoint and fix compensation of a physician, who 
shall vaccinate school children ; said physician shall issue vaccination certifi- 
cates to children vaccinated ; expenses of vaccination shall be a charge against 
the district ; trustees of districts shall include in their reports facts relative 
to vaccination. 

Ohio: See A (f), Administrative units — districts, etc. 

Oregon: See A (d), District boards and officers. 

Pennsylvania: No child shall be admitted to any school except upon a 
certificate signed by a legally qualified physician setting forth that such child 
has been successfully vaccinated, or that such child has previously had 
smallpox. 

Rhode Island: See A (d), District boards and officers. 

South Carolina: See J (a), Health, generaL 

Texas: See J (a), Health, generaL 

Washington: See A (d), District boards and officers. 

AVisconsin: See J (a), Health, general. 

Wyoming: State board of health may adopt measures for the vaccination of 
the inhabitants of any city, town, or county to prevent the introduction or 
arrest the progress of smallpox. 



K. TEXTBOOKS AND SUPPLIES. 



(a) General. 

Georgia: See A (bl). State boards; A (cl), County boards. 

Mississippi: Boards of supervisors, boards of school trustees of common 
schools, and all boards of mayor and aldermen shall purchase supplies upon 
competitive bids, letting contracts for not more than 12 months in advance; 



K (b). FEEE TEXTBOOKS. 603 

no individual member shall purchase any supplies, but in an emergency sup- 
plies not exceeding $100 may be purchased by any individual member without 
competitive bidding. 

Pennsylvania: The board of school directors of each district shall purchase 
all necessary furniture, equipment, textbooks, and school supplies, and fur- 
nish the same free of cost for use in the schools ; textbooks adopted by dis- 
tricts of second, third, or fourth class shall be continued in use for at least 
five years, and shall be adopted by boards of school directors, but if in said 
districts there shall be district superintendents or supervising principals, no 
adoption shall be made without their recommendation, except by a two-thirds 
vote of boards. Directors may allow pupils use of textbooks during vacations. 
School supplies shall be divided into two classes: First, including chairs, 
desks, typewriters, and apparatus; second, maps, globes, and all other sup- 
plies, except textbooks, necessary for school use and not included in first 
class; supplies shall be purchased through competitive bids; no teacher, su- 
perintendent, or employee shall act as agent for school books or supplies in 
district where employed, or was employed during the year preceding ; bribery 
by seller of school books or supplies shall be a misdemeanor ; bribery by any 
teacher, officer, or employee shall be a misdemeanor. 

South Carolina: County boards of education shall set aside from the public- 
school funds of their respective counties not exceeding $500 for the purpose 
of providing textbooks at actual cost to public-school x^upils ; said amount 
shall remain a permanent fund in the hands of the county superintendent to 
be used in purchasing and keeping books for sale, books to be bought under 
contract between the State and publishers. Certain counties are not re- 
quired to comply with this act, but may do so. Trustees may purchase and 
loan textbooks to indigent children. County superintendent shall designate 
a depository in each township where textbooks shall be sold at not exceeding 
10 per cent above " first eost." 



K (b) . Free Textbooks. 

See also K (c), Uniformity of textbooks. 
Arizona: There is appropriated out of the State school fund sufficient money 
to furnish free textbooks for the common schools of the State. County super- 
intendent shall annually furnish the State board of education a list of text- 
books needed in his county and such board shall furnish the same. On or 
before May 25 of a year when a textbook contract is to expire, State superin- 
tendent shall advertise for bids to furnish textbooks and State board shall 
contract for the same; publishers making contract shall give bond for the 
faithful performance thereof; books shall not be sold at a lower price else- 
where than in Arizona. Books shall be shipped to county superintendent, 
who shall distribute them to districts. Not more than one book in the same 
grade shall be changed in any one year, and when adopted a textbook shall 
remain unchanged for five years. If a contractor shall become a party to a 
combination or trust for controlling the price of books, his contract with 
Arizona shall become null and void; attorney general shall, when necessary, 
institute suit for the enforcement of a contract. Books shall be the property 
of the State, and pupil losing or destroying a book must buy another. All 
books shall be fumigated before being reissued to pupils. Parent or guardian 
may purchase books at price which board pays. No school officer or teacher 
shall be agent for an author, publisher, or bookseller. 



604 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Arkansas: See H (f), Compulsory attendance. 

California: See Appendix A: State constitutional provisions relating to public 
education. 

Colorado: See A (d), District boards and officers; N (a), High schools, 

Connecticut: See A (d), District boards and officers; U (e), Schools for 
dependents and delinquents. 

Delaware: Each school committee and board of education outside of the city 
of Wilmington shall furnish textbooks free to all the pupils of the public 
schools, including colored pupils; school committee shall order through the 
State treasurer the necessary books, which shall be those adopted by the 
State board of education and furnished at contract price; State treasurer 
shall pay for books out of the school fund of the State, but shall pay no bills 
for at least 30 days from the time they are rendered; school committee shall 
provide for the safekeeping of books and the clerk of the district shall be 
responsible therefor; said committee may furnish books at cost to puijils 
desiring to own their books; each teacher shall report to school committee 
quarterly, giving attendance, etc., and an inventory of the books. 

See also A (cl). County boards; B (e), State aid for elementary education. 

Florida: County school boards shall furnish textbooks free to all indigent 
children not over 15 years old; in special tax districts said districts shall 
furnish such books. 

Idaho: See A (bl), State boards. 

Illinois: See A (d), District boards and officers. 

Indiana: See K (c). Uniformity of textbooks. 

Iowa: See A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; K (c). Uniformity of textbooks. 

Kansas: See K (c). Uniformity of textbooks. 

Kentucky: See A (c2), County officers; A (d), District boards and officers. 

Louisiana: See A (d), District boards and officers. 

Maine: See A (f). Administrative units — districts, etc. 

Maryland: See A (cl), County boards; K (c), Uniformity of textbooks. 

Massachusetts: See A (d), District boards and officers. 

Michigan: See A (d). District boards and officers; A (f), Administrative 
units — districts, etc.; K (c). Uniformity of textbooks. 

Minnesota: See A (d), District boards and officers; K (c), Uniformity of 
textbooks. 

Missouri: The qualified electors of any school district may by majority vote 
determine to furnish from the incidental fund textbooks free to pupils, such 
books to be the property of the district. No board shall pay a higher price 
than is paid for the same books elsewhere. No contract hereafter made by 
any county or State textbook commission shall be binding on any district 
furnishing free textbooks ; no contract for books under this act shall be made 
for a period longer than five years. Any district furnishing free textbooks 
to at least the first four grades shall be entitled to aid from the county 
foreign insurance tax moneys; any district not furnishing textbooks free to 
all elementary school pupils within three years shall be entitled to no fur- 
ther aid from said insurance moneys. 
See also K (c), Uniformity of textbooks. 

Montana: See A (d), District, boards and officers; H (f). Compulsory at- 
tendance; K (c), Uniformity of textbooks. 



K (b). FREE TEXTBOOKS. 605 

Nebraska: The various school boards of public schools are empowered and 
it is made their duty to purchase all textbooks for schools and are authorized 
to contract with publishers of such books for a period not exceeding five 
years; contract prices of such books shall not exceed the lowest price granted 
anywhere else in the United States, and such prices shall be reduced in 
Nebraska when reduced in any other State. Before any publisher shall be 
permitted to enter into contract with any district he shall file with State 
superintendent a bond, in the sum of not less than $2,000 nor more than 
$20,000. For purpose of paying for books, school district officers may draw 
an order on district treasurer; textbooks may be paid out of any funds be- 
longing to the general fund, to the incidental fund, or to a fund especially 
provided for that purpose. Any contract entered into with any publisher 
shall become null and void if said publisher shall become a party to any 
combination for the purpose of raising the price of textbooks. State super- 
intendent shall distribute to the various school officers a price list of text- 
books and shall prepare and distribute a contract form to the districts 
through the county superintendents, the said form to be used in making all 
contracts with publishers. Upon the violation of any textbook contract by 
a publisher when the same shall have been reported by the district to the 
State superintendent, shall be reported to the attorney general, who shall 
begin proceedings against such publisher. Textbooks bought by the district 
shall be loaned free of charge to pupils, but pupils shall be held responsible 
for the same. Other school supplies than books may also be loaned to pupils. 
If desired, books may be bought from the board at cost ; board may designate 
some local dealer to handle books for the district, with such an increase in 
cost for handling and transportation as may be agreed upon. 

Nevada: Trustees shall purchase all new textbooks and supplementary books 
and school supplies for use in public schools, same to be charged to county 
school fund belonging to the various districts; such books shall be held as 
property of districts, but loaned to pupils; parents and guardians shall be 
responsible for books in hands of school children; equipment and materials 
for special departments may be furnished same as books; trustees shall fur- 
nish desk books for teachers; textbooks and supplementary books may be sold 
for cash if parents desire to purchase such books. Clerk of board shall turn 
over to the county treasurer all moneys collected under the provisions of 
this act. 

New Hampshire: See A (d), District boards and officers. 

New Jersey: Textbooks and school supplies shall be furnished free of charge 
for use of all pupils in public schools; every district shall raise funds for 
such purpose as other school moneys are raised; every school board shall 
make rules for care of textbooks. No person officially connected with public 
schools shall have any financial interest in sale of any textbooks or school 
supplies; violation of such provision is punishable by removal from office 
or by revocation of certificate to teach. 

See also A (f), Administrative units — districts, etc. 

New Mexico: See H (f). Compulsory attendance. 

New York: See A (d), District boards and officers; K (c), Uniformity of 
textbooks. 

North Dakota: The school board or board of education of any district may 
adopt textbooks for use in the public schools of such district and may pur- 
chase the same and loan them free to pupils. Before any publisher shall 
offer books for sale in the State he shall file lists, stating lowest prices, with 



606 STATE LAWS EELATING TO PUBLIC EDUCATION. 

the State superintendent, wlio shall furnish such lists to school officers, and 
adoptions for not exceeding three years shall be made therefrom ; publishers 
shall sell books at prices quoted. When petitioned by two-thirds of the 
voters, school board shall furnish textbooks free. 
See also A (f), Administrative units — districts, etc. 

Ohio: See A (f), Administrative units — districts, etc. 

Oklahoma: See H (f), Compulsory attendance. 

Oregon: The board of any district may, and on petition of five legal voters 
in a district of the third class, or 25 in a district of the second class, or 100 
in a district of the first class shall, call an election to determine question of 
furnishing textbooks free to pupils; majority of votes cast shall determine; 
vote shall be taken only for grades below the high school; when so voted 
district shall raise funds sufficient to buy books and loan them to pupils. 
Board shall annually have books disinfected. 
See also A (d). District boards and officers, 

Pennsylvania: See K (a). Textbooks and supplies, general. 

Rhode Island: See A (d), District boards and officers. 

South Carolina: See K (a). Textbooks and supplies, general. 

South Dakota: See K (c). Uniformity of textbooks. 

Tennessee: See H (f), Compulsory attendance. 

Utah: See A (d). District boards and officers; A (f), Administrative units — 
districts, etc.; U (c), Juvenile courts. 

Vermont: Board of school directors shall, in the case of elementary schools, 
and may, in the case of high schools, provide and furnish appliances, supplies, 
and textbooks to pupils ; such books shall be loaned to pupils free of charge 
under rules of said board, and may be sold to parents or guardians at cost. 
Parents or guardians shall pay for books lost or damaged; directors shall 
be liable for uncollected losses or damages. Board of directors and town 
superintendent shall select books used in public schools. No person officially 
connected with any public school shall receive any gratuity or compensation 
for recommending or procuring adoption of any book or purchase of school 
equipment or other supplies ; violation punishable by fine of not less than $25 
nor more than $100. 

See also A (d). District boards and officers. 

Virginia: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc. 

Washington: See A (d). District boards and officers. 

West Virginia: Board of education of any district or independent district may 
purchase and furnish free textbooks to pupils of free schools; such books 
shall be delivered by secretary of the board to the teacher as needed, and 
teacher shall return such books at close of term ; pupils shall pay for books 
lost or damaged. 

Wisconsin: See A (e), School meetings, elections, etc.; K (c), Uniformity of 
textbooks; N (a), High school. 

Wyoming: Board of school directors of any city or county are empowered 
and it is made their duty to purchase all textbooks necessary for the public 
schools of such city, town, or district; they may contract with publishers of 
books for not exceeding five years; publisher must file with State superin- 
tendent bond for $2,000 to $20,000, as determined by superintendent, for the 
faithful performance of contract. Books purchased shall be paid for from 



K (c). UNIFORMITY OF TEXTBOOKS. 607 

public-school land income fund. State superintendent shall have printed 
price lists sworn to by publishers, and shall furnish such lists to county super- 
intendents for school districts; State superintendent shall also furnish form 
for contract. Books purchased under provisions of this act shall remain the 
property of the district. 



K (c). Uniforniity of Textbooks. 

Alabama: Nine educators (one from each congressional district), the governor, 
and the State superintendent constitute the State textbook commission; 
members shall take oath of office; governor is president; superintendent is 
secretary; commission shall select a uniform series of textbooks; unlawful 
to use textbooks other than those adopted; books adopted for subjects re- 
quired by law to be taught; textbooks shall contain nothing partisan nor 
sectarian ; at end of year commission may drop any unsatisfactory book ; 
commission shall advertise for bids for furnishing books for five years; 
bidder shall, as guarantee of good faith, deposit a sum of money determined 
by the commission ; commission shall meet in executive session to open bids 
and examine books; notice of books adopted shall be given publishers by 
registered letter; attorney general shall prepare contract and governor and 
secretary of state shall execute it; contracting publishers shall give bond of 
$10,000 to $30,000, as determined by commission; when bond is given, cash 
deposit shall be returned; contracting publisher failing to execute contract 
and give bond forfeits cash deposited, such cash going to the school fund; 
secretary of state and county superintendents shall receive and keep on file 
specimens of books; contractors shall print contract price on back of book: 
contractors shall not furnish books at a lower price elsewhere, and in case 
they do commission shall sue upon their bond to recover difference in price; 
by agreement commission and contractors may alter contract; majority of 
the commission rules; State shall not be liable to any contractor in any 
manner; commission may reject any or all bids; on failure to adopt commis- 
sion may readvertise for bids ; commission may advertise for manuscripts of 
unpublished books and having secured such may advertise for publishers 
of such manuscripts, but no contract shall be made binding the State to pay 
for publication; when bids are submitted, manuscript and description of 
proposed book may be submitted in lieu of the finished book ; governor shall 
issue proclamation stating what books adopted ; contractors shall place books 
on sale at not less than three places in each county; county superintendent 
may sue upon breach of contract made in his county ; commission shall see 
to prompt distribution of books; commission shall maintain its organization 
five years; State superintendent shall notify school officers of books adopted; 
when adopted expires, new adoption takes effect ; supplementary books may 
be used, but not to exclusion of adopted books; $3,000 annually is appro- 
priated to carry out the act ; compensation of appointive members $4 per day 
and 10 cents per mile traveled; clerk may be appointed at $3 per day; 
adoptions for five years unless otherwise provided ; when contract is for 
feited, a new contract may be made for the unexpired term. 
See also I (a), Discipline, general. 

Arizona:- See A (bl), State boards; A (c2), County officers; A (d), District 
boards and officers; K (b), Free textbooks. 

Arkansas: At annual district meetings electors may vote on the question of 
county uniformity of textbooks; county court shall ascertain result of e]ec- 
tion. If a majority vote "for comity uniformity," county examiner (or 



608 STATE LAWS EELATING TO PUBLIC EDUCATION. 

county superintendent), two teachers appointed by the State superintendent, 
and two citizens appointed by the county judge shall constitute the school- 
book board. Said board shall adopt for use six years in the county a series 
of textbooks in reading, writing, spelling, arithmetic, language lessons, Eng- 
lish grammar, geography. United States and Arkansas history, civil govern- 
ment of the United States and of Arkansas, physiology, elementary algebra, 
and elementary agriculture. Board shall be in session not exceeding 10 days 
in any year and shall receive $2 per day each. Books adopted shall be 
brought into exclusive use in the county, but supplementary books may be 
used. Publisher shall furnish to State superintendent and county examiner a 
copy each of book offered together with proposed price, and shall give bond 
to the State for the performance of the contract required to be made. The 
directors of a special district may adopt either the county series or a dif- 
ferent series. Question of uniformity shall not be voted on oftener than once 
a year. Publishers shall not sell books at a higher price in counties where 
uniformity is not voted. 

See also A (bl), State boards; A (b2), State oflacers; A (c2), County 
officers; A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

California: Misdemeanor for a school officer or teacher to use other text- 
books than those prescribed by proper authority or to willfully neglect or 
refuse to make reports required by law. 

See also A (bl), State boards; A (cl). County boards; A (c2), County 
officers; A (d), District boards and officers; F (a), Teachers' contracts, 
duties, etc.; N (a) High schools. 

Colorado: See A (d) , District boards and officers ; Appendix A : State constitu- 
tional provisions relating to public education. 

Connecticut: See A (bl). State boards; A (d), District boards and officers. 

Delaware: See A (bl). State boards. 

Florida: The board of commissioners of State institutions is constituted a 
State textbook commission to select and adopt textbooks for the public 
schools; adoption for five years. Branches: Spelling, defining, reading, 
writing, drawing, arithmetic, geography, grammar, language lessons, Florida 
history. United States history, physiology, civics, elements of agriculture, 
theory and practice of teaching. The governor shall appoint for term of 
four years a subcom mission of not less than nine members, four county 
superintendents, and five teachers, not more than three of whom shall be 
from the same congressional district and none of whom shall be related to 
any member of the textbook commission; said subcommission shall examine 
all books submitted without regard to price and shall report on the same 
to commission ; such report shall indicate first choice, second choice, etc., for 
each branch. Commission shall open in executive session such recommenda- 
tions and bids submitted and shall adopt books. Before entering upon their 
duties each member of subcommission shall take oath that he is not and has 
not been agent for any textbook. Before adopting books commission shall 
advertise for sealed bids; bidder shall deposit between $500 and $2,500, 
according to number of books submitted, as a guaranty that contract and 
bond will be executed, if bid is successful. Commission shall notify bidder 
of adoption of books and award of contract; successful bidder shall then 
execute a bond for not less than $10,000 for the faithful performance of con- 
tract. Unsuccessful bidders and contractors, when bond is executed, shall 
be entitled to the return of their cash deposits. Contractor shall print con- 
tract and exchange prices on the back of each book; commission shall not 



K (C). UNIFOKMITY OF TEXTBOOKS. 609 

contract for any book at a price above that for which such book is sold in any 
State, county, or city in the United States; it shall be stipulated in the 
contract that books shall not be sold at a lower price elsewhere, and if 
contractor violates such stipulation, commission may sue and recover on bond ; 
contractor and four members of commission may change contract ; after the 
first adoption there shall not be any greater change in books than would be 
equal to 10 per cent per annum of the whole number of books adopted. The 
State shall not be liable to contractor for any sum whatever. It shall be 
stipulated in the contract that publisher shall exchange books adopted for 
old books on the same subject and shall allow for old books not less than 50 
per cent of price of new. Commission may reject any and all bids and adver- 
tise for new bids, or may accept manuscripts if owner thereof will have 
the same published. There shall be maintained in each county, if com- 
mission so requires, not less than 1 nor more than 12 agencies for the dis- 
tribution of books, or contractor may make arrangements with merchants 
for handling books ; where no agency is maintained, any person may order 
for cash and contractor shall forward books prepaid at retail price. County 
boards of education may adopt high-school books for branches not mentioned 
in this act. After contracts are executed State superintendent shall issue 
to county superintendent a circular letter giving list of books adopted, prices, 
etc., and location of agencies. Books adopted shall be used to exclusion of 
all others, but supplementary books may be used and books on higher branches 
than those mentioned in this act may he adopted by county boards. County 
board of education shall discharge and cancel the certificate of teacher using 
other than adopted books. Misdemeanor to sell books above contract price. 
Commission shall serve without compensation; each member of subcom- 
mission shall receive $4 per day and actual expenses for not exceeding 30 
days. 

No superintendent, member of school board, other person officially con- 
nected with the government of the schools, or teacher shall be agent for or 
otherwise personally interested in the sale or exchange of textbooks and 
school apparatus. 
Georgia: The State schoolbook commission shall consist of the governor, 
secretary of state, comptroller general, attorney general, and State superin- 
tendent of schools; governor shall be president and superintendent shall be 
executive officer. Said commission shall adopt a uniform system of text- 
books in following branches : Spelling, reading, writing, arithmetic, geog- 
raphy, language lessons, English grammar, Georgia history, United States 
history, physiology and hygiene, elements of agriculture, elements of civics, 
and such other branches as may be provided for by statute, but no book 
selected shall contain anything of a partisan or sectarian character. This 
act shall not apply to any county, city, or town system which with a local 
tax and State funds maintains school for eight months or longer. Commis- 
sion shall select five persons actually engaged in school work as a subcom- 
mission; sample copies of books shall be submitted to said subcommission, 
who shall examine the same irrespective of price; each member shall report 
to commission his first choice, second choice, third choice, etc., for each 
branch of study; said individual reports shall be kept sealed until commis- 
sion meets in executive session to open and consider bids; each member of 
subcommission shall take oath that he is not interested in the sale of any 
book and that he will faithfully discharge his duties. Commission shall 
consider merits of books and prices, giving proper weight to reports of sub- 
commission and shall make adoptions; thereafter reports of subcommission 

3966°— 15 ^39 



610 STATE LAWS RELATING TO PUBLIC EDUCATION. 

shall be filed in office of State superintendent and shall be open to inspection. 
Commission prior to adoption shall advertise for bids to furnish books for 
five years through agencies located in each county and place designated by 
commission ; bids shall name retail and exchange prices ; each bidder shall 
make a cash deposit of between $500 and $2,500, as determined by commis- 
sion, which deposit shall be forfeited if bidder fails to execute contract and 
bond required when bid is successful. After selection of books commission 
shall notify successful bidders and contract shall be executed; contractor 
shall give bond for not less than $10,000; deposits shall be returned to un- 
successful bidders and to successful bidders when bonds are executed. Con- 
tractor shall print retail price and exchange price on back of each book; 
contractor shall not furnish the same book at a lower price anywhere else in 
the United States under like conditions ; if book is so sold, commission shall 
sue on bond and recover difference in price; three members of commission 
and contractor may agree to change contract ; State shall not be liable under 
any contract for any sum whatever. Commission may reject all bids and 
advertise for new bids. Contractor shall maintain one State depository and 
from one to three agencies in each county for the distribution of books, or he 
may arrange with dealers to furnish the same. Contracts shall be for five 
years. State superintendent shall furnish lists of adopted books to county 
superintendents. Supplementary readers may be used, but not to exclusion 
of adopted books. Commission shall serve without compensation; each mem- 
ber of subcommission shall receive $4 per diem for not exceeding 30 days 
and actual expenses. 

See also A (c2), County officers. 

Idaho: See A (bl), State boards; A (f), Administrative units — districts, etc. 

Illinois: See A (d). District boards and officers. 

Indiana: The State board of education shall constitute a board for the 
purpose of selecting or procuring the compilation for use in the common 
schools of a series of textbooks on the following : Spelling, reading, arithme- 
tic, geography, English grammar, physiology. United States history, and a 
graded series of writing books ; said board shall also adopt textbooks to be used 
in all public high scnools; said books shall contain no partisan or sectarian 
matter and shall be equal in size and quality to standard textbooks in general 
use. Board shall advertise for bids (1) from publishers to furnish books for 
period of five years, (2) from authors of textbooks having unpublished manu- 
scripts, (3) from persons willing to undertake the compilation of books. 
Bids by publishers shall be accompanied by bonds, condition on the per- 
formance of contracts when obtained; bidder shall also make affidavit that 
he is in no wise connected with any other publisher or firm bidding at the 
same time and that he is not a party to any compact whereby the benefits of 
competition are denied. State board shall open bids and contract for books, 
but no contract shall be made for any book, manuscript, or copyright which 
shall be sold in this State at a price in excess of the lowest contract selling 
price of the same at any place in the United States, and if price is reduced 
elsewhere a reduction to the same price shall be made in this State; when 
books are sold under like conditions at a lower price elsewhere and contractor 
refuses to make required reduction in price, governor shall, on proof of such 
fact, order contract canceled. State shall not be liable to contractor for 
any sum whatever. Governor shall issue proclamation when contract is 
perfected. Each township trustee and each school board shall fui'nish text- 
books free to indigent children. Textbooks adopted for the common schools 
shall be used in all such schools of the State and those adopted for high 



K (C). UNIFORMITY OF TEXTBOOKS. 611 

schools shall be used in all high schools. Name and price of each book shall 
be printed on the cover thereof. State superintendent shall cause copies of 
this law to be printed and shall furnish the same to school officers. Misde- 
meanor for a merchant or dealer to sell a book at exceeding the contract 
price. When contractors consent to the revision of a book or the introduction 
of an intermediate book the State board may have such revision made or 
Intermediate book introduced ; the cost of revision shall be borne by the con- 
tractor, but such cost shall first be agreed upon by the contractor and State 
board; if no agreement as to cost can be reached, State board may advertise 
for other books. Whenever a revision is determined upon the author thereof 
shall be allowed sufficient time to complete manuscript and contractor shall 
be allowed at least six months after its completion in which to manufacture 
and ship the books. No new or revised book shall be introduced until the 
State board shall have given notice to school officers at least 12 months in 
advance, and said officers shall give such notice to dealers. Revision shall 
not be required oftener than once in 10 years of any book except copy books, 
histories, and geographies ; contracts for furnishing copy books, histories, and 
geographies shall be for 5 years and other contracts for 10 years, but State 
board may, by two-thirds vote, cancel any contract at the expiration of five 
years; at the expiration of five years State board may reduce the price of 
any book. The use of any reading primer adopted by the State board shall 
be optional in cities having over 5,000 inhabitants. County superintendent 
shall appoint some dealer or merchant in the county to act as a depository 
for books adopted; publisher shall sell books to depository at a discount of 
15 per cent, who shall distribute them to other merchants and dealers at a 
discount of 10 per cent from the contract price; depository shall ascertain 
from county superintendent the probable number of books needed and shall 
order the same, paying cash therefor. In case the contractor fail to secure a 
depository in any county, books shall be sold by township trustee or board of 
school trustees. 

See also A (f), Administrative units — districts, etc. 
Iowa: The board of directors of any school corporation may adopt textbooks 
for all subjects authorized to be taught in the public schools and may con- 
tract for and buy said books and necessary school supplies and sell the 
same to pupils of the district at cost; money received therefor shall be 
returned to the contingent fund; books and supplies shall be bought from 
said fund and directors may annually levy an additional tax therefor of 
not exceeding $1.50 per pupil. In the purchase of books it shall be the 
duty of the directors or the county board of education to take into con- 
sideration the books then in use in the respective districts. Board of 
directors or county board of education shall bring suit on bond of pub- 
lisher failing to comply with contract m.ade with said board. Before 
purchasing books and supplies, board of directors or county board of edu- 
cation shall advertise for bids and shall award the contract for the same to 
lowest responsible bidder or bidders offering suitable books and supplies. 
Board of directors or county board shall not change books adopted oftener 
than once in five years, except in case of breach of contract, or unless 
authorized by a majority of the voters at the annual meeting. Person or 
firm desiring to furnish books or supplies shall file samples with the county 
superintendent who shall preserve the same. The county superintendent, 
county auditor, and members of the board of supervisors shall constitute 
a county board of education. On petition of one-third of the school directors 
outside of cities and towns, county board of education shall submit question 



612 STATE LAWS RELATING TO PUBLIC EDUCATION. 

of county luiiformity to qualified electors at next annual meeting. If a 
majority of the voters at election favor uniformity, county board of edu- 
cation shall select books for the county and contract for the same, but 
cities and towns shall not be subject to county uniformity. Unless other- 
wise ordered by the board, county superintendent shall have charge of the 
distribution of books and supplies; board may pay for books and supplies 
out of county funds and sell them at same price; when selected books shall 
be used in all the public schools except in cities and towns. No director, 
teacher, or member of the county board of education shall during his term 
of office be an agent for textbooks or supplies. On petition of one-third of 
the legal voters of any school corporation, directors shall submit to next 
annual meeting of voters the question of providing free textbooks to pupils 
of the public schools; if majority of voters voting at election favor free 
textbooks, directors shall purchase the same and loan them to pupils under 
rules and regulations made by board. At a subsequent annual election, 
after legal notice, voters may discontinue the provision of free textbooks. 
See also A (f), Administrative units — districts, etc. 
Kansas: There is created a State schoolbook commission of seven members 
which shall consist of State superintendent, president of State normal school, 
president of State agricultural college, State printer, president of State 
board of agriculture, and two members appointed by the governor for term 
of two years; said commission shall succeed to powers and duties of school 
textbook commission, which latter shall cease to exist, but whose contracts 
shall continue in force until their expiration. Each member not recei\ing 
stated salary from the State shall receive $5 per diem and actual expenses 
while attending meetings. Commission shall elect a chairman from among 
the members and a secretary not a member, who shall devote his entire 
time to his duties and hold office for two years or until dismissed by com- 
mission for cause. The commission shall adopt, write, select, compile, or 
cause to be written or compiled, or purchase copyrights for, a complete 
series of textbooks for use in the public schools, or may contract for the 
right to publish any or all of such books on payment of an agreed royalty; 
said commission may have written or compiled or may purchase the several 
textbooks and manuscripts to be used in the public schools and fix the 
compensation of authors and compilers; said commission may also secure 
copyrights for Kansas and may contract with authors and publishers upon 
a royalty basis for the exclusive right to publish and use textbooks in the 
State of Kansas. The printing of all textbooks published by the State, 
and all mechanical work connected therewith, shall be done by and under 
the supervision of the State printer at the State printing plant. Whenever 
one or more of said textbooks shall have been authorized or published, com- 
mission shall order the exclusive use of the same in the public schools, but 
said order shall not interfere with existing legal contracts ; superintendents, 
principals, and teachers shall not use books other than those ordered by 
commission. On basis of estimates made by State printer, commission shall 
fix maximum prices at which books shall be sold to school patrons of the 
State. District boards and school boards in cities of first and second 
classes shall provide a " revolving fund " from which books shall be pur- 
chased and sold to patrons, price received shall be returned to said revolving 
fund, but school board may designate a dealer who may purchase directly from 
the State and sell at 10 per cent profit ; qualified electors voting at election 
may determine to furnish textbooks free; any educational institution in the 
State may adopt and purchase textbooks published by the State. If the dis- 
trict board desires to deal directly with the schoolbook commission instead 



K (C). UNIFOEMITY OF TEXTBOOKS. 613 

of through authorized ageuts. said board shall make requisition, accom- 
panied by amount of cost of books, on secretary of commission and said 
secretary shall ship books ordered to said district. Any dealer designated 
by school board to distribute books shall apply to secretary of commission 
and shall agree to furnish all books at not exceeding 10 per cent profit; 
State superintendent shall furnish county superintendents with price lists 
for use of dealers. Appropriations: One hundred and fifty thousand dollars 
for additional lands, buildings, equipment, etc., for State printing plant; 
$50,000 to pay authors, artists, compilers, etc., and to purchase copyrights, 
plates, etc. ; $25,000 to purchase paper and other material and to employ 
labor, but this fund shall be replaced from the sale of books; $2,000 as a 
contingent fund ; $2,000 per annum to pay salary of secretary ; $1,500 to pay 
expenses of commission. Misdemeanor to sell books for a price higher than 
that fixed, or for n superintendent, principal, or teacher to use books other 
than those prescribed. Charts, maps, globes, and other apparatus, other 
than scientific apparatus for high schools, must have approval of commission. 
Kentucky: State textbook commission created; composed of governor, ex 
officio chairman ; State superintendent, ex officio secretary ; one member from 
faculty of each of the State normal schools at Richmond and Bowling Green: 
one from university; one educator from each of appellate court districts; 
term of service, four years; shall meet on call; shall advertise for sealed bids 
from publishers of school textbooks for furnishing books to common aud 
high schools. Bids shall be for five-year periods at net contract, retail and 
exchange prices. Commission may reject all bids ; act of 1910 regarding cities 
of first, third, and fourth classes, and act of 1912 regarding cities of second 
class shall remain in force and be unaffected by this act. In selection' and 
adoption commission shall consider merits of the books and include all 
branches of common, elementary, and high schools, except as provided ; no 
book shall contain partisan, sectional, or sectarian matter ; commission shall 
award contract and retail price in Kentucky ; shall not exceed similar prices 
in other States ; State superintendent shall prepare and have printed for 
commission the form of contract approved by attorney general ; State shall 
not be liable on these contracts; county board of education or city board of 
education shall appoint two or more agents to handle the books, who shall 
receive 15 per cent of the retail price and shall pay out of this 15 per cent 
transportation and other charges on said books; prices of books shall be 
printed on covers; agents of books who shall ask or receive more than the 
lawful price shall be guilty of a misdemeanor and be fined ; each year com- 
mission shall print list of books adopted, with the net contract, exchange, 
and retail price of each : the textbook adopted shall be used and others ex- 
cluded from common and high schools ; supplementary textbooks may be used ; 
any board of education, trustee, or teacher violating this law is guilty of a 
misdemeanor and liable to fine. Before submitting bids publishers shall file 
copy of the textbook: with State superintendent with sworn statement as to 
prices; if publisher fails to comply with terms of his contract by asking a 
higher price or offering an inferior book, commission shall bring suit; 
publishers shall pay a filing fee of $5 for each textbook when he submits bid, 
and shall take oath that he has no agreement with other publishers in order 
to control prices; if he violates this oath legal proceedings shall be brought 
to forfeit his bond; any publisher of textbooks who contributes to the 
campaign fund of any party or candidate shall be guilty of a misdemeanor 
and liable to fine and forfeiture of his bond. Any member of the commission 
who solicits or accepts a bribe shall be guilty of a misdemeanor and liable 



614 STATE LAWS RELATING TO PUBLIC EDUCATION. 

to flue and imprisonment; any teacher or educator using liis influence with 
the commission shall be guilty of a misdemeanor and liable to fine unless 
registered as in the employ of a publisher. After examining books submitted 
commission shall go into executive session and exclude all publishers and 
agents; it shall be a misdemeanor for agents or publishers to be present at 
such executive session, punishable by fine or imprisonment, or both; pub- 
lisher must qualify to sell books under this law by filing bond of not less than 
$10,000; failing to qualify, he shall be guilty of a misdemeanor and liable 
to fine. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Louisiana: State board of education shall adopt a uniform series of textbooks 
for public schools, to remain unchanged for six years after such adoption; 
not more than three subjects or parts of subjects of elementary grades and 
not more than two- of following high-school subjects can be changed at any 
one adoption, namely: Algebra, English grammar, composition, and rhetoric, 
botany, zoology, chemistry, geometry, American history, ancient history, 
medieval and modern history, and of remaining high-school subjects not more 
than five shall be changed at any adoption, but any textbook may be changed at 
any time upon application of 40 parish boards; adoption of textbooks shall be 
made in periods of three years apart ; mode for procedure for the announce- 
ment of bids, awarding of contracts, and location of depositories shall be left 
to said board. 

See also A (bl), State boards; A (d), District boards and officers. 

Maine: See A (d), District boards and officers. 

Maryland: School books shall contain nothing of sectarian or partisan char- 
acter. Board of public school commissioners of Baltimore city and the county 
school boards shall adopt and purchase textbooks for use in the public 
schools free of cost ; boards shall have right to change textbooks at any time ; 
board shall not be required to expend in any school year for textbooks more 
than the amount received under the provisions of this article; board shall 
buy textbooks by competitive bidding at lowest possible price; they shall 
make annual reports of publishers and net prices; provide for delivery of 
books to the schools, for their safe-keeping and return, and report all moneys 
expended; no money provided for textbooks shall be used for any other pur- 
pose, but surplus may be used for buying maps of Maryland and for supple- 
mentary reading books; $150,000 appropriated for this purpose annually; 
shall be apportioned in September on basis of pupils enrolled. 

Massachusetts: See A (d), District boards and officers. 

Michigan: Each school board shall, when. authorized by a majority vote of 
those qualified to vote on the question of raising taxes, purchase and loan to 
pupils textbooks in spelling, reading, writing, geography, arithmetic, gram- 
mar, national and State history, civics, and physiology and hygiene; board 
shall adopt textbooks, but those once adopted shall not be changed within 
five years, and textbook on physiology and hygiene must have approval of 
the State board of education; books shall be loaned to pupils under such 
rules and regulations as the board may prescribe; any pupil may purchase 
his own textbooks; district having once adopted or rejected free textbooks 
may take further action at a subsequent annual meeting. Board of district 
adopting free textbooks shall contract with a dealer to furnish the same at 
net wholesale price; said board shall annually add to other estimates for 
school purposes the amount necessary to provide textbooks and tax for the 



K (C). UNIFORMITY OF TEXTBOOKS. 615 

same shall be levied and collected as other district taxes. It shall be a misde- 
meanor for an officer or member of a board to refuse or neglect to provide 
free textbooks after an affirmative vote has been taken by the district on the 
matter. 

No person shaU. offer any textbook for sale or exchange in the State until 
he shall have complied with the following conditions: (1) He shall file with 
the State superintendent copies of textbooks, prices, etc.; (2) he shall file 
with the State superintendent a bond guaranteeing that he will furnish to 
districts books at lowest price listed and maintain uniform price throughout 
the State ; that he will reduce such prices automatically when books are sold 
at lower prices outside the State; that all textbooks offered for sale in the 
State shall equal in quality those filed with State superintendent ; that special 
editions prepared and sold elsewhere at lower prices than those listed shall 
be listed and filed in this State at the same lower price ; that he will not enter 
into any combination to control prices. State superintendent shall within 30 
days send copies of lists filed with him to school officers. Superintendent 
and principals shall report to county commissioner of schools, or to board of 
education in case of incorporated cities, all violations of the conditions of said 
bond, and said commissioner or board of education shall investigate and 
report to State superintendent, who shall notify the person guilty of viola- 
tion ; if said person shall fail to comply with the conditions of notice. State 
superintendent may suspend his right to sell books in the State; for per- 
sistent failure to comply. State superintendent shall declare bond forfeited 
and attorney general shall bring suit thereon; funds derived from judgment 
thus secured shall be credited to the primary school interest fund. No person 
shall secure or attempt to secure the sale of any textbook by rewarding or 
promising to reward any teacher or school officer in any way whatever. No 
retail dealer shall sell books at a price greater than 15 per cent in excess of 
net wholesale price; districts may purchase books at price listed with State 
superintendent and sell the same to pupils at said price, plus cost of hand- 
ling; any district may so purchase books and designate a retail dealer to 
sell them at not exceeding 10 per cent above said wholesale price. When a 
family removes from a district the treasurer of the district shall purchase 
from the contingent fund the textbooks of the children of said family. 

See also A (f), Administrative units — districts, etc.; N (a). High schools. 
JVIinnesota: State high-school board shall prepare list of books for school 
libraries. Upon the receipt of a certified statement from any district, ap- 
proved by county superintendent, showing the purchase of library books, the 
appointment of a librarian, and the making of proper provisions for distri- 
bution of books, the State superintendent shall furnish such district a requisi- 
tion upon State auditor for one-half purchase price of books, not exceeding 
$20 for first year and $10 for any subsequent year. School districts may 
make library arrangements with approved public libraries. Any person, com- 
pany, or corporation shall, before offering any textbooks for adoption, sale, 
or exchange, file a copy of such textbook, together with all required data as 
to prices and exchange, with the State superintendent; file with State super- 
intendent agreement to furnish books at lowest prices quoted, to reduce prices 
when they are reduced in other States, and that said textbooks shall in every 
way be equal to samples filed; file a bond of not less than $2,000 nor more 
than $10,000. State superintendent shall aimually distribute price list of 
books so filed to school officers throughout State. Any school district shall, 
when directed by electors or when board deems it advisable, provide text- 
books free of charge to pupils or provide for sale of books at cost; five or 



616 STATE LAWS RELATING TO PUBLIC EDUCATION. 

more legal voters of any common-scliool district may petition board to submit 
question of free textbooks ; board may purchase textbooks for indigent pupils 
and pay for the same out of district funds. No adoption of textbooks shall be 
made for less than three nor more than five years. Any publisher who shall 
foster a combination to control prices of books or restrict competition shall 
forfeit his bond; any publisher attempting to sell books before samples of 
same are filed with State superintendent shall be guilty of a misdemeanor. 
No school official shall accept any favor of any kind whatever from those 
offering textbooks for use in the State. 
Mississippi: Governor shall appoint eight public-school teachers, who, together 
with State superintendent, shall constitute the textbook commission. Duties: 
To select and adopt uniform series of textbooks for use in public schools for 
five years; shall include orthography, reading, writing, intellectual and prac- 
tical arithmetic, geography, English grammar, composition. United States and 
Mississippi history, physiology, civil government, elements of agriculture. " No 
history in relation to the late civil war between the States shall be used in 
the schools of this State unless it be fair and impartial " ; no books shall con- 
tain anything of a partisan or sectarian character. Commissioners shall take 
oath ; trustees of separate school districts may select supplemental books and 
raise curriculum above that prescribed by law. Commission shall take into 
consideration merits of each book in subject matter, printing, binding, mate- 
rial, mechanical qualities, and general suitability for purposes intended, as well 
as price ; commission shall advertise for sealed bids ; bids shall state definitely 
prices at wholesale and retail and each bidder shall make such deposit with 
State treasurer as commission may require; bids must be opened and con- 
sidered in executive session; attorney general shall prepare contracts in ac- 
cord with provisions of law; contractors shall enter into bonds of not less 
than $10,000; in the event suit is brought and the defendants attempt to 
have case removed to the Federal courts commission may immediately cancel 
contract and sue on bond; cash deposits shall be returned to unsuccessful 
bidders, but if company fail to enter into contract after being notified cash 
deposit shall be forfeited; books furnished shall be equal in all respects to 
specimens furnished; State superintendent shall keep samples in his oflBce 
and contractor shall furnish like samples to county superintendents to be 
kept in their offices. Commission shall not contract for books at a price above 
what same books are furnished to any other State, county, or school district ; 
State shall not be liable to any contractor ; all bids may be rejected and new 
bids advertised for. Contractor shall maintain one or more depositories in 
the State, two or more agencies in each county, and two or more in towns of 
upwards of 2,000 inhabitants; should contractor fail to meet demand. State 
may sue on his bond and county superintendent may bring suit for damages ; 
commission may make any regulations necessary for the prompt execution 
of contracts; books adopted shall be used to exclusion of all others; supple- 
mentary books and books in higher branches may be used ; violation of pro- 
visions of this law made a misdemeanor ; teaching other books or demanding 
more than contract price made a misdemeanor and finable ; commission shall 
keep journal; it can not extend contracts; members shall not accept or re- 
ceive from publisher employment, retainer, or gifts except books for inspection ; 
exchange price of all books shall not exceed 50 per cent of retail contract 
price; commissioners shall receive $5 per day when actually employed, not 
to exceed 30 days, and mileage; in case contractor fails to furnish books, 
his bond shall be declared forfeited and commission may make other con- 



K (C). UNIFORMITY OF TEXTBOOKS. 6l7 

tracts; commissioner shall be disqualified to vote on contracts if a relative is 
employed by any school-book company ; commission shall not change more 
than 25 per cent of books in use at any regular State adoption. 
See also A (c2), County ofllcers. 

Missouri: In counties vrhere there is a county board of education such board 
shall constitute the county textbook commission ; in other counties said com- 
mission shall be composed of county superintendent and two teachers, ap- 
pointed, one by the county court and one by the State board of education, 
appointive members to hold office for two years. Superintendent shall be 
president and one of other members shall be elected secretary ; meeting shall 
be held annually and special meetings may be called by president or by other 
two members; members not receiving salaries shall receive $5 per day and 
actual expenses. Said commission shall adopt from the authorized State 
list a uniform series of textbooks for the schools of all the districts of the 
county, except that in cities having more than 1,000 children of school age 
and in towns having high schools afiQliated with the State university the 
directors of said cities and towns may adopt books from the aforesaid list. 
No publisher shall offer for sale any book in the State imtil he has filed a 
copy of the book with the price thereof in the ofllce of the State superin- 
tendent and has entered into agreement to furnish books at as low a price as 
they are sold elsewhere under like conditions. Before offering for sale any 
textbook publisher shall pay a fee of $10; such fee shall be used to pay 
expenses of filing, printing lists, etc. ; publisher shall give bond for not less 
than $2,000, nor more than $10,000. State superintendent shall annually, in 
January, furnish county superintendents lists of publishers who have con- 
formed to the requirements of this act. Before seeking to make a contract 
with any county textbook commission or board of directors, publisher shall 
furnish county superintendent or clerk of district board a duplicate list of 
the books and prices filed with the State superintendent. County commission 
shall adopt textbooks for all subjects that may be taught in the public schools 
of their respective counties; adoptions shall be for five years. Where county 
court does not purchase books and sell them to pupils at cost, publisher shall 
furnish books to dealers at net contract price, and no dealer shall sell at 
more than 15 per cent in advance of net contract price. A reasonable ex- 
change price shall be provided in contracts. Misdemeanor to use other than 
adopted books ; any commmission or board of directors who shall attempt to 
change any book before the expiration of the contract, or any person who shall 
connive to secure such change, shall be guilty of a misdemeanor. Supplementary 
books may be furnished at the expense of the district; boards of directors 
may purchase books for indigent pupils. Boards of directors of cities and 
towns exempt from county uniformity may adopt and contract for books in 
the same general manner as provided for the adoption of books by the county 
commission. Publisher shall file with State superintendent a sworn statement 
that he has not entered into any agreement to fix or control prices ; he shall 
also file a sworn statement as to the ownership of the publishing house repre- 
sented; if said statements should be found untrue, or if publisher should 
enter into any agreement to control prices, attorney general shall sue to re- 
cover on bond and to annul contract. 
See also K (b), Free textbooks. 

Montana: Textbook commission of seven members, five of whom shall be 
actively engaged in school work, shall be appointed by governor; term, five 
years. Five members shall constitute a quorum; all votes on adoption of 



618 STATE LAWS EELATING TO PUBLIC EDUCATIOlT. 

books shall be recorded with names voting for and against; meetings shall 
be open to public ; commission shall report to governor before meeting of 
legislature. Meeting shall be held in January in odd-numbered years and 
October in even-numbered years. Changes shall not be made in more than 
three texts in any one year. Special meetings may be called to enter into 
contracts when former contracts cease to be in full force and effect and to 
adopt supplementary books when needed. Session of commission shall 
not continue longer than six days. For 30 days from November 1, 1916, 
State superintendent shall advertise that commission will meet in following 
January to receive proposals for supplying such basal and supplementary 
textbooks as are desired to be changed for a period of six years after Sep- 
tember 1, 1917. Commission shall contract for textbooks in the branches 
required to be taught in public schools. Publishers shall submit sealed pro- 
posals stating prices o^books, including exchange prices, and books shall be 
kept on sale at at least one place in each county. Commission shall enter into 
contract with publishers for necessary books and contracting publishers shall 
give bond in amount equal to one-half the value of books to be furnished, con- 
ditioned on the faithful performance of the contract. Contract price for books, 
allowing difference for freight, shall not exceed the lowest wholesale price 
charged for same books in any other State. Noncompliance of publishers with 
contract constitutes forfeiture ; so long as contract is complied with adoptions 
shall be for not less than five years. When publishers have filed their bonds 
State superintendent shall have price lists printed and distributed through 
county superintendents to trustees; county superintendents shall notify State 
superintendent of violations of contracts. School officers shall use books 
adopted by State commission and shall report annually the textbooks used. 
On petition of five legal voters in districts other than in incorporated cities 
and on petition of 100 legal voters in incorporated cities, towns, and villages 
school board shall give notice that at next election of trustees question of 
supplying free textbooks shall be voted upon; if majority favors, trustees 
shall furnish textbooks to all pupils of public schools at expense of district ; 
special tax in such district shall be levied for such purpose by county com- 
missioners. State textbook commissioners shall each receive $6 per diem and 
traveling expenses while on duty. 

Nebraska: See K (b). Free textbooks. 

Nevada: State textbook commission shall consist of the State board and of 
four additional members appointed by the governor; appointees shall be 
persons actually engaged in school work, term four years, and shall take 
constitutional oath; governor shall be ex officio president, and State superin- 
tendent ex officio secretary of the commission ; majority of entire commission 
shall be required to take action ; meetings of commission shall be public, and 
secretary shall record name and vote of each member ; commission shall meet 
every four years, but special meetings may be called by secretary upon re- 
quest or with consent of three members; commission shall adopt a uniform 
series of textbooks for exclusive use in all public schools; no session of com- 
mission shall extend beyond 10 days. The secretary of commission shall 
notify the various publishers of textbooks whose names shall have been filed 
with him of the meeting of the commission, and that sealed bids for said 
textbooks may be submitted. Textbooks shall be adopted in following 
branches: Reading, grammar, arithmetic, geography, history of the United 
States, physiology and hygiene, writing, spelling, drawing, music, and shall 
approve other books for supplemental use; sealed proposals shall include 
statement of the introductory and exchange prices of said books. Textbooks 



K (c). UNIFORMITY OP TEXTBOOKS. 619 

on geoi^rapliy shall contain a special map and supplement descriptive of Ne- 
vada. All books adopted shall be equal in every way to the samples submit- 
ted, and of latest revised edition. Publishers shall give bond to faithfully 
carry out their contracts ; forfeited bonds shall be paid into State distributive 
school fund. State superintendent shall send price list of adopted books to 
all school officials. Any teacher or school officer requiring or permitting the 
use of other than adopted textbooks shall be guilty of a misdemeanor. Ap- 
pointive members of commission shall receive $5 per day for not more than 
10 days, and traveling expenses. 

See also A (d). District boards and officers. 

New Hampshire: See A (d), District boards and officers. 

New Jersey: See A (f), Administrative units — districts, etc. 

New Mexico: There shall be a uniform system of textbooks for the public 
schools which shall not be changed more than once in six years. The State 
board of education shall adopt a uniform system of textbooks, and only the 
books so adopted shall be used in any of the first eight grades of the public 
schools ; said board may contract with publishers for such books, and arrange 
for the purchase and delivery of the same. A history and civics of New 
Mexico shall be prepared by a known historian of the State, and shall be sold 
at no more than $1 per volume. The history and civics of the United States 
and of New Mexico shall be taught in the public schools; physiology and 
hygiene shall be taught in all the public schools. 
See also A (bl), State boards. 

New York: School authorities in cities and union free-school districts shall 
designate textbooks to be used in the schools therein; in common-school dis- 
tricts, designation by two-thirds vote of legal voters present and voting at an- 
nual school meeting. In cities and union districts, books designated shall not 
be changed within five years except by three-fourths vote of body which desig- 
nated such books; books designated in common-school districts shall not be 
changed except by three-fourths of voters present and voting at an annual 
meeting. Any violation of this law is punishable by fine of not less than $50 
nor more than $100, to be paid into school fund of the district. Voters of any 
union free-school district may, by a majority vote, at annual or special meet- 
ing called for the purpose, purchase and furnish free textbooks to pupils. 
See also A (d). District boards and officers. 

North Carolina : State board of education shall be State textbook commission ; 
such commission may make regulations not inconsistent with law ; commis- 
sion shall maintain its organization during five years contracts are in force; 
books adopted shall be common-school branches and shall be used exclusively 
in the public schools, but supplementary books may be used ; teacher may 
be dismissed for using other books than those adopted, but if no contract is 
made or if contractor fails to supply books, they may be obtained elsewhere. 
Governor and State superinteiideut shall appoint a subcommission of six 
members — teachers or county superintendents — who shall receve $4 per day 
each and expenses; member of subcommission shall take oath to perform 
duties, and that he is not, nor has not been within two years, employed by 
any book or publishing company. To subcommission shall be submitted all 
specimen copies of books, and such commission shall report, ranking those 
in each branch as first choice, second choice, etc. ; such report shall be kept 
sealed until joint meeting of commission and subcommission in executive 
session, when books shall be adopted. Commission shall, within six months 
prior to expiration of contracts, advertise for bids; when submitting bid, 



620 STATE LAWS RELATING TO PUBLIC EDUCATION. 

bidder shall deposit $500 to $2,500, according to number of books proposed 
to be furnished, and such deposit shall be forfeited if bidder fails to execute 
contract as proposed; commission may reject all bids, readvertise, and pro- 
ceed to new investigation. Manuscripts and unprinted books may be adopted, 
but State shall not be bound for the publication of such manuscripts or 
unprinted books. No book shall be sold in the State at a price in excess 
of the price at which such book is sold elsewhere under like conditions, and 
in such case commission shall sue on bond of contractor and recover dif- 
ference. At time of execution of contract contractor shall enter into bond 
of not less than $10,000, conditioned upon faithful performance of contract; 
cash deposit shall be returned when bond is executed. Prices shall be printed 
on books. There shall be maintained in each county one or more agencies 
for distribution of books as commission, on recommendation of county board 
of education, may determine; contractors shall maintain one or more State 
depositories. 

North Dakota: See K (b), Free textbooks. 

Ohio: See A (f), Administrative units — districts, etc. 

Oklahoma: The State board of education may adopt a uniform series of text- 
books, registers, records, maps, charts, globes, and other apparatus for use 
in common schools; series so adopted shall include all studies taught up to 
and including twelfth grade; none of said books shall contain anything of 
partisan or sectarian character ; bidders shall state price at which books are 
offered as basic books or as supplementary books; supplementary books 
shall not supplant basic books; private schools may purchase adopted books 
at same price at which they are furnished to common schools. State board 
shall advertise for sealed bids for books and supplies; each bid shall be 
accompanied by prices and samples; each bidder shall deposit with State 
treasurer a sum of $500 to $2,500, according to value of books and supplies 
offered for adoption. No publishing firm belonging to any trust to control 
prices shall be allowed to submit bids, and any contract with a publishing 
firm may be declared null and void if said firm shall enter into such com- 
bine after books or supplies of said firm have been adopted. No member of 
State board shall have any interest in books or supplies submitted for adop- 
tion. State treasurer shall return deposits to bidders who have made con- 
tracts and given bond to supply textbooks and supplies and to unsuccessful 
bidders; deposits of those bidders whose books or supplies shall have been 
adopted and who fail to make contract and give bond shall be forfeited 
to State school fund. All books adopted shall be printed in the English 
language, except those for teaching any foreign language. Books in use 
in schools may be exchanged for adopted books at not less than 50 per cent 
of contract price; period of exchange shall be one year after adoptions are 
made. Each bidder who shall receive a contract shall furnish a bond for 
$10,000, approved by governor; such bond may be sued on from time to 
time until exhausted, and State board may require bidder to furnish new 
bond. No State official shall represent any textbook company, firm, or cor- 
poration. Literary merits and historical accuracy shall be main points 
considered in adoption of textbooks; books supplied shall be equal to sam- 
ples; contract and exchange price of each book shall be printed on back of 
book. State board shall make no contract for books at a price higher than 
that charged for such books anywhere else in United States under like con- 
ditions of distribution; prices shall be reduced in Oklahoma when books 
and supplies are sold elsewhere for less than Oklahoma contract prices. Any 
publisher who shall seek to procure change in any adopted book before 
expiration of contract shall be guilty of a misdemeanor. No school authori- 



K (C). UNIFOEMITY OF TEXTBOOKS. 621 

ties shall purchase unauthorized supplies. Any contract may be terminated 
by State when textbook law is amended or repealed; State board, by majority 
vote, may discontinue use of unsatisfactory books or supplies at end of any 
year during contract ; the State may cancel any contract for fraud or other 
good cause. State board may reject all bids and readvertise for others. Con- 
tractors shall place books and supplies at such places in the several counties 
as the State board may designate; books shall be sold to consumer at prices 
fixed by State board. Upon adoption of books and supplies by State board, 
the governor shall issue proclamation to that effect; State superintendent 
shall send price lists of books and supplies adopted to various school oflScials. 
The charge of illegal prices for books shall constitute a misdemeanor. School 
officials shall report needed books and supplies to county superintendents, 
who shall annually make requisition for the same. Adopted books and 
supplies shall be used exclusively. Any trustee who shall prevent or aid in 
preventing use of adopted books or supplies shall be guilty of a misdemeanor. 
State board may, if prices of books offered for adoption are unreasonable, 
provide for printing such books ; may secure manuscripts, contract with 
printing establishments, lease copyrights, pay royalties; cost of any book 
so produced shall not exceed price of any standard book of like character. 
No member of State board shall receive any favor for his vote in adoption 
of books and supplies. All business concerns handling books and supplies 
shall submit statements of their standing. 

See also A (bl). State boards. 
Oregon: In January every four years the governor shall appoint five text- 
book commissioners. In February every six years State superintendent 
shall give notice to leading publishers of time and place of meeting of State 
board of textbook commissioners, form of bid to be submitted, etc. Board 
shall meet in June every six years for not exceeding 15 days, exclusive of 
Sundays; four members a quorum. Board shall adopt books for all the 
public schools for six years ; sessions shall be public ; adoptions shall be for 
all branches specified in the State courses of study; three votes necessary 
for adoption. Bidders' proposals shall name exchange, introductory, and 
retail prices. Board may reject any or all proposals and receive new pro- 
posals; bidder must furnish board with a copy of textbook 60 days before 
meeting. Textbook commission shall report adoptions to State board of 
education. State board of education shall contract with publishers whose 
books are adopted and shall require a bond to be determined by said board ; 
if publisher fails to comply with contract, said board may rescind the same 
or sue on bond. State superintendent shall issue circular of information 
regarding books adopted and furnish the same to county superintendents to 
supply school officers. If contract should be terminated for any cause, com- 
mission shall make new adoption. In a district maintaining a high school, 
the board of directors shall adopt textbooks necessary to complete branches 
added to those specified in the State high-school course ; directors shall con- 
tract with publisher, who shall furnish books at contract price and main- 
tain at least one depository in such district. Adopted textbooks, and none 
others, shall be used; teacher not using adopted books shall be deemed to 
have violated his contract; any taxpayer may sue to compel district board 
to comply with this act. Contractor with State shall maintain at least one 
State depository. Each member of commission and the secretary shall re- 
ceive $100 for each required meeting and 10 cents per mile traveled to and 
from meeting. 

See also A (bl). State boards; A (f), Administrative units — districts, etc.; 
N (a), High schools, 



622 STATE LAWS EELATIE-Q TO PUBLIC EDUCATION. 

Pennsylvania: See A (d), District boards and officers. 

Rhode Island: See A (b2). State officers; A (d), District boards and officers. 

South Carolina: See A (bl), State boards; A (b2), State officers; A (f), 
Administrative units — districts, etc. 

South Dakota: The county board of education for the purpose of selecting 
textbooks for each county shall consist of the county superintendent, presi- 
dent of board of education of each city or town, county auditor, State 
attorney, the board of county commissioners, and one person from each com- 
missioner district selected by the members of the school boards thereof. 
County board shall meet every five years and adopt textbooks for the public 
schools of the county, but the board of education of a city or town may 
adopt additional books. Said board shall advertise for bids and in adopt- 
ing books shall take into consideration both price and quality; no book 
shall be adopted at a higher price than that for w^hich it was sold anywhere 
else during the previous year. At end of school year county superintendent 
shall i'eport to board as to the operation of book contracts. Board shall 
designate a depository for each school corporation where books shall be sold 
for not over 10 per cent above contract price. Whenever the State shall 
publish a sufficient number of textbooks used in the public schools to supply 
the schools of any county, on notice by the governor the contract for such 
book in such county shall terminate and the county commissioners shall 
forthwith supply all the schools of such county with the books printed by the 
"State. County board shall supply each school with a list of books adopted 
with prices. On petition of a majority of the electors of any school corpora- 
tion, the school board thereof shall furnish books free to pupils, such books 
to remain the property of the school corporation. Books adopted for a period 
of five years. Misdemeanor for a teacher or superintendent to receive any 
emolument from publishers for aid in securing the adoption of books. 

Tennessee: The governor, State superintendent, and three members of State 
board of education to be named by governor for term of five years shall con- 
stitute a State textbook commission to adopt a uniform series of textbooks 
for the public schools. Said commission shall appoint a subcommission of 
five teachers or city or county superintendents to whom shall be referred all 
specimen copies of books offered for adoption; such subcommission shall 
examine books and report to commissioa their first choice, second choice, etc., 
for each subject. Commission shall also examine books and shall give " due 
consideration and great weight " to report of subcommission. Commission 
shall advertise for bids and bidders shall be required to make cash deposit 
of $500 to $2,500, according to number of books offered, which deposit shall be 
forfeited if bidder fails to execute contract and bond as required. Publisher 
on executing contract shall give bond for not less than $10,000 nor more 
than $30,000, conditioned on performance of the contract for books at a price 
not greater than that for which such books are sold outside the State, and 
publishers shall agree in contract not to sell books at a lower price elsewhere 
under like conditions ; difference between contract price and lower price else- 
where shall be recovered on contractor's bond by commission. Publishers 
shall also submit prices at which old books may be exchanged. Any or all 
bids may be rejected and new bids advertised for. Manuscripts may be 
considered. Governor shall issue proclamation announcing adoptions when 
made. Contractors shall maintain depository in each of the three grand 
divisions of the State, and in each county not less than one nor more than 
four agencies sball be maintained if deemed advisable by commission. State 



K (C). UNIFORMITY OF TEXTBOOKS. 623 

superintendent shall aimoiince books adopted to county superintendents and 
such books shall be used exclusively in public schools. Members of subcom- 
mission shall each receive $4 per diem and necessary expenses for not ex- 
ceeding 60 days. 

Texas: Presidents of College of Industrial Arts and of State University and 
the State superintendents shall nominate 30 teachers of recognized standing, 

- from which number the governor shall appoint nine; these with governor and 
State superintendent shall constitute State textbook board ; such board shall 
adopt a series of textbooks for public schools ; supplementary books shall also 
be adopted ; all contractors to furnish books shall maintain depositories within 
the State; one or more agencies shall be established in every county having 
an enrollment of '500 or more, one such agency to be at county seat, and in 
other counties contractors shall furnish books under such rules as State 
board of education may prescribe. Attorney general shall bring suit on bond 
of contractor for failure to comx>ly with contract. Books adopted shall be 
used exclusively. State shall not be liable to any contractor ; it may at its 
option cancel any contract for breach of said contract ; contractors shall desig- 
nate secretary of state as their agent for *the purpose of the service of writs 
and processes. The presidents of the College of Industrial Arts and the 
State University and the State superintendent shall constitute a board of 
revision ; such board shall have power, after giving one year's notice, to order 
a revision of any textbook. 

Utah: State texthooh commission. — State superintendent, president of Uni- 
versity of Utah, president of agricultural college, principal of State normal 
school, and five persons appointed by the governor, three of whom shall be 
superintendents ; term of appointive members five years. Commission shall 
meet at call of superintendent and adopt textbooks for both elementary and 
high schools for a period of five years, but for sufficient cause a book may 
be changed at a special convention called by superintendent. Sealed proposals 
by publishers shall be accompanied by samples and price lists; publishers 
whose proposals are accepted shall enter into contract and give bond as fixed 
by commission for faithful performance. Misdemeanor for school officer or 
teacher to act as agent for books or apparatus; misdemeanor for any school 
officer to receive a bonus for introducing book; misdemeanor for district 
trustees to fail or refuse to introduce books adopted. 

See also A (f ), Administrative units — districts, etc. ; N (a), High schools. 

Vermont: See K (b), Free textbooks. 

Virginia: See A (bl), State boards. 

Washington: Relative to adoption of textbooks, school districts shall be 
divided into two divisions; first division shall consist of all districts main- 
taining a four-year accredited high school ; every other district shall belong to 
second division. Textbooks for public schools of first division shall be se- 
lected by textbook commission of each such district; said commission* shall 
consist of five persons, including city superintendent, or, if there be none, 
then principal of high school, as ex officio chairman, and two members of 
board of directors, to be designated by said board, one to act as secretary of 
commission, and two legally qualified teachers of district, to be appointed by 
board of directors. Each member of said commission shall serve one year 
and shall take oath of office; said commission shall adopt and fix price of 
books for public schools of district in required course of study and in sub- 
jects required by law to be taught ; such adopted books shall not be changed 
within three years from date of introduction; supplementary or additional 



624 STATE LAWS RELATING TO PUBLIC EDUCATION. 

books may be adopted by such commission from time to time. Said com- 
mission shall advertise for bids for supplying textbooks. Superintendent or 
principal of each school in district of first division shall prepare, under direc- 
tion of board of directors, a course of study, which shall be submitted to 
superintendent of public instruction for his approval. County board of edu- 
cation of each county shall advertise for bids for textbooks for districts of second 
division and shall adopt and fix price of textbooks for such districts ; period 
of adoption, five years; may adopt additional and supplementary books at 
any time. Superintendent of public instruction shall prescribe a uniform 
course of study for schools of second division. Publishers shall deposit with 
superintendent of public instruction copies of adopted books. Whenever any 
adopted book is sold at a higher price than contract retail price, county 
superintendent shall furnish such book to schools of district where such 
overcharge is made at contract price, and shall return proceeds of sale 
to publishers after deducting transportation charges. Each member of text- 
book commission in districts of first division shall receive $3 per day for 
time actually employed, paid from funds of school district. Joint districts 
of the second division shall be, for purpose of adoption of textbooks, under 
jurisdiction of county board of county in which schoolhouse of such district 
is located. 

See also A (cl). County boards; A (d), District boards and officers; B (a), 
General State finance and support. 
West Virginia: State textbook commission shall consist of State superin- 
tendent of free schools, who shall be ex officio secretary, and eight citizens 
of State, at least five of whom shall be experienced educators actively en- 
gaged in educational work, and not more than five of whom shall belong to 
same political party, appointed by governor to serve five years; appointees 
shall receive $5 and expenses for each day officially engaged ; members shall 
take oath or affirmation that they are not interested in the preparation, 
manufacture, or sale of books that may be submitted to commission for 
consideration. Said commission shall meet every fifth year at office of State 
superintendent, and shall ask various publishers to submit samples and prices 
of textbooks on subject required to be taught in free schools, viz, spelling, 
reading, writing, arithmetic, language and grammar, physiology and hygiene, 
civil government, State history. United States history, general history, book- 
keeping, geography, elementary algebra, plane geometry, elements of agricul- 
ture, literature, drawing, and English dictionaries, and such other subjects 
as the board may determine. All bids or proposals shall be under seal, to be 
opened in presence of commission; each bid must be accompanied by speci- 
men copies of books; each bidder must make a deposit of from $1,000 to 
$3,000 with State treasurer, according to number of books submitted; such 
deposit shall be forfeited to State school fund if bidder shall fail or refuse 
to make and execute contract and bond in case of acceptance of such bid ; 
publishers shall designate agents residing in the State upon whom process 
may be served in any action brought against such bidder. Said commission 
shall adopt textbooks for uniform use in free schools, except as otherwise 
provided ; no book inferior in quality or of a partisan or sectarian character 
shall be adopted, nor shall any book be adopted by less than five votes; no 
book shall be changed at expiration of five-year contract except by six votes ; 
subject matter, printing, binding, and suitableness of books shall be consid- 
ered as well as price of books. Chairman of said commission shall execute 
contracts with successful bidders for period of five years; contractors shall 
file bond in sum of not less than $10,000 ; deposits, other than those forfeited, 



K (C). UNIFOKMITY OF TEXTBOOKS. 625 

shall be returned to bidders. Said commission shall fix retail prices of 
adopted books; retailers' profits shall not exceed 20 per cent of contract 
price; State superintendent shall send county superintendents price lists of 
books; any person who sells such books at price higher than that fixed by 
commission shall be guilty of a misdemeanor, punishable by fine of not less 
than $10 nor more than $50. State superintendent shall keep specimen 
copies of adopted books on file. Each contractor shall place adopted books 
with dealers in at least three magisterial districts in each county ; shall allow 
not less than 50 per cent of retail price of new books for old books displaced ; 
exchange period shall cover one year. Supplementary readers and advanced 
books may be used in schools without being adopted by commission, but 
shall not displace adopted books. Boards of education in cities and inde- 
pendent districts containing 3,500 population or more may reserve right to 
select their own books. Contractors shall, when like conditions prevail, re- 
duce prices of books in this State when prices of such books are made lower 
elsewhere. Contractors shall supply county superintendents with price lists 
and exchange price lists of books, to be distributed to the schools. Any 
member of said commission who shall receive, solicit, or accept any favor 
for his influence in adoption of books, or any person who bribes or attempts 
to bribe such member, shall be guilty of a felony, punishable by imprison- 
ment for not less than one nor more than three years. No school ofiicer or 
teacher of any free school shall act as agent for textbooks or school supplies 
or receive any favor whatever for use of the same in such school ; violation 
of this provision shall constitute a misdemeanor, punishable by fine of not 
less than $50 nor more than $100. 
AVisconsin: School board shall select textbooks, make list of such books, file 
copy thereof with clerk, and keep copy of such list posted in schoolhouse; 
textbooks when so adopted shall not be changed for period of three years. 
Board of education in any city shall select textbooks; when textbooks have 
been so adopted, except in cases when free textbooks are furnished, they 
shall not be changed for three years; such changes, except as to free text- 
books, shall be approved by city council ; board of education may purchase 
textbooks, and loan or furnish them to pupils ; no sectarian book shall be used 
in public schools. Every member of any school board who shall order a 
change of such textbooks within three years shall forfeit $50. 

Whenever at any annual county school board convention the question of 
adopting county or district uniform textbooks shall be voted upon, the vote 
shall be taken by districts, each district to have one vote; if such question 
shall carry, said convention shall elect a county board of education for such 
county or superintendent district, composed of five persons, except as other- 
wise provided, said persons to serve four years; three i>ersons shall compose 
such board whenever it is impracticable to secure five of proper qualifications ; 
each member of board shall have had five years' experience in teaching. No 
member shall have any financial interest in textbooks; members shall take 
oath of office; majority vote of entire board shall be necessary to adopt or 
change textbooks; board shall meet annually, and at any other time upon 
written request of three members of board ; said board shall meet every fourth 
year and adopt uniform series of textbooks ; books so selected shall be used 
in all districts of the county, except in cities maintaining a free high school 
and in State graded schools of first class, and shall include branches required 
by law to be taught in district schools ; no such book shall contain partisan 
or sectarian matter; adopted books shall remain in use until displaced or 
3966°— 15 40 



626 STATE LAWS RELATIXG TO PUBLIC EDUCATION. 

replaced, but no book sball be cbauged within five years from date of adoi> 
tion ; use of such adopted boolvs shall be optional with districts now furnishing 
free textbooks, but wlien change is made in such books, adopted books must 
be used. State graded schools may, by unanimous vote of school board, adopt, 
in lieu of uniform series selected by county board, the uniform series of books 
adopted for use in grades of the nearest city school system. County board, in 
adopting textbooks, shall consider material used, illustrations, binding, price, 
and all other things desirable in textbooks, but merit shall be main point. 
School districts or county boards may select supplementary books, but such 
books shall not be used to the exclusion of adopted books. The county board 
shall properly advertise for books when same are to be adopted; shall 
require prices and samples of book; shall require contractors to give bond; 
shall arrange for depositories. Depositories shall furnish bond; shall re- 
ceive old books in exchange at exchange prices agreed upon; shall accept 
books on uniform list at reasonable price from people moving out of county. 
A joint district shall, for purposes of this chapter, be under jurisdiction of 
county board of county in which schoolhouse of such district is located. 
Provisions of this act shall not apply to districts and cities maintaining a 
free high school, or State graded schools of first class, or to districts maintain- 
ing independent high schools, or grades above eighth grade in graded schools, 
nor to private or parochial schools, but such schools may avail themselves of 
such provisions if they so desire. Members of county board shall be paid ex- 
penses officially incurred, to be paid out of county funds. 

See also A (c2), Couuty officers; A (d). District boards and officers. 
Wyoming: See A (d). District boards and officers; Appendix A: State consti- 
tutional provisions relating to public education. 



L. SUBJECT MATTER OF INSTRUCTION. 



(a) General; Course of Study. 

Alabama: Examinations of pupils shall be held at least once a year; certifi- 
cates issued for proficiency. 

See also A (f), Administrative units — districts, etc.; E (b). Teachers' cer- 
tificates, general. 

Arizona: See A (bl), State boards; A (b2), State officers; A (e2), County 
officers; A (d), District boards and officers; E (b), Teachers' certificates, 
general. 

Arkansas: See A (bl). State boards; A (b2), State officers; A (c2). County 
officers; A (f), Administrative units — districts/ etc.; K (c). Uniformity of 
textbooks. 

California: Course of study shall embrace eight years of instruction in 
branches required by law and may include not more than two years of 
kindergarten woriv ; children 6 to 21 years old shall be admitted and adults 
may be admitted; where kindergartens are established children shall be 
admitted at 4 years old; children may be admitted to classes for the deaf 
at 3 years old. School board may exclude vicious children and those having 
communicable diseases; separate schools may be established for Indians, 
Chinese, or Mongolians; course of study for evening schools shall embrace 
eight years of instruction in subjects permitted by law to be taught ; evening 
schools shall be open to persons 14 years old and over and to children having 



L (a). COUESE OF STUDY. 627 

worli permits. Public schools, other thau those supported exclusively by the 
State, shall be day and evening elementary, and day and evening secondary ; 
no teacher shall be employed if the certificate held is of a grade below the 
school to be taught, but holders of primary certificates may teach first six 
grades and holders of kindergarten certificates having had one year in a 
State normal school or one year elementary teaching may teach first ele- 
mentary grade; county board of education shall before July 1 prescribe 
course of study for all day and evening elementary schools, except for those 
in incorporated cities; county board shall provide diplomas for graduates 
of elementary schools, blanks therefor to be furnished by State superin- 
tendent ; subject to law prescribing studies, county board may amend course 
of study. All schools shall be taught in the English language. School board 
in cities of first and first and one-half classes shall establish at least one 
cosmopolitan school for instruction in French, Spanish, Italian, and German. 
School boards may authorize other studies in lieu of those prescribed by 
law, but not in addition thereto. Instruction shall be given in manners and 
morals and in the nature of alcoholic drinks and narcotics. Physical exer- 
cises shall be given. No sectarian or partisan instruction shall be given; 
district allowing such instruction shall forfeit its share of State and county 
funds. No school shall be kept in session more than six hours a day and 
no child under S years old shall be kept more than four hours. 

See also A (c2). County officers; A (d), District boards and officers; F (a). 
Teachers' contracts, duties, etc. 

Colorado: See A (d), District boards and officers; E (b), Teachers' certifi- 
cates, general. N (a), High schools. 

Connecticut: See A (d). District boards and officers. 

Delaware: See A (bl), State boards. 

Florida: The uniform system of public schools shall consist of 12 school years, 
exclusive of kindergartens, normals, colleges, and universities. Each school 
year shall be a grade, and no official course of study shall recognize less 
than eight months ; first two grades shall be primary ; third to sixth, inter- 
mediate ; seventh and eighth, grammar grades ; ninth and tenth, junior high 
school ; eleventh and twelfth, senior high school. In the primary, interme- 
diate, and grammar grades instruction shall be given in subjects prescribed 
by law, and as may be provided for in the county course of study. In high 
schools instruction shall be given in studies prescribed in course of study 
prepared by State superintendent and a committee appointed by him. 

See also E (b), Teachers' certificates, general; K (c). Uniformity of text- 
books. 

Georgia: See A (bl), State boards; E (b). Teachers' certificates, general; 
K (c), Uniformity of textbooks. 

Idaho: State superintendent shall prepare questions and county superintend- 
ents shall examine all applicants for eighth-gi*ade diplomas; pupils entitled 
to pass must make general average of 85 per cent and not fall below 70 per 
cent in any subject; Class A independent districts shall be exempted from 
this section. 

See also A (bl), State boards; A (f). Administrative units — districts, etc.; 
E (b). Teachers' certificates, general. 

Illinois: Public schools shall be for instruction in the branches prescribed in 
the qualifications for teachers and in such special subjects as the board of 
directors or voters of the district may prescribe. 

See also A (d), District boards and officers; E (b). Teachers' certificates, 
general. 



628 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Indiana: The Bible shall not be excluded from the public schools. As nearly as 
possible all schools of a township shall be taught for the same length of 
term, but township trustee or trustees of an incorporated town may extend 
high-school term to that required by law for commissioned high schools. 
Township trustee or trustees of any town or city may organize separate 
schools for colored children, but if no such schools are provided, said children 
may attend schools for white children. Branches required to he taught in 
common schools: Spelling, reading, writing, arithmetic, geography, English 
grammar, physiology, United States history, good behavior, and such other 
branches as trustees may direct ; when the parents or guardians of 25 or more 
children in attendance shall so demand, trustees shall introduce the German 
language; the nature of alcoholic drinks and narcotics shall be taught in all 
schools and educational institutions supported wholly or in part by the State. 
See also A (e), School meetings, elections, etc.; E (b). Teachers' certifi- 
cates, general; K (c). Uniformity of textbooks; N (a), High schools. 

Iowa: See A (b2), State officers; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; E (b), Teachers' certificates, general. 

Kansas: See A (f), Administrative units — districts, etc.; E (b), Teachers' 
certificates, general. 

Kentucky: See A (bl). State boards; A (d). District boards and officers; 
A (f), Administrative units — districts, etc.; E (b), Teachers' certificates, 
general. 

Louisiana: See A (bl), State boards; A (cl), County boards; A (d), District 
boards and officers. 

Maine: See A (b2). State officers; A (d), District boards and officers. 

Maryland: See A (c2). County officers; H (c), School year, month, day, etc. 

Massachusetts: Every city and town shall maintain, for at least 32 weeks in 
each year, a sufficient number of schools for the instruction of the children 
therein, except that In towns whose assessed valuation is less than $200,000 
the required period may, with consent of State board of education, be 
reduced to 28 weeks. Such schools shall be taught by teachers of competent 
ability and good morals, and shall give instruction in orthography, reading, 
writing, the English language and grammar, geography, arithmetic, drawing, 
the history of the United States, physiology and hygiene, and good behavior ; 
bookkeeping, algebra, geometry, one or more foreign languages, the elements 
of natural sciences, kindergarten training, agriculture, sewing, cooking, vocal 
music, physical training, civil government, ethics, thrift, and such other 
subjects as the school committee may determine may be taught in the public 
schools. Instruction may be given in the public schools in the application 
of surgical remedies in cases of emergency and the principles of first aid to 
the injured. Special instruction shall be given as to the effects of alcoholic 
drinks and narcotics on the human system, and as to tuberculosis and its 
prevention, to all pupils in all schools which are wholly or partly supported 
by public money, except in schools maintained solely for instruction in par- 
ticular branches. 

See also A (d), District boards and officers. 

Michigan: See A (b2). State officers; A (c2), County officers; A (f), Adminis- 
trative units — districts, etc.; Q (b). Agricultural colleges. 

Minnesota: See A (b2), State officers; A (f), Administrative units — districts, 
etc.; B (e), State aid for elementary education; E (b), Teachers' certificates, 
general. 



L (a). COURSE OF STUDY. 629 

Mississippi: See A (bl), State boards; A (e2), County officers; E (b), 
Teachers' certificates, general; K (c), Uniformity of textbooks. 

Missouri: See A (c2), County officers; E (b), Teachers' certificates, general. 

Montana: See A (d), District boards and officers; E (b), Teachers' cer- 
tificates, general. 

Nebraska: See E (b), Teachers' certificates, general. 

Nevada: Public schools shall include all elementary schools, and all district 
and county high schools. An elementary school is one in which no work 
beyond the eighth grade shall be given. A high school shall be one in which 
subjects above the eighth grade shall be taught according to the State course 
of study. The public-school year shall commence on the 1st day of July. 
A school month shall consist of four weeks of five days each, and teachers 
shall be paid only for time when actually engaged in teaching, but no 
deduction shall be made for any intermission of less than six days when 
same is ordered by trustees. No books or papers of a sectarian character 
shall be used in any public school nor shall any sectarian doctrine be 
taught. All public-school property shall be exempt from taxation. Physiology 
and hygiene shall be taught in all public schools. Every teacher shall give 
oral instruction at least once a month to all school children, relative to the 
preservation of song birds, fish, and game; teachers shall explain game 
laws to pupils. No school shall be kept open on January 1, May 30, July 4, 
the first Monday of September, December 25 of each year, nor on any day 
appointed by the President of the United States or the governor of Nevada 
as a holiday. All schools shall be kept open and observe with proper exer- 
cises February 12, February 22, Arbor Day, and October 31 of each year, 
if such days occur on school days. Schoolhouses may be used as polling 
places during school elections. Trustees shall provide suitable United States 
flags for school buildings. District attorneys shall give legal opinions to 
district trustees, and State attorney general to deputy superintendents, when 
requested and without charge therefor. Teachers in public schools and 
professors in the State university shall be exempt from jury duty while 
actually engaged in teaching. The county auditors shall keep a separate ac- 
count of the various school funds. Only teachers' salaries shall be paid from 
State school fund. Any county auditor or county treasurer failing in his 
duties under this act shall forfeit to the school fund $100, to be paid out of 
his salary. In cases of appeal not allowed to the State board, appeals from 
the decisions of deputy superintendents may be taken to the State superin- 
tendent. 

See also A (bl). State boards; A (d). District boards and officers; E (b), 
Teachers' certificates, general; K (c), Uniformity of textbooks. 

New Hampshire: See A (d), District boards and officers; C (c), Local 
taxation. 

New Jersey: See A (b2). State officers; A (f), Administrative units — dis- 
tricts, etc. 

New Mexico: There shall be taught in the public schools the following 
branches: Orthography, reading, writing, arithmetic, grammar, geography, 
the English language, and the history of the United States; the history and 
civics of the United States, with special reference to the history and civics of 
New Mexico, shall be taught in the public schools. State board of education 
is empowered to prescribe and adopt a course of study in industrial educa- 



630 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tiou for the public schools. Physiology and hygiene, with special reference 
to the effects of alcoholic drinks and narcotics, shall be taught in all public 
schools. 

See also A (bl), State boards. 

New York: See A (bl), State boards; A (d), District boards and officers. 

North Carolina: School system must be uniform and free to all persons 
between the ages of 6 and 21 years, but separate schools shall be provided for 
white, colored, and Indian children. Branches to be taught shall be spelling, 
reading, writing, arithmetic, drawing, language and composition, English 
grammar, geography, history of North Carolina and of the United States, 
elements of agriculture, elementary physiology and hygiene, and such other 
subjects as State board of education may prescribe. 

North Dakota: See A (b2), State officers; B (e), State aid for elementai-y 
education; E (b), Teachers' certificates, general. 

Ohio: See A (cl). County boards; A (f), Administrative units — districts, etc.; 
E (b), Teachers' certificates, general. 

Oklahoma: See A (bl), State boards; A (f), Administrative units — districts, 
etc.; E (b), Teachers' certificates, general; K (c), Uniformity of textbooks. 

Oregon: State superintendent shall not oftener than three times a year 
prepare questions for the examination of pupils completing the eighth grade ; 
certificates shall be issued to those passing examination and such certificate 
shall entitle holder to enter the ninth grade of any public school of the State. 
County superintendent may appoint four teachers who, with himself, shall 
constitute a board of examiners to grade papers. 

See also A (bl). State boards; A (c2). County officers; A (d), District 
boards and officers; A (f). Administrative units — districts, etc.; E (b), 
Teachers' certificates, general; F (a). Teachers' contracts, duties, etc.; G 
(c). County and local normal schools; K (c). Uniformity of textbooks. 

Pennsylvania: See A, (b2). State officers; E (b). Teachers' certificates, 
general; H (c). School year, month, day, etc. 

Rhode Island: See A (d). District boards and officers. 

South Carolina: See A (bl), State boards; A (cl), County boards; A (f), 
Administrative units — districts, etc. 

South Dakota: See A (d). District boards and officers; E (b). Teachers' 
certificates, general; F (a). Teachers' contracts, duties, etc. 

Tennessee: Public schools shall be free to all persons between 6 and 21 years 
old, but white and colored children shall be taught in separate schools; all 
schools shall be run as nearly as practicable for same length of term and at- 
tendance of not less than 10 pupils shall be maintained in each school. There 
shall be two classes of schools, viz, primary and secondary ; in addition to 
common branches, physiology and hygiene shall be taught in all public schools. 
State superintendent and commissioner of agriculture shall have prepared a 
work on the elements of agriculture and the same shall be taught in the 
public schools; course of study shall be graded by county superintendent 
under regulations of State superintendent; primary course shall consist of 
five years and secondary course of eight years, the first five years in each 
case being identical ; graduates of either primary or secondary school shall 
receive certificate from State superintendent. 

Texas: Branches required to be taught in public schools: Orthography, read- 
ing, writing, arithmetic, English grammar, geography, composition, physiology 
and hygiene, mental arithmetic, Texas history, United States history, civil 



L(a). COUBSE OF STUDY. 681 

gOYernment, elementary agriculture, and other branches as agreed upon by 
trustees or directed by State superintendent, but in districts of 300 or more 
school population school boards shall determine whether elementary agri- 
culture shall be taught. Boards of trustees of common and independent 
school districts levying local maintenance tax may prescribe such other 
studies as they see fit not contrary to law. Course of study is adopted for 
each county by the board of county school trustees in compliance with law 
and regulations prescribed by State superintendent of public instruction. 

See also E (b), Teachers' certificates, general. 
Utah: Within 30 days after the adoption of textbooks the State superintendent, 
principal of the State normal school, and five school superintendents to be 
appointed by State board of education shall meet and prescribe a course of 
study for the schools of the State not included in cities of first and second 
classes. 

See also A (f), Administrative units — districts, etc.; E (b), Teachers' 
certificates, general. 
Vermont: A town shall maintain for at least 28 weeks in a year sufficient 
number of schools for instruction of children legally attending public schools 
therein, and such schools shall be taught by teachers of competent ability 
and of good morals. Pupils shall be instructed in good behavior, reading, 
writing, spelling, English grammar, geography, arithmetic, free-hand drawing, 
history and Constitution of United States, and elementary physiology and 
hygiene, with special reference to effects of alcoholic drinks and narcotics 
on human system, and shall receive special instruction in the geography, 
history, constitution and principles of government of Vermont. Directors may 
provide for instruction in vocal music, physical culture, drawing, and the 
industrial arts and sciences by regular teachers, or may provide for such 
instruction by special teachers when authorized by the town. Memorial Day 
shall be observed in the public schools. School shall be conducted at such 
times and places as will give pupils equal advantages, so far as practicable. 
School board may. pay transportation of pupils or pay board of same at 
expense of town. Appeal may be taken from action of school board to the 
town or union district superintendent upon petition of five taxpayers ; on 
notice of such appeal, town or union superintendent shall fix time and place 
of hearing, and such superintendent, together with two referees, one ap- 
pointed by each party to the case appealed, shall hear such appeal; such 
superintendent may, with permission of town interested, request superin- 
tendent of another town or union to act in his stead. Board of directors may 
receive nonresident pupils into schools ; a child residing in vicinity of school 
of an adjoining town may, if he can be better accommodated, demand admis- 
sion to such school ; tuition shall be paid by town where such child resides, 
not greater than cost per pupil per week for maintenance of such school, 
but same shall not exceed $1 per week. A school performing nine years' 
work prescribed by superintendent of education for ungraded schools shall 
be considered an elementary school. School directors shall, annually, make 
report of expenditures for transportation and board of pupils to town clerk, 
who shall certify same to superintendent of education. 

See also A (b2). State officers; H (g). Child labor; N (a), High schools. 
Virginia: In every free public school shall be taught spelling, reading, writing, 
arithmetic, grammar, geography, physiology and hygiene, civics, drawing, 
history of the United States and of Virginia. 

See also A (f). Administrative units — districts, etc. 



632 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Washington: Common schools shall include schools that are maintained at 
public expense in each school district and under control of boards of directors. 
Unless otherwise provided, every common school shall be open to all children 
between ages of 6 and 21 years residing in that school district. Common 
schools shall be taught in English language in following subjects: Reading, 
penmanship, orthography, written arithmetic, mental arithmetic, geography, 
English grammar, physiology and hygiene, with special reference to effects 
of alcohol and narcotics on human system, history of United States, and such 
other subjects as State board of education may prescribe; attention must be 
given to cultivation of manners and the fundamental principles of honesty, 
industry, economy, to laws of health, physical exercise, and to kindness to all 
living animals. The school day above the primary grades shall consist of 
6 hours, exclusive of noon intermission, but school directors may fix a session 
less than 6 hours; minimum session for primary grades shall be 4 hours, 
exclusive of noon intermission, and 5 hours for other grades, exclusive of 
such intermission ; school month shall consist of 20 days, and school year shall 
consist of not fewer than 9 such months ; school year shall begin on July 1 
and end on June 30. No teacher, pupil, or janitor shall attend school from 
any house in which any contagious or infectious disease is prevalent ; no such 
person can attend school or be employed who is afflicted with pulmonary 
tuberculosis. Pupils shall submit to authority of teachers; pupils may be 
expelled from school for good cause. All districts shall maintain school 
during at least six months each year. Women shall be eligible to hold school 
offices. All schools supported wholly or in part by public funds shall be 
forever free from sectarian control or influence. 

Superintendent of public instruction shall forward questions prepared by 
State board of education for use in examination of pupils completing grammar- 
school course of study, fix date of examination, and grant certificates of 
promotion; such certificates shall entitle holder to enter any high school 
without further examination; county hoard of education shall examine and 
grade manuscripts of pupils; county superintendent may appoint assistant 
examiners to conduct such examinations ; such assistant examiners shall re- 
ceive $3 per day. County superintendent shall report names of pupils passing 
such examination, together with such other facts as may be necessary, to 
State superintendent. 

See also A (bl). State boards; A (cl). County boards; A (c2). County 
officers; A (d), District boards and officers; E (b). Teachers' certificates, 
general; K (c), Uniformity of textbooks. 

West Virginia: In free schools there shall be taught reading, orthography, 
penmanship, arithmetic, English grammar and language. United States his- 
tory, State history, general and State geography, civil government, general 
history, bookkeeping, elementary agriculture, and physiology and hygiene, 
with special attention to effects of alcohol and narcotics on human system; 
such branches as may be required in prescribed courses of study shall be 
taught in graded and high schools. State superintendent shall prepare and 
distribute a manual containing course of study as prepared by State board; 
shall provide for examination and certification of pupils who complete such 
course. 

See also A (bl), State boards; E (b). Teachers' certificates, general; K (c), 
Uniformity of textbooks. 

Wisconsin: Orthography, orthoepy, reading, writing, English grammar and 
composition, geography, arithmetic, elements of agriculture, history and civil 
government of United States and of Wisconsin, and such other branches as 



L (b). HISTORY, CIVICS, AND PATRIOTISM. 633 

board may determine shall be taught in every district school; Instruction 
shall be in the English language, but foreign languages may be taught by a 
competent teacher for not to exceed one hour each day in common schools. 
School boards may establish and maintain kindergartens. Said boards shall 
provide for instruction of all pupils in all schools supported by public money 
or under State control in physiology and hygiene, with special reference to 
effects of alcohol and narcotics upon human system ; textbooks for such pur- 
pose shall have joint approval of State superintendent and State board of 
health. Each teacher in public schools shall devote at least 30 minutes each 
month to instruction in prevention of accidents ; State superintendent shall 
prepare and publish at expense of the State a book for such instruction; 
these provisions sWU be printed in teachers' manual. 

See also A (b2), State officers; A (d), District boards and oflScers; E (b), 
Teachers' certificates, general. 
Wyoming : State superintendent shall prepare a course of study for elementary 
schools embodying spelling, reading, writing, United States history, language 
and grammar, arithmetic, history and government of Wyoming, humane treat- 
ment of animals, nature study and geography, physiology and hygiene, and 
agriculture. County superintendent shall see that prescribed course is fol- 
lowed, but superintendent or principal in district having three or more teach- 
ers may modify course to meet local conditions ; county superintendent shall 
apportion State school land income fund only to districts in which prescribed 
subjects are taught. 

See also E (b), Teachers' certificates, general. 



L (b) . History, Civics, and Patriotism. 

Alabama: See B (b), Teachers' certificates, general. 

Arkansas: See A (b2), State officers; A (c2). County officers. 

Colorado: See E (b), Teachers' certificates, general. 

Florida: See E (b). Teachers' certificates, general; K (c). Uniformity of 
textbooks; L (j), Agriculture. 

Georg;ia: See K (c), Uniformity of textbooks; L (j), Agriculture. 

Idaho: See E (b). Teachers' certificates, general. 

Iowa: See E (b), Teachers' certificates, general. 

Kansas: See E (b). Teachers' certificates, general. 

Kentucky: See E (b). Teachers' certificates, general. 

Louisiana: Military and naval history of the State as a part of the Con- 
federate Government shall be prepared and distributed to colleges, seminaries, 
schools, public libraries, and to other institutions. 

Maine: Governor shall, with consent of council, appoint a State historian, 
whose duty it shall be to compile historical data of the State and encourage 
teaching the same in the public schools. 

Maryland: See H (c). School year, month, day, etc. 

Massachusetts: See L (a). Course of study. 

Michigan: See A (c2). County officers; K (c), Uniformity of textbooks. 

Minnesota: See E (b), Teachers' certificates, general. 

Mississippi: See E (b). Teachers' certificates, general; K (c). Uniformity of 
textbooks. 



634 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Missouri: See E (b), Teachers' certificates, generaL 

Montana: See E (b), Teachers' certificates, general. 

Nevada: See E (b), Teachers' certificates, generaL 

New Mexico: See E (b), Teachers' certificates, general; K (c). Uniformity 

of textbooks; L (a), Course of study. 
North Dakota: See E (b), Teachers' certificates, general. 
Ohio: See A (f), Administrative units — districts, etc.; E (b), Teachers' 

certificates, general. 

Oklahoma: See A (f). Administrative units — districts, etc.; E (b), Teachers' 
certificates, general. 

South Dakota: See E (b), Teachers' certificates, general. 

Texas: See E (b). Teachers' certificates, general; L (a), Course of study. 

Utah: See A (f), Administrative units — districts, etc. 

Vermont: See L (a). Course of study. 

Virginia: See L (a), Course of study. 

Washington: See E (b), Teachers' certificates, general; F (a), Teachers' 

contracts, duties, etc. 
West Virginia: See E (b), Teachers' certificates, general; K (c), Uniformity 

of textbooks; L (a), Course of study. 
Wisconsin: See E (b), Teachers' certificates, general; L (a). Course of study. 
Wyoming: See E (b), Teachers' certificates, general; L (a). Course of study. 



Ii (c). Physical Education. 

California: See L (a), Course of study. 

Indiana: See E (b). Teachers' certificates, general. 

Massachusetts: The school committee may supervise and control all athletic 
organizations composed of public-school pupils and bearing the name of the 
school ; it may determine conditions under which such organizations may 
compete with each other. School committees may expend public funds for the 
supervision of play and games. 
See also L (a), Course of study. 

Missouri: See A (f), Administrative units — districts, etc. 

New Jersey: See C (a), Local finance and support, generaL 

North Dakota: See L (d), Physiology and hygiene. 

Pennsylvania: See H (c), School year, month, day, etc. 

Vermont: See L (a). Course of study. 

Washington: See L (a). Course of study. 

Wisconsin: See A (d). District boards and ofllcers. 



L (d). Physiology and Hygiene; Alcohol; Narcotics; Other Health 

Instruction. 

Alabama: State superintendent shall prepare and furnish to each school in the 
State placards showing evils of intemperance; teachers shall post such pla- 
cards in each room. 

See also A (b2). State officers; E (b), Teachers' certificates, generaL 



L (d). PHYSIOLOGY AND HYGIENE. 635 

Arizona: See E (b), Teachers' certificates, general. 

Arkansas: See A (c2), County officers; A (d), District boards and officers. 

California: See L (a), Course of study. 

Colorado: Physiology and hygiene shall be taught in the public schools; two 
lessons per week shall be given on the humane treatment of animals; when 
the parents or guardians of 20 or more children of school age so demand, 
school board may provide instruction in the Spanish and German languages. 
Physiology and hygiene and the nature of alcoholic drinks and narcotics 
shall be taught in the public schools. 

See also E (b), Teachers' certificates, general. 

Connecticut: See A (d), District boards and officers. 

Delaware: See A (cl), County boards; L (e). Moral and ethical education. 

Florida: See E (b). Teachers' certificates, general; K (c), Uniformity of 
textbooks. 

Georgia: Physiology and hygiene, with special reference to the effects of alco- 
holic drinks and narcotics, shall be taught in all public schools. 
See also K (c), Uniformity of textbooks. 

Idaho: Physiology and hygiene shall be taught to all pupils of the public 
schools ; school boards shall provide the best textbooks on the subject ; in all 
teachers' training classes attention shall be given to this subject ; superintend- 
ents of State reformatories shall provide for teaching this branch. 
See also E (b), Teachers' certificates, general. 

Illinois: Physiology and hygiene, with special reference to the effects of 
alcoholic drinks and narcotics upon the human system, shall be taught in 
all schools supported in whole or in part by the State. 
See also L (a), Course of study. 

Indiana: See E (b). Teachers' certificates, general; K (c). Uniformity of 
textbooks; L (a), Course of Study. 

Iowa: See A (d). District boards and officers; E (b). Teachers' certificates, 
general. 

Kansas: See A (f). Administrative units — districts, etc.; E (b), Teachers' 
certificates, general. 

Kentucky: See E (b). Teachers' certificates, general. 

Louisiana: See A (cl), County boards . 

Maine: See A (d), District boards and officers. 

Maryland: See H (c). School year, month, day, etc. 

Massachusetts: See L (a), Course of study. 

Michigan: Instruction in the prevention of dangerous communicable diseases 
shall be given every year in every public school. 

See also A (bl). State boards; A (c2), County officers; A (d). District 
boards and officers; K (c). Uniformity of textbooks. 

Minnesota: See E (b), Teachers' certificates, general. 

Mississippi: See E (b), Teachers' certificates, general; K (c). Uniformity of 
textbooks. 

Missouri: Physiology and hygiene, with special reference to the effects of 
alcoholic drinks and narcotics, shall be taught in all schools supported wholly 
or in part by public funds. 

See also E (b). Teachers' certificates, general. 



636 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

Montana: See E (b), Teacliers' certificates, general; H (c), School year, 
mouth, day, etc. 

Nebraska: See E (b), Teachers' certificates, general; G (d), Teachers' insti- 
tutes and summer schools. 

Nevada: See E (b), Teachers' certificates, general; K (c), Uniformity of 
textbooks; L (a), Course of study. 

New Hampshire: See A (b2), State officers; A (d), District boards and 
officers. 

New Jersey: The nature of alcoholic drinks and narcotics and their effects 
upon the human system shall be taught in all schools supported wholly or 
in part by public funds. Xo certificate to teach, except to teach special sub- 
jects, shall be granted to any person who has not passed examination in 
physiology and hygiene with special reference to the nature and effects of 
alcoholic drinks and narcotics. 

New Mexico: See E (b), Teachers' certificates, general; K (c), Uniformity of 
textbooks ; L ( a ) , Course of study. 

New York: The nature of alcoholic drinks and narcotics and their effects on 
the human system shall be taught in connection with physiology and hygiene 
in all schools under State control ; all pupils in said schools under second 
year of high school and above third year of elementary school shall study 
said subject with textbooks at least three lessons a week for at least 10 
weeks ; ninth-grade pupils may be excused from said branch ; in primary 
grades below third grade said subject shall be taught orally at least twice a 
week for at least 10 weeks; kindergartens shall be exempt from such instruc- 
tion. All regents' examinations in physiology and hygiene shall include ques- 
tions on nature and effects of alcohol and narcotics. Normal schools shall 
give courses in method of teaching said subject. No school shall receive 
public funds unless complying with proAisions herein made. 
See also A (d). District boards and officers. 

North Carolina: Physiology and hygiene, with special reference to the nature 
of alcoholic drings and narcotics, shall be taught in the public schools in all 
grades below second year of the high school ; adequate time shall be given 
in all normal schools, teachers' institutes and associations, and summer 
schools to best methods of teaching such subject. 
See also U (a). Course of study. 

North Dakota: Physiologj^ and hygiene shall be taught in all public schools 
below the high school ; two lessons of not less than 10 minutes each shall be 
given each week on the humane treatment of animals; moral and physical 
instruction shall be included among the branches taught. 

See also A (c2). County officers; E (b). Teachers' certificates, general 

Ohio: See A (f). Administrative units — districts, etc.; E (b), Teachers' cer- 
tificates, general. 

Oklahoma: See A (f). Administrative units— districts, etc.; E (b), Teachers' 
certificates, general. 

Oregon: See E (b). Teachers' certificates, general. 

Pennsylvania: See E (b). Teachers' certificates, general. 

Rhode Island: See A (d), District boards and officers. 

South Carolina: See A (cl), County boards. 

South Dakota: See E (b). Teachers' certificates, general. 

Tennessee: See L (a), Course of study. 



L (f). HUMANE TREATMENT OF ANIMALS. 637 

Texas: See E (b), Teachers' certificates, general; L (a), Course of study. 

Utah: See A (f), Administrative units — districts, etc.; E (b), Teacliers' cer- 
tificates, general. 

Vermont: See L (a), Course of study. 

Virginia: See L (a), Course of study. 

Washington: See B (a), General State finance and support; E (b). Teachers' 
certificates, general; L (a), Course of study. 

West Virginia: See E (b), Teachers' certificates, general; K (c), Uniformity 
of textbooks; L (a). Course of study. 

Wisconsin: See E (b). Teachers' certificates, general. 

Wyoming: No teacher's certificate shall be granted to applicant who shall not 
pass examination in physiology and hygiene. 

See also E (b). Teachers' certificates, general; L (a). Course of study. 



Tt (e) . Moral and Ethical Education. 

California: See L (a), Course of study. 

Delaware: Each teacher shall devote at least one-half hour every week to 
moral and humane instruction ; the city of Wilmington shall be exempt from 
this provision. (The constitution of Delaware is also required to be taught 
by law; also the injurious effects of alcohol and narcotics. By resolution 
of the State board of education agriculture must be taught in eighth grades. ) 

Massachusetts: See L (m), Sectarian instruction. 

Minnesota: See B (e), State aid for elementary education. 

Nebraska: See A (f), Administrative units — districts, etc. 

North Dakota: See L (d), Physiology and hygiene. 

Ohio: See D (a). Buildings and sites, general. 

Oklahoma: See A (bl), State boards. 

Rhode Island: See E (b). Teachers' certificates, general. 

South Dakota: See A (f). Administrative units — districts, etc.; F (a). 
Teachers' contracts, duties, etc. 

Utah: See F (a). Teachers' contracts, duties, etc. 

Washington: See F (a), Teachers' contracts, duties, etc.; L (a), Course of 
study. 

Wisconsin: See A (d), District boards and officers; T (e), Schools for the 
feeble-minded. 

Wyoming: See O (a), Industrial education, general. 



Ij (f ) . Humane Treatment of Animals. 

Colorado: See L (d). Physiology and hygiene. 

]\Iichigan: Humane treatment of animals and birds shall be taught in the 

public schools. 
Nevada: See L (a). Course of study. 
New Hampshire: See A (d), District boards and officers. 
North Dakota: See L (d), Physiology and hygiene. 
Oklahoma: See A (bl). State boards. 



638 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Pennsylvania: See H (c), School year, month, clay, etc. 

South Dakota: See F (a), Teachers' contracts, duties, etc. 

Washington: No teacher or other person employed in any school, except a 
medical or dental school, shall practice yivisection in presence of any minor, 
or exhibit any vertebrate animal upon which yivisection has been practiced. 
Dissection of dead bodies shall be allowed in classrooms of schools. 
See also L (a), Course of study. 

Wisconsin: See A (d). District boards and officers. 

Wyoming: See L (a). Course of study. 



I( (g) . Music. 



Arizona: The school board of any district may employ specially qualified 
teachers of music and drawing ; such teachers must be graduates of approved 
schools of music or drawing as the case requires, or pass examination pre- 
scribed by State board of education. 

Connecticut: See A (d), District boards and officers. 

Indiana: See E (b). Teachers' certificates, general. 

Iowa: Vocal music shall be taught in all the public schools of the State. 
See also E (b). Teachers' certificates, general. 

Kansas: See E (b), Teachers' certificates, general. 

Maine: See N (a). High schools. 

Maryland: See H (c), School year, month, day, etc. 

Massachusetts: See L (a), Course of study. 

Nevada: See E (b), Teachers' certificates, general. 

North Dakota: See E (b). Teachers' certificates, general. 

Ohio: See A (f), Administrative units — districts, etc.; E (b). Teachers' cer- 
tificates, general. 

Oklahoma: See E (b). Teachers' certificates, general. 

Oregon: See E (b), Teachers' certificates, general. 

Pennsylvania: See H (c), School year, month, day, etc. 

South Dakota: See F (a). Teachers' contracts, duties, etc. 

Vermont: See L (a). Course of study; L (j). Agriculture. 

Washington: See E (b), Teachers' certificates, general; E (c), Special cer- 
tificates. 



li (h) . Drawing. 

Arizona: See L (g), Music. 

Indiana: See E (b). Teachers' certificates, general. 

Iowa: See E (b), Teachers' certificates, general. 

3Iaine: See A (f). Administrative units — districts, etc.; O (a), Industrial 

education, general. 
Maryland: See H (c), School year, month, day, etc. 
3Iassachusetts : See L (a). Course of study. 
Nevada: See E (b). Teachers' certificates, general. 
North Dakota: See E (b), Teachers' certificates, general. 



L (i). MAXUAL AND INDUSTRIAL EDUCATION. 639 

Ohio: See A (f). Administrative units — districts, etc.; E (b), Teachers' cer- 
tificates, general. 

Pennsylvania: See A (b2), State officers; H (c), School year, month, day, etc. 

Rhode Island: See O (a), Industrial education, general. 

South Dakota: See E (b). Teachers' certificates, general. 

Utah: See E (b), Teachers' certificates, general. 

Vermont: See L (a). Course of study; L (j). Agriculture. 

Virginia: See L (a). Course of study. 

Wasliington: See E (b), Teachers' certificates, general; E (c), Special cer- 
tificates. 



L (i) . Technical, Manual, and Industrial Education. 

Arizona: In any school district instniction may be given in manual training, 
domestic science, and kindergarten; course shall be as prescribed by school 
board, with approval of State board of education ; board of supervisors shall 
levy a tax in districts maintaining such courses to pay teachers and provide 
materials for the same ; teachers who are graduates of approved manual train- 
ing, domestic science, or kindergarten schools may be licensed by the State 
board of education, or, not being such graduates, must pass an examination 
prescribed by said board ; tuition shall be free to bona fide resident pupils of 
the district. 

Trustees of any district may employ teachers of commercial branches ; 
teacher who is a graduate of an approved commercial school may be licensed 
by the State board of education, or, not being such graduate, must pass an 
examination prescribed by said board. 

See also G (b), State normal schools. 

California: See G (b), State normal schools. 

Georgia: See O (a). Industrial education, general. 

Idaho: See N (a). High, schools. 

Illinois: See N (a), High schools. 

Indiana: See A (d), District boards and officers ; A (f), Administrative units — 

districts, etc.; E (b), Teachers' certificates, general; L (j), Agriculture; 

O (a). Industrial education, general. 
Iowa: See A (b2). State offi.cers; E (b), Teachers' certificates, general; H (e), 

Consolidation of districts, etc.; L (j). Agriculture. 
Kansas: See A (f). Administrative units— districts, etc.; G (c), County and 

local normal schools; O (a). Industrial education, general. 
Kentucky: See A (d). District boards and officers; A (f). Administrative 

units — districts, etc. 

Louisiana: See A (bl), State boards; U (e), Schools for dependents and 
delinquents. 

Maine: State superintendent and president of university may approve measures 
for promoting interest in forestry in public schools, academies, and colleges. 

See also A (f). Administrative units — districts, etc.; O (a), Industrial 
education, general. 

Maryland: See H (c), School year, month, day, etc.; N (a), High schools; 
O (a). Industrial education, general. 



640 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Massachusetts: Eveiy city or town of 20,000 inhabitants or more shall main- 
tain the teaching of manual training as part of both its elementary and its 
high school systems. 

See also A (bl). State boards; H (g), Child labor; L (a), Course of study; 
O (a), Industrial education, general. 

IVIichigan: See O (b), Agricultural schools; T (c). Schools for the blind. 

Minnesota: See A (f). Administrative units — districts, etc.; B (e), State aid 
for elementary education. 

3Iississippi: See N (a). High schools. 

Missouri: See T (b), Schools for the deaf. 

Montana: See O (a), Industrial education, general. 

Nebraska: See N (a), High schools. 

Nevada: See A (bl). State boards; C (b), Local bonds and indebtedness. 

New Jersey: If any school district shall raise not less than $250 for a school 
or schools for industrial education or manual training, or shall add such 
education or training to the course of study in the schools, such district shall 
receive aid from the State equal to amount so raised, such aid not to exceed 
$5,000 in any year to any district; course of study in such industrial educa- 
tion or manual training must be approved by State board of education ; 
in case any part of sum raised by the district for such separate school is by 
private subscription, district board may select from among the donors not 
more than six persons to assist said board in management of said school ; 
district board shall annually make special report to commissioner of educa- 
tion relative to such education or training. 

See also A (bl), State boards; A (c2). County officers; G (d), Teachers' 
institutes and summer schools; O (a). Industrial education, general. 

New Mexico: See A (bl). State boards; G (b), State normal schools; L (a), 
Course of study; N (a), High schools. 

New York: See B (a), General State finance and support; O (a). Industrial 
education, general; O (b). Agricultural schools. 

North Dakota: See B (e). State aid for elementary education; E (b). 
Teachers' certificates, general; O (a). Industrial education, general; O (b), 
Agricultural schools. 

Ohio: See A (f), Administrative units — districts, etc.; T (b). Schools for the 
deaf; T (c), Schools for the blind; T (e), Schools for the feeble-minded. 

Oklahoma: See T (e). Schools for feeble-minded. 

Oregon: See A (b2). State officers; E (b), Teachers' certificates, general; 
N (a). High schools. 

Pennsylvania: See A (bl). State boards; A (b2), State officers; A (d), 
District boards and officers; H (c). School year, month, day, etc.; M (c), 
Evening schools. See 0(a), Industrial education, general. 

Rhode Island: See O (a). Industrial education, general. 

South Carolina: See N (a). High schools. 

Tennessee: See B (a), General State finance and support. 

Texas: See N (a). High schools. 

Utah: See A (f). Administrative units — districts, etc. 

Vermont: See L (j). Agriculture. 

Virginia: See A (d). District boards and officers. 

Washington: See E (c), Special certificates. 



L (j). AGKICULTURE. 641 

Wisconsin: See A (b2), State officers; B (e), State aid for elementary edu- 
cation; E (b), Teachers' certificates, general; G (b) State normal schools; 
N (a), High schools; O (b), Agricultural schools. 

Wyoming: See O (a), Industrial education, general. 



L (j). Agriculture. 

See also O (b), Agricultural schools. 

Alabama: See E (b), Teachers' certificates, general. 

Arizona: See N (a). High schools. 

Arkansas: See A (d), District boards and officers. 

California: See G (b), State normal schools. 

Colorado: See Q (b), Agi-icultural colleges. 

Delaware: See L (e), Moral and ethical education. 

Florida: The elementary principles of agriculture and the elementary principles 
of civil government shall be taught in all the public schools of the State; 
teachers shall be examined in such subjects. 

See also E ( b ) , Teachers' certificates, general ; K ( c ) , Uniformity of text- 
books. 

Georgia: The elements of agriculture and of civics shall be taught in the 
public schools. 

See also K (c), Uniformity of textbooks. 

Idaho: See E (b), Teachers' certificates, general; N (a), High schools. 

Indiana: On petition of 25 per cent of the legal voters of a township main- 
taining a high school, township trustee, with approval of advisory board, may 
provide a room or building in connection with said high school in which to 
teach agriculture, domestic science, or " physical or practical mental culture," 
and in which to hold entertainments and meetings for township purposes. 
Bonds may be issued for such purpose. 

See also E (b), Teachers' certificates, general; O (a), Industrial educa- 
tion, general. 

Iowa: The teaching of elementary agriculture, domestic science, and manual 
training shall be required in the public schools; State superintendent shall 
prescribe to what extent such subjects shall be taught. Teachers required to 
teach such subjects shall be examined in the same. 

See also A (b2), State officers; H (e), Consolidation of districts, etc. 

Kansas: See E (b), Teachers' certificates, general; G (c). County and local 
normal schools. 

Louisiana: See A (bl), State boards; A (cl), County boards; U (e), Schools 
for dependents and delinquents. 

Maine: See L (i). Manual and industrial education; O (a), Industrial educa- 
tion, general. 

Maryland: See H (c), School year, month, day, etc.; N (a), High schools; 
O (a), Industrial education, general; Q (b). Agricultural colleges. 

Massachusetts: See A (bl). State boards; G (b). State normal schools; L (a). 
Course of study; O (a). Industrial education, general. 

Michigan: See A (c2). County officers; O (b), Agricultural schools. 

Minnesota: See A (f). Administrative units — districts, etc.; B (e), State aid 
for elementary education. 
396(?''— 15 41 



642 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Mississippi: See E (b), Teachers' certificates, general; K (c), Uniformity of 
textbooks; N (a), High schools. 

3Iissoiiri: See E (b), Teachers' certificates, general; N (a), High schools. 

Montana: See A (c2), County officers. 

Nebraska: See E (b), Teachers' certificates, general; G (c), County and local 
normal schools; N (a), High schools. 

Nevada: See C (b). Local bonds and indebtedness. 

New Jersey: See G (d), Teachers' institutes and summer schools; O (a), 
Industrial education, general. 

New Mexico: See A (bl), State boards; N (a), High schools. 

New York : The State advisory board for agricultural education and country- 
life advancement shall consist of following 12 persons : Commissioner of edu- 
cation, commissioner of agriculture, director of New York State College of 
Agriculture, director of New York Agricultural Experiment Station, director 
of New York State Veterinary College, director or dean of the State schools 
of agriculture at Alfred University, St. Lawrence University, and Morris- 
ville, a member of State fair commission, and remaining three members ap- 
pointed by the governor. Said board shall report annually to the governor. 
Said board shall serve without compensation. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc.; B (a). General State finance and support; O (a), Industrial 
education, general; O (b), Agricultural schools; Q (b). Agricultural colleges. 

North Carolina: See L (a), Course of study. 

North Dakota: Any State high school, graded, or consolidated rural school 

' having satisfactory faculties may be designated to maintain an agricultural 
dpeartment. Such school must emi^loy trained instructors in agriculture, 
manual training, and domestic science, and must have connected therewith 
within 1 mile not less than 10 acres of agricultural land. When necessary, 
special classes shall be organized in winter. Each such school shall receive 
$2,500 State aid, but not more than one school shall be aided in any one 
county, nor shall all State aid received exceed $2,500. 

See also B (e), State aid for elementary education; E (b). Teachers' cer- 
tificates, general; O (b). Agricultural schools. 

Ohio: Agriculture shall be taught in all the common schools of all village and 
rural school districts of the State which are supported in whole or in part 
by the State, and may be taught in any city school district at the option 
of the school board thereof. The State shall be divided into four agricul- 
tural districts mapped out by State superintendent. .Such districts shall be 
composed of counties which are contiguou-s, and no county shall be divided 
in the laying out of such districts. State superintendent shall superintend' 
agricultural education, and shall appoint for each agricultural district a 
supervisor of agricultural education, who shall possess all the qualifications 
of a county superintendent. Duties of district supervisor : To cooperate with 
boards in mapping out courses in agriculture; visit county institutes in his 
district and give instruction in the teaching of agrculture ; lecture at farmers' 
institutes and farmers' schools on agriculture ; encourage county agricultural 
societies to make school children's agricultural exhibits ; assist State super- 
intendent in the standardization of schools; make reports to State sui>erin- 
tendent. Each district agricultural supervisor shall receive compensation, to 
be fixed by State superintendent. Traveling expenses shall not exceed $1,000 
per year. 

See also A (b2). State officers; A (f). Administrative units — districts, etc.; 
E (b), Teachers' certificates, general. 



L (j). AGEICULTUEE. 643 

Oklahoma: There is created a State commission of agricultural and industrial 
education, consisting of State superintendent of public instruction, president 
of State board of agriculture, and president of the Agricultural and Mechani- 
cal College, to serve without additional pay. Said commission shall conform 
to rules of State board of education, shall cooperate with all State normal 
schools, the Agricultural and Mechanical College, and State board of agri- 
culture. And said institutions shall cooperate with said commission. Said 
commission shall make biennial reports to go^-ernor prior to meeting of legis- 
lature. The elementary principles of agriculture, horticulture, animal hus- 
bandry, stock feeding, forestry, building county roads, and domestic science, 
including elements of economics, shall be taught in all public schools. State 
superintendent shall determine character and extent of such instruction and 
shall provide for courses for teachers of such subjects at normal schools. 
County superintendents shall make annual report to State board of educa- 
tion relative to instruction in such branches. No certificate to teach shall 
be granted to any person who has not passed examination in such subjects. 
Teachers shall report as required to county superintendents progress in such 
branches, and failing so to do shall be discharged. Each State normal 
school and like schools shall establish a department of agricultural and in- 
dutrial education in each such school. The Agricultural and Mechanical 
College shall be the head of the system of agricultural and industrial educa- 
tion. The occupant of the chair of " agriculture for schools " of the Agri- 
cultural and Mechanical College shall be supervisor of aforesaid instruction 
in the schools. State commissioners of agricultural and mechanical com- 
mission shall, with expert assistants, make course of study for schools in 
aforesaid subjects. Experimental farms shall be established in connection 
with agricultural schools for such work. Each agricultural school shall con- 
duct annually a short course for farmers. No courses other than industrial 
and kindred courses shall be taught in agticultural schools. 
See also E (b). Teachers' certificates, general. 

Oregon: See A (b2), State officers; G (c), County and local normal schools; 
N (a), High schools. 

Pennsylvania: See A (bl). State boards; A (b2), State officers; A (d), Dis- 
trict boards and officers; H (c). School year, month, day, etc.; N (a), High 
schools. 

Rhode Island: See O (a). Industrial education, general. 

South Carolina: See N (a). High schools. 

South Dakota: Two or more school districts may consolidate and form a new 
district for the purpose of giving instruction in agriculture, manual training, 
and home economics; an existing district may so organize or a portion of a 
district may so organize or consolidate with one or more other districts. 
Before steps are taken to consolidate, county superintendent shall submit a 
plat of the proposed district to State superiuendent ; if State superintendent 
approves, county superintendent shall, on petition of 25 per cent of the legal 
voters call an election in the districts affected; if three-fourths or more of 
the votes cast favor consoldiation, county superintendent shall order the 
same and shall call an election to elect five members of a board of education 
and a treasurer; such district shall become an independent district. Places 
for schoolhouse, equipment, etc., must have approval of State superintendent, 
who shall also prepare course of study, including industrial work, and with 
county superintendent shall exercise general supervision over the district. 
The board of education may provide transportation for pupils, and shall pro- 
vide transportation for children residing 2 miles or more from school or ar- 



644 STATE LAWS RELATING TO PUBLIC EDUCATION. 

range with parents to transport them : in lien of transportation a reasonable 
amonnt may be expended for room and board. Board may acquire land for 
a demonstration plat, but not more than 10 acres may be purchased for agri- 
cultural purposes, not more than $3 per child of school age, and not more than 
$2,500 in all may be expended for such purposes. 
See also A (c2), County officers. 

Tennessee: State superintendent of public instruction and commissioner of 
agriculture shall constitute a commission to procure the preparation or desig- 
nation of a work on the " Elementary principles of agriculture." which shall 
be taught in the public schools. 

See also L (a), Course of study: U (e), Schools for dependents and delin- 
quents. 

Texas: See E (b), Teachei-s' certificates, general; L (a). Course of study; 
N (a). High schools. 

Vermont: A town maintaining a high school of first class may provide and 
maintain courses or departments in manual training, domestic science, or agri- 
culture, with special instructors therefor ; if town shall pay $600 for salaries 
of such instructors, and courses or department are approved by State board 
of educaion. State shall pay $200 to such town. School boards in the town 
of a supervision union may unite to employ special instructors in aforesaid 
branches or in singing or drawing, and. if salary of instructor be not less 
than $600, said towns shall receive from State $200, to be apportioned among 
towns on basis of grand lists (taxable property). 

See also A (bl), State boards; L (a), Course of study. 

Virginia: See O (b). Agricultural schools. 

Washington: See E (c), Special certificates. 

West Virginia: See E (b), Teachers' certificates, general; K (c), Uniformity 
of textbooks; L (a), Course of study. 

Wisconsin: See A (c2), County officers; E (b), Teachers' certificates, general; 
L (a), Course of study: X (a). High schools. 

Wyoming: See E (b). Teachers' certificates, general; L (a), Course of study. 



L (k). Days of Special Observance. 

See also H (d), School holidays. 

Arizona: In certain counties Friday following the first day of April, and in 
other counties Friday following the first day of February, shall be Arbor Day 
and a holiday; such day shall be appropriately observed in the public schools; 
State superintendent shall from year to year prescribe a program of exercises. 

California: March 7, as birthday of Luther Burbank, is constituted Bird and 
Arbor Day, to be observed in the public schools with appropriate exercises 
and instruction. 

Colorado: See H (d), School holidays. 

Connecticut: See A (d), District boards and officers. 

Florida: The first Friday in November is set apart as Mothers' Day, and 
shall be observed in the public schools. 

Georgia: The following days shall be observed in the public schools with ap- 
propriate exercises : January 1 ; January L9, Lee's Birthday ; February 12, 
Georgia Day ; February 22, Washington's Birthday ; April 26, Memorial Day ; 
June 3, Davis's Birthday; July 4, Independence Day; first Monday in 



L (k). DAYS OF SPECIAL OBSERVANCE. 645 

September, Labor Day ; Thanksgiving Day ; first Friday in December, Arbor 
Day; December 25, Christmas Day. 

The first Friday in December is set apart for tree planting, and shall be 
known as Arbor Day; State superintendent shall have such day observed 
in the public schools. 

Idaho: Couuty superintedent shall set apart a day between April 1 and May 
1 as Arbor Day ; school authorities shall cause such day to be observed ; 
State superintendent may prescribe exercises. 

Illinois: The governor shall annually in the spring designate a day to be 
observed as Arbor and Bird Day. 

Indiana: The third Friday in April is designated as Arbor Day, and shall be 
appropriately observed in the public schools. 

Louisiana: School boards shall annually direct parish superintendent or other 
authority, to observe Columbus Day by appropriate exercises in the schools. 

State and parish boards of education shall provide for celebration by public 
schools of Bird Day on May 5 of each year. 

Maine: See H (d). School holidays. 

Massachusetts: In all public schools the last regular session, or portion thereof, 
prior to May 30 shall be devoted to patriotic exercises. 
See also H (d), School holidays. 

Michigan: See H (d), School holidays. 

Minnesota: See A (b2), State officers. 

Mississippi: See A (bl), State boards, 

Missouri: Friday after the first Tuesday in April is set apart as Arbor Day, 
and teachers, pupils, and parents are requested to observe the same in con- 
nection with the public schools. 

Montana: Afternoon of Pioneer Day, first Monday in November, shall be 
devoted to discussion of pioneers; State board of education may offer medal 
to pupil writing best essay on pioneer history. Second Tuesday of May shall 
be Arbor Day, 

Nebraska: State Fire Day shall be first Friday in November. All schools 
shall observe said day with appropriate exercises; chief deputy fire com- 
missioner and State superintendent shall prepare a book on fires, with suffi- 
cient number of lessons for each month ; publishing of book shall be paid for 
out of office fund of fire commissioner; every teacher in every school shall 
devote at least 30 minutes in each school month to instruction in fire dangers 
and fire prevention. 

New Mexico: See H (d), School holidays. 

New York: Commissioner of education shall provide for observance in public 
schools of Lincoln's Birthday, Washington's Birthday, Memorial Day, and 
Flag Day, and such other days as legislature may designate. Nothing herein 
shall be construed as authorizing military instruction or drill during school 
hours. 

Arbor Day shall be observed in the public schools; commissioner of edu- 
cation may prescribe a course of exercises and instruction for such day. 

Oklahoma: See A (bl). State boards. 

Oregon: The afternoon of the second Friday in April of each year shall be 
observed as Arbor Day. 

Rhode Island: See A (b2). State officers; H (d). School holidays. 



646 STATE LAWS RELATING TO PUBLIC EDUCATION. 

South Carolina: The third Friday in November shall be observed as Arbor 

Day. Calhoun's birthday, March 18, shall be observed in the public schools as 

South Carolina Day, 
South Dakota: School boards may expend public funds for the observance 

of Memorial Day. 
Tennessee: See A (c2), County officers. 
Vermont: See L (a), Course of study. 
Virginia: The governor shall annually in the spring designate a day to be 

observed as Arbor Day. 

The birthday of Jefferson Davis, June 3, is set apart as a day of recreation 

in the public schools. 
Wisconsin: See A (b2), State officers. 



L (1) . Other Special Subjects. 

Massachusetts: In order to encourage saving among children in the schools. 
of the State, any savings bank, with written consent of and under regulations 
approved by the bank commissioner and school committee in city or town in 
which the school is situated, may arrange for the collection of savings from 
the school children by the principal or teachers of such schools or by collectors. 
No person shall, in the presence of a public-school pupil or of a minor there 
present, practice vivisection or exhibit a vivisected animal ; dissection of dead 
animals shall be confined to the classroom and to the presence of pupils en- 
gaged in the study to be illustrated thereby, and shall in no case be for the 
purpose of exhibition ; violation of these provisions shall be punishable by fine 
of not less than $10 nor more than $50. 

Minnesota: See B (e). State aid for elementary education. 

New Jersey : Each teacher in public, private, and parochial schools shall devote 
not less than 30 minutes in each two weeks to instruction in preventing acci- 
dents ; commissioner of education shall, in connection with employers' liability 
commission and the director of the American Museum of Safety, cause to be 
prepared a manual on accident prevention for use of schools ; at least once 
during each term principals of all schools shall arrange a lecture on such sub- 
ject and kindred subjects, cost to be paid by the State. Provisions of this 
act shall be printed in teachers' manual. 

New York: The principal or superintendent of public schools or person desig- 
nated by board of education or other school authority may collect the savings 
of pupils and deposit the same in some bank having an interest department ; 
such savings shall be deposited in the napaes of pupils, unless amounts be 
too small for individual accounts, whereupon they shall be deposited by said 
principal, superintendent, or other designated person, in trust, until such time 
as amounts shall increase so as to warrant individual accounts. 

Ohio: Each teacher in public schools shall devote not less than 30 minutes 
in each month for purpose of instructing pupils as to ways and means of 
preventing accidents; State superintendent shall prepare and distribute a 
manual for such purpose. 

Texas: See G (b). State normal schools. 

Vermont: Sum of $1,500 is appropriated for purchase of lanterns and slides 
to be used by union superintendents in giving instruction concerning resources ' 
of Vermont. 

Wisconsin: See L (a), Course of study. 



L (m). SECTAEIAN INSTEUCTION, BIBLE. 647 

IJ (m) . Sectarian Instruction; Bible in the School. 

See also Appendix A: State constitutional provisions relating to public 

education. 
Alabama: See K (c), Uniformity of textbooks. 
Arizona: See A (d), District boards and officers; B (b), State school lands; 

F (a), Teachers' contracts, duties, etc. 
California: See A (d), District boards and officers; L (a), Course of study. 
Georgia: The Bible sball not be excluded from the public schools. 

See also K (c), Uniformity of textbooks. 
Idaho: No literature of a political or sectarian character shall be introduced 

in the public schools and political and sectarian doctrines are forbidden to 

be taught therein. 

See also A (f), Administrative units — districts, etc. 
Indiana: See L (a), Course of study. 
Iowa: The Bible shall not be excluded from any public school or institution 

in the State, nor shall any child be required to read it contrary to the wishes 

of his parent or guardian. 
Kansas: See A (f). Administrative units — districts, etc. 
Kentucky: See A (f), Administrative units — districts, etc.; H (c), School 

year, month, day, etc.; K (c). Uniformity of textbooks. 
Louisiana: See A (cl). County boards. 
Maine: See G (b). State normal schools. 
Maryland: See K (c). Uniformity of textbooks. 
Massachusetts: A portion of the Bible shall be read daily in the public schools, 

without comment; no pupil whose parents object shall be required to take 

part in such reading; no school books of a sectarian character shall be used 

in the public schools. The teachers in all colleges and schools shall use their 

best endeavors in imparting moral instruction to those committed to their 

care. 

See also B (a), General State finance and support. 
Michigan: See A (d). District boards and officers. 
Minnesota: See H (f), Compulsory attendance. 
Mississippi: See K (c). Uniformity of textbooks. 
Montana: See H (c). School year, month, day, etc. 
Nevada: See L (a), Course of study. 
New Hampshire: See A (d). District boards and officers. 
New Jersey: See F (a), Teachers' contracts, duties, etc. 
New Mexico: See A (d). District boards and officers. 
North Dakota: The Bible shall not be deemed a sectarian book; teacher may 

read the same in school each day for not exceeding 10 minutes, but pupils shall 

not be required to attend such reading contrary to the wishes of their parents 

or guardians. 
Oklahoma: See A (bl), State boards; K (c), Uniformity of textbooks. 
Pennsylvania: No religious or political test or qualification shall be required 

of any person connected in any way whatever with the public schools. All 

fines collected under school act shall be paid to school district treasurer. 

Any person employed in the public schools, who shall attempt to bribe the 

employer of said person, shall be guilty of a misdemeanor. In districts of 



648 STATE LAWS RELATING TO PUBLIC EDUCATION. 

the first class, workmen employed shall be skilled, and all stone used in build- 
ing shall be cut and prepared in the district where buildings are to be erected. 
No public-school teacher shall. wear while engaged in the performance of 
his or her duty any dress, mark, emblem, or insignia indicating that such 
teacher is a member or adherent of any religious order, sect, or denomination. 
At least 10 verses from the Holy Bible shall be read, without comment, at 
opening of each and every public school upon each and every school day by 
the teacher in charge; teachers who fail to act in accordance with such pro- 
vision shall be discharged. 

See also A (d), District boards and officers. 

South Carolina: See A (b2), State officers. 

Texas: See A (f), Administrative units — districts, etc.; H (b), School census. 

Utah: See F (a), Teachers' contracts, duties, etc. 

Washington: See L (a). Course of study. 

Wisconsin: See A (b2), State officers; K (c), Uniformity of textbooks. 



L (n) . Modern Languages. 

California: See L (a), Course of study. 
Colorado: See L ( d ), Physiology and hygiene. 

Indiana: See E (b), Teachers' certificates, general; L (a). Course of study. 
Louisiana: See A (cl), County boards. 
Maine: See N (a). High schools. 
Massachusetts: See L (a). Course of study. 
Nebraska: See A (bl), State boards. 
Nevada: See E (b), Teachers' certificates, general. 

Ohio: See A (f), Administrative units — districts, etc.; E (b), Teachers' cer- 
tificates, general. 
Oregon: See A (f). Administrative units — districts, etc. 
Washington: See E (c), Special certificates. 
Wisconsin: See L (a), Course of study. 



M. SPECIAL TYPES OF SCHOOL. 



(a) GeneraL 

Alabama: County boards of education or school board in any city or town 
where are located manufacturing plants employing 50 or more children 
required to attend school under the child-labor law shall provide school for 
such children. 



M (b) . Kindergartens. 

Arizona: See B (d). State taxation for school purposes; L (i). Manual and 

industrial education. 
California: See A (cl). County boards; A (d), District boards and officers; 

G (b). State normal schools; L (a), Course of study. 



M (b). KINDERGARTENS. 649 

Colorado: School boards may establish kindergartens for children between 
3 and 6 years old, but nothing in this law shall affect the taking of the school 
census; such kindergarten shall be supported out of the special school fund 
of the district ; teacher shall have diploma from some reputable kindergarten 
training school or pass such examination as the kindergarten department of 
the State normal school may direct. 

Connecticut: See A (d), District boards and officers, 

Delaware: Schools in white districts shall be free to all white children over 
6 years old and in colored districts to all colored children over 6 years old; 
any district, including incorporated districts and the city of Wilmington, 
may establish a kindergarten for children over 4 years old. 

Florida: Any county board of education or board of trustees of a special-tax 
school district may establish and maintain kindergartens in communities 
guaranteeing 25 kindergarten pupils; such kindergartens shall be a part of 
the public-school system; no person shall be employed as principal of a 
kindergarten department who does not hold a certificate of graduation from 
a reputable kindergarten training school. 

Idaho: School boards may establish and maintain free kindergartens for 
children 3 to 6 years old; cost of maintenance shall be paid from special 
school fund of district ; all teachers employed shall have diplomas from a 
reputable kindergarten training school or be licensed under rules prescribed 
by State superintendent. 

Illinois: See A (d), District boards and officers; E (b). Teachers' certificates, 
general. 

Indiana: The board of trustees of any incorporated town or city may estab- 
lish kindergartens for children between 4 and 6 years old, but no State 
tuition fund may be expended for such purpose; in any city of over 6,000 
population a tax of 2 cents on each $100 may be levied for such purpose; 
such tax may be paid to an association incorporated for conducting kinder- 
gartens. In cities of over 100,000 population said tax shall be levied. 

See also A (f), Administrative units — districts, etc.; E (b), Teachers' cer- 
tificates, general. 

Iowa: See A (d), District boards and officers. 

Kansas: The school board of any district, including cities of first and second 
classes, may establish kindergartens for children between 4 and 6 years old; 
cost of maintenance shall be paid out of district funds ; State board of educa- 
tion shall adopt rules governing the examination of kindergarten teachers, but 
any person who shall complete the course of training for kindergarten teach- 
ers in the State normal school shall be entitled to teach in a kindergarten 
without further examination. 

Kentucky: See A (d), District boards and officers; A (f), Administrative 
units — districts, etc. 

Louisiana: See A (cl), County boards. 

Massachusetts: See L (a). Course of study. 

Michigan: The district board of any district may provide a suitable room or 
apartment and equipment for kindergarten work; board may require special 
qualifications of kindergarten teachers. All children between 4 and 7 years 
old shall be entitled to instruction in such kindergartens. Powers and duties 
herein conferred upon districts are likewise conferred upon any body having 
control of public schools. Any person who is a graduate of any kindergarten 
training school whose course of study is approved by the State superintendent, 



650 STATE LAWS RELATING TO PUBLIC EDUCATION. 

and who holds a teacher's certificate or a diploma from a reputable college 
of the State or from a four-year high school, may be granted a kindergarten 
certificate by said superintendent, and such person may be employed as a 
kindergarten and first-grade teacher. 

Minnesota: See A (d). District boards and oflicers. 

Mississippi: See Q (f), Other technical and professional schools. 

Missouri: See A (d), District boards and officers. 

Montana: See H (c), School year, month, day, etc. 

Nebraska: See E (b), Teachers' certificates, general. 

Nevada: See E (b). Teachers' certificates, general. 

New Jersey: Board of education of any district may establish kindergartens, 
and shall admit children between ages of 4 and 7 years thereto. Every 
teacher in a kindergarten shall hold a special kindergarten certificate, issued 
by State board of examiners. Expense of kindergartens shall be paid out of 
current school funds, same as for other schools. 
See also F (b), Teachers' salaries. 

New Mexico: See G (b), State normal schools. 

New York: See A (d). District boards and officers. 

North Dakota: The schooL board of any school district may establish kinder- 
gartens for children between 4 and 6 years old ; maintenance shall be by dis- 
trict taxation; kindergarten teacher shall pass such examination as the State 
board of examiners may require, or shall have completed the kindergarten 
course at the State normal schools. 

Ohio: See A (f), Administrative units — districts, etc. 

Oklahoma: The school board of any district having a population of 2,500 or 
more may establish and maintain kindergartens for all children between ages 
of 4 and 6 years. Departments shall be established in normal schools for 
training kindergarten teachers. 

Oregon: See A (d). District boards and officers. 

Pennsylvania: See A (d). District boards and officers; M (c). Evening schools. 

South Carolina: School boards may establish kindergartens for children not 
less than 4 years old, but attendance of children under 6 years old shall not 
be counted in com.puting average attendance in the district; any funds re- 
ceived for educational purposes may be expended for the support of such 
kindergartens. Teacher must have had at least two years' course in kin- 
dergarten training and received a certificate or diploma from a kindergarten 
normal training school approved by the State board of education. Certain 
counties are exempt from the provisions of this act. 

South Dakota: See E (b), Teachers' certificates, general. 

Texas : Trustees of any school district may establish kindergartens for children 
between 4 and 7 years old; cost of 'maintenance shall be paid from the special 
school tax of said district. 

Utah: School boards may establish kindergartens for children between 4 and 
6 years old ; cost thereof may be paid in whole or in part out of the school 
funds of the district. All school districts having a population of 2,000 or 
more shall maintain kindergartens, and cost thereof shall be paid out of 
school funds of district. Teachers not having normal-school certificate shall 
pass special examination. 

See also A (f). Administrative units — districts, etc. 



M (c). EVENING SCHOOLS. 651 

Vermout: Board of sciiool directors may establish and maiutain liindergartens 
for children under 5 years old ; such kindergartens, when conforming to public- 
school laws, shall be considered j^ublic schools. 
See also E (b), Teachers' certificates, general. 

Washington: Boards of directors of districts of first and second classes may 
establish and maintain kindergartens in connection with common schools for 
children between ages of 4 and 6 years; kindergartens shall be a part of the 
public-school system and shall be supported from general district fund. 
Kindergarten teachers and supervisors shall have diplomas or certificates 
from some accredited kindergarten training school or from kindergarten 
department of a State normal school of this State or of such accredited 
normal-school department of normal school of another State. 
See also E (c), Special certificates. 

West Virginia: Board of education of any district or independent district 
in which there is a. city, town, or Tillage of 1,000 or more may establish kinder- 
gartens for children between ages of 4 and 6 years, to be a part of free-school 
system; teachers in kindergartens must hold diploma from a kindergarten 
college or must stand examination in kindergarten methods and theories in 
addition to holding a teacher's certificate. 

Wisconsin: See A (e), School meetings, elections, etc.; E (b), Teachers' cer- 
tificates, general; L (a), Course of study. 

Wyoming: District trustees may establish and maintain free kindergartens 
for children between 4 and 6 years old ; cost of maintenance shall be paid 
from district funds; teachers shall hold diplomas from some reputable insti- 
tuition and have such other qualifications as trustees may prescribe. Tax 
voted to maintain kindergartens shall not exceed 1 mill on the dollar. 



M (c). Evening Schools. 

California: See A (d), District boards and officers; H (g), Child labor; L (a), 
Course of study. 

Connecticut: Every town having a population of 10.000 or more shall estab- 
lish and maintain evening schools for the instr-uction of persons over 14 years 
old; on petition of at least 20 persons over 14 years old for instruction in high- 
school branches, town or district shall provide such instruction, if school 
board approves and if town has no high school. No person between 14 and 
16 years old who can not read and write shall be employed in any town where 
an evening school is maintained unless said person shall have been a regular 
attendant at evening school during the preceding month. Towns or districts 
maintaining evening schools for 75 evenings or longer shall be reimbursed by 
the State to the extent of $2.25 per pupil in average attendance. Any town 
of less than 10,000 inhabitants may vote to establish an evening school. 
State board of education may, upon application, excuse any town or district 
from the requirements of this act. 

Georgia: County board of education may establish a suitable number of eve- 
ning schools for instruction of youths over 12 years old; such schools shall be 
subject to such regulations and instructions as State superintendent may 
issue. 

Illinois: See H (g), Child labor. 



652 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Indiana: In all cities having a population of over 3,000 the school trustees may- 
establish night schools between 7 and 9,30 o'clock during the regular school 
term if petitioned by 20 or more inhabitants having children between 14 and 
21 years old who desire to attend such school, but have to work in the day- 
time. Cities having a population of more than 100,000 shall maintain night 
schools during regular school term. 

See also A (f), Administrative units — districts, etc.; O (a), Industrial edu- 
cation, general. 

Kansas: The school board of any district or city may maintain night schools 
for persons over 14 years old and not required to attend day school; board 
shall establish such a school when petitioned by parents or guardians of 10 
persons eligible to attend. Teachers must hold certificates and may or may 
not be teachers in day schools. 

See also A (f), Administrative units — districts, etc. 

Louisiana: See A (d), District boards and officers. 

Maine: See A (f). Administrative units — districts, etc.; O (a), Industrial 
education, general. 

Massachusetts: Any town may and every city or town in which there are 
issued during the year from September 1 to August 31 certificates authoriz- 
ing employment of 20 or more persons who do not possess the educational 
qualifications enumerated in the compulsory attendance law of the State 
shall maintain during the following school year an evening school for in- 
struction of persons over 14 years old in orthography, reading, writing, the 
English language and grammar, geography, arithmetic, industrial drawing, 
both free-hand and mechanical, the history of the United States, physiology 
and hygiene, and good behavior; such other subjects may be taught as may 
be determined by the school committee. Every city of 50,000 or more inhab- 
itants shall maintain an evening high school if 50 or more residents, 14 years 
old or over, who are competent to pursue high-school studies shall petition 
the committee in writing for such school and certify that they desire to attend 
such school. School committees shall give due notice of the opening of 
evening schools. School committees in cities or towns maintaining evening 
schools may require from each student not bound by law to attend an advance 
payment not to exceed $1, which sum may, as determined by the committee, 
be paid into the school treasury or be returned to the student. The school 
committee may employ persons to deliver lectures on the natural sciences, 
history, and kindred subjects, and may provide library references on the 
subject of said lectures. 

See also A (d). District boards and officers; C (c), Local taxation; H (f), 
Compulsory attendance; O (a), Industrial education, general. 

Minnesota: See A (d). District boards and "officers. 

Missouri: Boards of education in city school districts may establish evening 
schools and may fix tuition fees for persons over 20 years old and other 
persons not entitled to free school privileges in the district ; said boards may 
grant the use of schoolhouses to responsible parties for the purpose of con- 
ducting free evening schools. 

Montana: See A (d). District boards and officers; O (a). Industrial education, 
general. 

New Hampshire: See A (d). District boards and officers; A (f), Adminis- 
trative units — districts, etc. 

New Jersey: Board of education of any district may maintain evening schools 
for education of residents over 12 years old; such school must be maintained 
each year for at least 4 months of 16 evening sessions of 2 hours each in 



M (C). EVENING SCHOOLS. 653 

order to secure apportionment for such schools on basis of number of teach- 
ers employed; expenses of evening schools shall be paid as expenses for day 
schools are paid. Said board may establish and maintain a public evening 
school for Instruction of foreign-born residents ov.er 14 years old in the 
English language and in government and laws of New Jersey and of the 
United States; teachers in such schools must hold special teachers' certifi- 
cates; State board of education shall prescribe rules for government and 
inspection of such schools; course of study in such schools must be approved 
by State board. Each district maintaining evening school or schools shall 
receive from the State for such school or schools an amount equal to that 
raised by the district, such aid not to exceed $5,000 per year for any district; 
school boards shall make annual reports to commissioner of education rela- 
tive to evening schools ; State board may appoint persons to assist in carrying 
out these provisions and to encourage establishment of evening schools, to 
receive no compensation, but expenses shall be allowed. 
See also O (a), Industrial education, general. 

New York: See A (d), District boards and officers; B (a), General State 
finance and support; H (f), Compulsory attendance; O (a). Industrial educa- 
tion, general. 

Ohio: See A (f), Administrative units — districts, etc; 

Oregon: See A (d). District boards and officers; A (f), Administrative units — 
districts, etc. 

Pennsylvania: The board of school directors of any district of second, third, 
or fourth class, upon application of parents of 25 or more pupils above 14 
years, shall open a free evening school for instruction in spelling, reading, 
writing, arithmetic, and such other subjects as board may determine ; evening 
schools shall be kept open for at least 4 months per year, 20 days a month, 
and 2 hours each evening; no student shall be admitted unless employed 
during the day ; evening schools may be closed when the average attendance 
falls below 15. Directors of any district of second, third, or fourth class, 
upon request of 75 or more taxpayers of district, shall establish and equip 
an evening manual-training school for pupils above 14 years old, and shall 
keep the same open as long as day-school year if 25 or more pupils shall apply 
for admission, and the average attendance shall not fall below 15. Teachers 
in said special schools must have proper certificates. Boards of school direc- 
tors may assist nonsectarian associations establishing kindergartens. Boards 
establishing agricultural schools may acquire lands for use thereof. Boards 
may admit persons under 6 and over 21 years old to suitable special or voca- 
tional schools. 

See also A (d), District boards and officers; F (a), Teachers' contracts, 
duties, etc. 

Rhode Island: See B (e). State aid for elementary education; O (a), In- 
dustrial education, general. 

South Carolina: See A (cl). County boards. 

Vermont: A town may establish and maintain evening schools; a session of 
evening school shall be equal to half-day session of public school ; a person 
desiring to study commercial subjects, English language, or other public- 
school branches may be admitted to evening schools under rules of school 
board. 

Washington: See A (d). District boards and officers; B (e). State aid for 
elementary education. 

Wisconsin: See A (d). District boards and officers; O (a), Industrial educa- 
tion, general. 



654 STATE LAWS RELATING TO PUBLIC EDUCATION. 

M (d). Vacation Schools ; Playgrounds; Social Centers. 

California: See D (a), Buildings and sites, general. 

Connecticut: See A (f), Administrative units — districts, etc. 

Idaho: See H (c), School year, month, day, etc. 

Illinois: See A (d). District boards and officers. 

Indiana: On application of one-half or more of the legal voters residing within 
2 miles of any schoolhouse, the school authorities shall allow the use of said 
house for nonpartisan community purposes. 

The board of health and charities in cities of the first class, and said board 
or the board of school commissioners in cities of the second, third, fourth, 
and fifth classes may establish, maintain, and equip public playgrounds, baths, 
and comfort stations. Said boards may take real estate pursuant to the laws 
of eminent domain ; they shall each appoint a commissioner of such activities. 
Expenses shall be borne by civil city. ■ 

Iowa: See D (a). Buildings and sites, general. 

Kansas: See A (d), District boards and officers; A (f). Administrative units — 

districts, etc. 
Kentucky: See A (d), Administrative units — districts, etc. 
Maine: See A (f). Administrative units — districts, etc. 
Maryland: School authorities may allow the use of schoolhouses for social, 

civic, and recreational purposes which do not interfere with the " prime use " 

of such schoolhouses. 
Massachusetts: The school committee of a city or town may establish and 

maintain vacation schools ; attendance thereon shall not be compulsory or be 

considered as a part of the school attendance required by law. 
See also D ( a ) , Buildings and sites, general. 
Michigan: District board shall open schoolhouses for public meetings, unless 

district votes otherwise, but. board may exclude such meetings during the five 

school days of each week. 
New Hampshire: See A (f), Administrative units — districts, etc. 
New Jersey: See A (f), Administrative units— districts, etc. ; D (a), Build- 
ings and sites, general. 
New Mexico: See A (d), District boards and officers. 
New York: See A (d), District boards and officers; D (a). Buildings and sites, 

general. 
North Dakota: See A (d), District boards and officers. 
Ohio: See A (f), Administrative units — districts, etc.; D (a), Buildings and 

sites, general. 
Oklahoma: District board may allow the use of schoolhouse for community 

purposes. 
Oregon: See A (d). District boards and officers. 
Pennsylvania: See D (a), Buildings and sites, general. 
South Dakota: See A (f), Administrative units — districts, etc. 
Utah: See A (d). District boards and officers. 
Virginia: See D (a), Buildings and sites, general. 
Washington: See D (a). Buildings and sites, general. 
West Virginia: See A (d), District boards and officers, 
Wisconsin: See A (d), District boards and officers. 



N (a). HIGH SCHOOLS. 655 

M (e). University and School Extension ; Public Lectures. 

New Jersey: Boards of education in cities containing over 10,000 popuiatiou 
may employ lecturers on the natural sciences and kindred subjects in the even- 
ings for benefit of working men and working women ; said boards may purchase 
books, and other things necessary for such lectures ; no admission fee shall be 
charged ; at least one lecture shall be delivered during each of months of 
October, November, December, January, Februai-y, and March in each year; 
due notice of such lectures shall be published. 

Oregon: See P (c), State universities and colleges. 

Rhode Island: City of Providence may annually appropriate a sum not ex- 
ceeding $2,000 for providing free public lectures. 

Wisconsin: See A (d), District boards and officers. 



M (f ) . Farmers' Institutes, etc. 

See Q (b), Agricultural colleges. 
Georgia: The board of directors of the Georgia experiment station shall have 

conducted throughout the State each year a series of farmers' institutes. 
Michigan: See Q (b). Agricultural colleges. 
Nebraska: See P (c), State universities and colleges. 
South Dakota: See A (bl). State boards. 
Virginia: See O (a). Industrial education, general. 



M (g) . Private and Endowed Schools; Parochial Schools. 

See R (b). Corporations of an educational character. 



N. SECONDARY EDUCATION: HIGH SCHOOLS AND ACADEMIES. 



(a) General. 

Alabama: Governor, auditor, and State superintendent constitute a commis- 
sion to locate one high school in each county ; when citizens furnish site of 5 
acres or more with building costing $5,000 or more, State will appropriate 
$3,000 annually ; county board of education shall control such high-school sub- 
ject to approval of high-school commission, which shall make rules and regu- 
lations governing; teachers shall hold first grade or life certificates; pupils 
entering must have completed elementary course; course of study shall be 
prepared and required by State superintendent; matriculation fee of not 
exceeding $2.50 may be charged. 

County commissioners may donate or appropriate funds from county 
treasury to aid in construction of buildings and maintenance of county high 
schools. 

Cities and towns may convey lands and provide funds to aid in the loca- 
tion and construction of county high schools. 

See also O (b), Agricultural schools. 



656 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Arizona: A school district having an average attendance of 200 or more in 
common schools may, by majority vote of qualified electors, establish a high 
school; two or more adjoining districts having a combined average attend- 
ance of 200 or more may establish a union high school ; when vote to establish 
a high school carries, county superintendent shall call an election in the dis- 
trict, or in the several districts proposing to unite, for the purpose of locating 
said high school. After high school is voted, high-school board in a single dis- 
trict or union high-school district shnll make estimate of amount of funds 
needed to maintain such school and shall certify the same to county superin- 
tendent; county taxing authorities shall levy tax in such district sufficient 
to raise amount estimated. In a single district the three district trustees 
shall constitute the high-school board; in a union district such board shall 
cojisist of five members elected at annual election, three of such members to 
be chosen from district in which high school is located ; term of members in 
union districts, five years, one being elected each year; for control of high 
schools, board shnll have all powers now vested in school trustees. Course 
of study shall be as prescribed by high-school board with approval of State 
board of education. Pupils shall be promoted from eighth grade of the com- 
mon schools to any high school on certificate signed by the principal or super- 
intendent of such common school or by county superintendent and based on 
qualifications prescribed by State board of education. High-school districts 
may vote bonds for the same purpose and in the same manner as common- 
school districts. In any county having no high school the board of super- 
visors may, and when petitioned by 15 per cent of the registered electors they 
must, call an election to determine question of establishing a county high 
school and of locating the same; if vote carries, county superintendent shall 
call an election to elect trustees. Board of trustees shall consist of five mem- 
bers; term, five years, one being elected each year. When a district shall es- 
tablish a high school or when two or more districts shall establish a union 
high school, such district or districts shall no longer be included in a county 
union high-school district. Board of supervisors may, or on petition of 15 
per cent of qualified voters shall, call an election in county union district to 
determine question of discontinuance of county union high school. On peti- 
tion of districts affected, county b«uird of supervisors shall fix boundaries of 
school districts, high-school districts, and union high-school districts. Any 
high school having proper equipment to give elementary training in agricul- 
ture, mining, manual training, domestic science, or other vocational subjects 
may, on application to State board of education, be designated to maintain 
such department; each high school so designated shall employ trained in- 
structors whose qualifications shall be fixed by the State board of education ; 
instruction in such departments to pupils of district shall be free, but non- 
resident pupils may be charged not exceeding $3 per month, which shall be a 
charge against the district of their residence; each high school maintaining 
such department shall be entitled to State aid equal to amount raised by 
district, but not exceeding $2,500; clerk of board maintaining such depart- 
ment shall report annually to State board of education ; State board shall 
make rules governing State-aided high schools ; State normal schools shall 
receive State aid on same conditions as high schools. 
See also A (bl). State boards. 

Arkansas: The State board of education shall classify high schools as four- 
year, three-year, and two-year and shall establish normal-training depart- 
ments in certain four-year schools as provided herein. Said board shall 
designate the schools in which said departments shall be established, pre- 
scribe the course of study and determine the qualifications of teachers for 



K (a). HIGH SCHOOLS. 657 

said departments. Said board shall not grant State aid to more than one 
high-school normal -training department in any county; it shall not designate 
for normal-training purposes any four-year high school having fewer than 
three teachers devoting their entire time to subjects other than normal train- 
ing. No student shall be graduated from the normal-training department who 
has not completed the full four-year course prescribed for high schools. The 
State superintendent shall issue to graduates of the said department a certifi- 
cate valid for two years in the common schools; after 12 months of ex- 
perience, holder may have certificate validated for six years, but he must 
pursue the professional course of reading prescribed by State superintendent. 
All graduates of elementary schools who reside in a county having a high 
school receiving State aid shall be entitled to free tuition therein; pupil 
desiring to enter such high school shall present a certificate of graduation 
from the elementary school. All teachers in the common schools shall be 
entitled to receive free tuition in high schools receiving State aid. Pupils 
residing in a county having no high school may attend in another county, 
and tuition fee of $1.50 a month shall be charged ; such fee shall be paid by 
district of pupils' residence if such district has sufficient funds after main- 
taining common school for six months. The State board of education shall 
supervise the distribution of all funds derived in aid of high schools, require 
annual reports from high schools receiving State aid, and prepare courses of 
study and provide inspection for high schools. No State aid for general 
high-school purposes shall be granted to any city having a population of over 
3,500, but this restriction shall not apply to the encouragement of normal 
training. Aid may be granted for two years to rural high schools having not 
less than 15 pupils. The funds received from State aid shall be expended 
only for teachers' salaries and such aid shall be granted to no school for 
whose support the district in which it is located does not expend on its 
high-school department an amount equal to the State aid received. Amount 
of State aid: Four-year school, not exceeding $800; three-year school, not 
exceeding $600 ; two-year school, not exceeding $400 ; no county shall receive 
more than 5 per cent of the total funds provided by this act. For normal 
training aid may not exceed $1,000, but no school shall receive for general 
high-school purposes and for normal training more than $1,000. Annual ap- 
propriation, $40,000 for general high-school purposes and $10,000 for normal 
training. 

See also A (f), Administrative units — districts, etc.; O (b). Agricultural 
schools. 
California: Secondary schools shall be high schools and technical schools. A 
high-school district composed of two or more high-school districts shall be 
a union high-school district; if such union district is composed of parts of 
two or more counties, such shall be a joint union high-school district. Per- 
sons competent to sign petitions regarding high schools shall be heads of 
families or electors; county superintendent shall have jurisdiction over high- 
school districts. On petition of a majority of the heads of families or elec- 
tors in a city, town, or district having an average attendance of 100 or 
more in the elementary schools, the county superintendent shall call an 
election in such city, town, or district to determine question of forming 
high-school district. Where common-school district is coextensive with high- 
school district, school board in former shall control high school. On peti- 
tion of a majority of the heads of families or electors in two or more dis- 
tricts having a total average attendance of 100 or more, county superintend- 
ent shall call an election to determine question of forming a union high- 

3966°— 15 42 



658 STATE LAWS RELATIXG TO PUBLIC EDUCATION. 

school district, and a majority vote shall determine. On petition of a 
majority of the heads of families or electors in two or more districts lying 
in different counties and having a total average attendance Of 100 or more, 
superintendent of county having majority of petitioners shall call an election 
to determine question of forming a joint union high-school district and a 
majority vote shall determine. Two or more contiguous high-school districts 
may be united in a union or joint union high-school district in a manner 
similar to the formation of such districts; on petition of a majorty of the 
heads of families or electors of a union high-school district such district may 
by county supervisors be annexed to an incorporated city or town high- 
school district. High-school board of a union or joint union district shall 
be composed of five members elected for terms of three years, one or two 
being elected each year as the case requires. A school district can not lie 
partly within a high-school district and partly without. Common-school 
district may, by county supervisors, be annexed to a high-school district on 
petition of a majority of the heads of families or electors of annexed dis- 
trict; if high-school bonded indebtedness exists, annexed district shall vote 
on assumption of its proportion. On petition of a majority of the heads of 
families or electors of a union or joint union high-school district and two- 
thirds of those of any school district which is a part thereof, county super- 
visors may exclude such school district from such high-school district. Super- 
visors shall lapse any high-school district whose average attendance for the 
whole year is 10 or less. On petition of two-thirds of heads of families or 
electors, county superintendent shall call an election to determine question 
of disincorporation of a high-school district, and a majority of two-thirds 
shall determine; on petition of two-thirds of members of high-school board, 
county supervisors may change the name of a high-school district. On peti- 
tion of 50 or more electors and taxpayers, county supervisors shall call an 
election on question of establishing a county high-school district and a 
majority vote shall determine; electors in an existing high-school district 
shall not vote at such election except on petition of two-thirds of electors 
residing in such district; county board of education shall be trustees of 
county high school. District, union, and joint union high-school boards shall 
meet on first Saturday in May, and shall hold monthly meetings at such 
times as fixed in rules; in union and joint union districts meetings may be 
held quarterly ; special meetings may be held at call of president or a 
majority of the board. Powers and duties of high-school boards shall be 
such as assigned to school boards; high-school boards may lease school- 
house; the board of any county, union, or joint union district may, with 
approval of county superintendent, provide transportation for pupils; high- 
school board shall determine location of school, but if they fail to agree 
county superintendent shall call an election to determine the location. Prin- 
cipal of high school may act as principal of elementary school; principal 
shall annually at close of school report under oath to county superintendent, 
who shall report under oath to State superintendent. High-school board 
may, and on petition of a majority of the heads of families must, call an 
election to determine the issuance of high-school bonds, which shall bear 
not more than 6 per cent interest and shall not run longer than 40 years; 
if two-thirds of those voting favor bonds, county supervisors shall issue; 
total amount of bonds shall not exceed 5 per cent of property valuation of 
district. County supervisors shall levy in the district a tax sufficient to pay 
interest and such amount of bonds as may become due during the year; in 
case of joint union districts burden of taxation is distributed to parts of 



N" (a). HIGH SCHOOLS. 659 

district in different counties in proportion to property valuation; on petition 
of a majority of tlie liigli-scliool board county supervisors may cancel bonds 
remaining unsold for six months; sale of bonds for county high schools 
shall be in the same manner as for other high schools. Course of study shall 
be prepared by, or under direction of, high-school board, and must, except 
in incorporated cities and towns, have approval of county board of educa- 
tion; course shall embrace a period of not less than four years, and every 
high school must offer at least one course to prepare for admission to the 
State university; instruction in athletics and military drill may be offered; 
high-school board shall adopt for not less than four years a list of text- 
books from list prescribed by State board of education ; post-graduate courses 
may be offered. Any graduate of an elementary school or a person other- 
wise fitted may attend any high school, but persons nonresident of high- 
school district may be admitted only upon agreement of the proper authori- 
ties as to terms of admission, etc. 

On recommendation of high-school board, county supervisors shall levy 
in the district a tax for site, building, etc., unless such shall have been 
acquired by lease or by the issue of bonds ; tax for high- school purposes shall 
not exceed 75 cents on $100, exclusive of bond and interest rate. High- 
school boards shall furnish county supervisors an estimate of amount of 
money required for maintaining the high school, and supervisors must levy 
tax in high-school district sufficient to carry out the purposes of such 
estimate; in counties not maintaining a county high school supervisors shall 
levy a tax to pay the net cost of educating high-school pupils not residing 
in high-school districts. State controller shall estimate the amount necessary 
for the support of high schools, such estimate to be on basis of $15 per pupil 
in average attendance; controller and treasurer shall set aside from State 
revenues amount estimated, which shall be " State high-school fund." State 
superintendent shall apportion one-third of fund among high schools without 
regard to enrollment or average attendance and the remaining two-thirds 
on basis of average attendance. 

A union high-school district may establish a public library; on application 
of 50 or more taxpayers, residents of such district, county supervisors shall 
order an election to determine question of establishing a "union high-school 
library district "' ; two-thirds of votes determine ; supervisors shall establish 
such district and place library in charge of trustees of high-school district; if 
election fails, another may be held after one year; trustees shall meet at 
least once a month, special meetings shall be held on call of two trustees. 
Poicers of doard: To make rules and regulations governing library; receive 
and hold in trust gifts, bequests, etc. ; appoint librarian and other officers and 
fix their duties, compensation, etc. ; purchase necessary books and other per- 
sonal property ; purchase necessary real estate and provide building, etc. ; 
require State officials to furnish State publications ; exchange books with other 
libraries; report annually to State librarian; designate hours when library 
shall be open. Trustees must submit to supervisors estimate of cost of estab- 
lishment and maintenance of library, but bonds may be issued for site, build- 
ing, etc. Supervisors shall levy a tax sufficient to establish and maintain 
library, which shall forever be free. Trustees may lend books to neighboring 
communities for reasonable compensation ; title to library property shall vest 
in the district. Trustees may. and on petition of 50 or more taxpayers and 
residents must, call election to determine the question of bond issue; two- 
thirds of voters determines issue; bonds shall not bear more than 6 per cent 



660 STATE LAWS RELATING TO PUBLIC EDUCATION. 

interest; supervisors shall levy a tax for the payment of interest and the 
redemption of bonds. A district may be dissolved by a two-thirds vote of the 
electors thereof. 

See also A (bl), State boards; A (f), Administrative units — districts, etc. 
Colorado: County high schools. — For high-school purposes counties of the 
State are divided into five classes; class four shall be divided into divisions 
A and B. On petition of 50 qualified electors in any county of the second, 
third, fourth, or fifth class, county superintendent shall, 20 days prior to a 
regular school election, give notice that at such election the question of 
organizing the county into one high-school district shall be voted upon; 
majority of votes cast shall determine; county superintendent shall canvass 
vote and announce the result. If vote carries, county superintendent shall call 
a meeting of district directors, who shall elect from among their number four 
persons who with county superintendent shall constitute the high-school com- 
mittee ; each member shall serve until the expiration of his term as a district 
director, and at such expiration of term school directors shall fill the vacancy ; 
other vacancies shall be filled by county superintendent. Each county high- 
school district shall be a body corporate. Powers and duties of high-school 
committee: To employ or discharge teachers and other employees and fix their 
wages and to fix tuition fees for nonresident pupils; enforce rules of State 
superintendent, fix course of study and adopt textbooks; provide furniture, 
etc. ; rent, repair, and insure schoolhouses ; build or remove schoolhouses and 
acquire sites; hold in trust all property of the district; suspend or expel 
unruly pupils; determine length of school term; furnish free textbooks to 
indigent pupils and to all pupils when directed by vote of the qualified 
electors of the district ; require all pupils to be supplied with suitable books ; 
exclude from schools and school libraries all publications of an immoral or 
pernicious tendency ; require teachers to conform to the law ; report annually 
to the county superintendent; report directly to the State superintendent 
when required by him ; admit pupils from other high-school districts, but said 
admission may be refused on the ground of insufficient room. High-school 
districts organized under this act shall have all the powers and duties of 
school districts of the first and second classes, but tax certified for county or 
union high-school purposes shall not exceed 4 mills on the dollar; county 
commissioners shall levy a tax of not exceeding 4 mills for county high 
schools or union high schools located at the county seat. No district shall 
be taxed without its consent for the support of more than one kind of high 
school ; a district maintaining a high school or composing a part of a union 
high-school district may by vote of its qualified electors be excluded from a 
county high-school district. 

Union high schools. — When the school boards of two or more contiguous 
districts deem it advisable to establish a union high school the county super- 
intendent shall call a meeting of the boards of districts interested, and said 
meeting shall elect from among their number three persons to compose a 
high-school committee; county superintendent shall be ex officio a member 
of said committee. If a county seat is included in a school district, the 
board of directors of such district may organize a high school under this 
act, and in such case the high-school committee shall be the local school board. 
High schools formed under this section shall be open to qualified children 
from all districts of the county. High-school committees herein provided for 
shall have all the powers of common-school boards. A union high-school dis- 
trict shall be entitled to draw from the general, State, and county funds its 
quota for attendance, and the deficit for support shall be made up from the 



N (a). HIGH SCHOOLS. 661 

several district funds in proportion to tlie number of pupils from each district. 
In counties of tlie fourth and fifth classes all school districts adjacent to an 
incorporated town or city may be organized with such town or city into a 
union high-school district; county commissioners shall for support of such 
school levy a tax in the district of not less than 1 nor more than 3 mills ; an 
outlying district not contiguous to an incorporated town or city may by a 
majority vote of the qualified electors thereof be added to any such union 
high-school district. Qualifications to enter union high schools shall be com- 
pletion of the eight elementary grades ; course of study shall be as proposed 
by a committee of five county superintendents. 

District lilgli schools. — School boards of districts of first and second classes 
may establish and maintain high schools. 

On petition of 50 qualified voters who are school-tax payers county super- 
intendent shall give notice of an election to be held in the high-school district 
to determine the question of providing high-school buildings, purchasing 
ground, or funding floating debts; majority of qualified electors voting at 
election shall determine; amount of bonds shall not exceed 2 per cent of 
property valuation of district; interest shall not exceed 6 per cent; bonds 
shall be registered by the recorder of the county. County commissioners 
shall levy a tax in said high-school district to pay interest and to provide 
for the payment of the principal; no change in the boundaries of a high- 
school district shall release the taxable real estate thereof from assessment. 
All high-school districts organized under the provisions of certain acts pro- 
viding for the establishment and support of high schools in counties of the 
fourth and fifth classes shall be subject to the provisions of this act. A dis- 
trict maintaining a high school or a union high-school district may vote to 
be excluded from a county high-school district. 

See also A (bl). State boards; A (d), District boards and officers; A (f), 
Administrative units — districts, etc. 
Connecticut: Any town may establish and maintain a high school within its 
limits. Any town not a consolidated district may choose by ballot a high- 
school committee of three, four, or five members, who shall have same 
powers and duties in relation to high school as district committees in relation 
to district schools. Boards of school visitors or tovni school committee, as the 
case may be, shall prescribe rules for the admission of students and for their 
studies, books, and classification ; they shall examine and certificate teachers, 
stating what subjects they are qualified to teach; visit such school at least 
twice during each term; may revoke a teacher's certificate for cause. In 
towns not having a town school committee the school visitors may appoint 
a high-school committee. Any town having no high school shall pay the 
tuition fees of any resident of said town attending high school in another 
town, with the consent of school visitors or town committee, if said school 
is approved by the State board of education ; every town shall receive from 
the State two-thirds of tuition fees paid, but not exceeding $30 per pupil 
annually; the State board of education may approve any incorporated or 
endowed high school or academy and tuition fees may be paid to such school 
as to public high schools; town not maintaining a high school shall pay 
for the transportation of its pupils who attend an approved high school 
elsewhere, and State shall reimburse said town to the extent of one-half, but 
not exceeding $20 per pupil. Town maintaining a high school may pay for 
the transportation of its high-school pupils within its limits. 
Delaware: See A (cl). County boards. 



662 STATE LAWS EELATIKG TO PUBLIC EDUCATION. 

Florida: See A (cl), County boards; K (c), Uniformity of textbooks; L (a), 
Course of study; P (a), Higber institutions, general. 

Georgia: See A (bl), State boards. 

Idaho: County commissioners shall, on petition of beads of a majority of 
families in two or more districts not having an incorporated city, call an 
election to determine question of uniting such districts in a rural high-school 
district ; districts shall vote separately ; county commissioners shall determine 
if a sufficient number of districts have signified their willingness to unite; 
such commissioners shall appoint a board of five trustees, one of whose 
terms shall expire each year for five years; thereafter qualified voters shall 
elect one member annually ; trustees shall be freeholders or heads of families ; 
regular meetings shall be held quarterly and special meetings may be called. 
Potvers: To supervise and visit the school; admit pupils above the eighth 
grade and fix nonresident tuition fees ; employ teachers and fix their salaries ; 
make regulations, suspend or expel pupils, and fix term of school at 7 to 10 
months; hold real estate, locate and provide schoolhouse, etc.; provide a 
course of study which shall be approved by the State board of education, 
which shall extend not longer than four years and include instruction in 
manual training, household arts, nature study, and the elements of agricul- 
ture; estimate amount of tax for school and report to county commissioners, 
which amount may include cost of transportation of students, creation of 
sinking fund, etc. ; call special elections to vote amount of money needed for 
buildings and like purposes. Duties of officers shall be similar to those of 
other school officers, but clerk shall certify quarterly to county superintendent 
number of teachers employed. Two-thirds of qualified voters of district may 
vote bonds not exceeding 2 per cent of property valuation. Rural high schools 
shall be under supervision of State board of education. 

There is established in Pocatello the Academy of Idaho, the purpose of 
which shall be to teach all branches commonly taught in academies, includ- 
ing common-school branches and business courses. State board of education 
is board of trustees; 40,000 acres of land granted by United States are set 
aside for use of academy ; funds shall be controlled by State board of educa- 
tion. Trustees shall elect principal and teachers, fix their salaries, and may 
dismiss them ; they shall prescribe the course of study and issue suitable 
certificates and diplomas; they shall prescribe textbooks and provide suitable 
furniture and apparatus; they shall make rules for the admission of pupils 
and fix nonresident tuition fees. Expenses of members incurred in carrying 
out provisions of this act shall be paid. President and secretary of board 
shall report semiannually to governor. 

See also A (bl). State boards; A (d). District boards and officers; A (f). 
Administrative units — districts, etc. ; B ( a )., General State finance and sup- 
port; E (b). Teachers' certificates, generaL 

Illinois: On petition of 50 or more legal voters in any school township having 
between 1,000 and 100,000 inhabitants an election shall be ordered by county 
superintendent to determine the question of establishing a township high 
school in said township; majority of votes cast shall determine; this act 
shall apply to all townships having a population of 1,000 to 100,000, whether 
operating under the general or a special law. If vote carries, a township 
high-school board, consisting of a president and six members, shall be elected, 
and such board shall have all the rights, powers, and duties of school boards 
under the general law. 

On petition of 50 legal voters of a township, the township treasurer shall 
give notice that at the next regular election the question of establishing a 



N (a). HIGH SCHOOLS. 663 

township high school will be voted on; majority vote shall determine. A 
township high-school board of five members shall be elected by qualified voters ; 
term, three years, two or one, as the case requires, being elected each year; 
board shall elect one of its members president and another secretary. Two 
or more townships or two or more districts may unite for the purpose of 
establishing a high school ; parts of adjoining townships may so unite ; pro- 
cedure shall be by petition and election, as in the case of township high 
schools. Any school district having a population of 2,000 or more may estab- 
lish and maintain a high school, elect a board of education therefor, and 
le^T taxes as township high schools; such high-school district shall be sepa- 
rate and distinct from the common-school district having the same boun- 
daries. A city having a population of between 1,000 and 100,000 and lying 
in two or more townships shall, with the township containing the majority 
of its inhabitants, constitute a school township for high-school purposes. For 
the purpose of providing schoolhouses and supporting schools the territory 
for which a high school is established shall be regarded as a school district, 
and the board thereof shall in all respects have the powers and duties of 
school directors. A high-school district may be discontinued by a majority 
of the votes cast at an election called on petition of a majority of the legal 
voters of the district. Each of two towns divided by a navigable stream and 
having a population of between 1,000 and 100,000 shall constitute a township 
for high-school purposes. A township or part of a township having no high 
school may be annexed to another township having a high school; on peti- 
tion of 5 per cent of the voters of the territory to be annexed and of the 
township to which annexation is desired, the question shall be voted on by 
the qualified voters thereof, and a majority of votes cast shall determine. 
Majority of votes cast at a regular election shall determine whether a 
manual-training department shall be established in a high school. 

See also E (b). Teachers' certificates, general. 
Indiana: In any township having taxable property of more than $600,000, 
wherein there is no high school and wherein there have for two years been 
eight or more resident graduates of the elementary schools, township trustee 
may establish a high school or a joint high school and elementary school; 
whenever a majority of the persons in charge of children enumerated for 
school purposes petition the trustee of said township to establish such a 
school, said trustee shall establish and maintain the same; in such a town- 
ship, if there is no high school within 3 miles of its boundaries, said trustee 
shall establish and maintain such school. 

The elementary schools shall include the first eight years of school work; 
commissioned high schools shall include four years' work following the ele- 
mentary school; course in noncommissioned high schools shall be such as 
fixed by the State board of education. Branches required in commissioned 
high schools: Commercial arithmetic, algebra, geometry. United States his- 
tory, general history, commercial or physical geography, composition and 
rhetoric, English and American literature, Latin or German, biology, physics 
or chemistry. School board may, subject to approval of State board of edu- 
cation, add other branches. 

See also A (c2), County officers; A (d). District boards and officers; A (f). 
Administrative units — districts, etc.; D (a). Buildings and sites, general; 
E (b). Teachers' certificates, general; H (e). Consolidation of districts, etc.; 
I (e), School fraternities; K (c). Uniformity of textbooks; L (a), Course 
of study; L (j), Agriculture. 



664 STATE LAWS EELATING TO PUBLIC EDUCATIOIT. 

Towa: On petition of one-third of the electors of any county, the county board 
of supervisors shall order an election to determine the question of estab- 
lishing a county high school and the amount of tax necessary to erect build- 
•ings; if a majority of votes cast favor such high schools and tax, board of 
supervisors shall appoint six trustees, who, with county superintendent, shall 
constitute a board of trustees of county high school. Succeeding trustees 
shall be elected at general election; term, four years, three being elected 
every two years; vacancies shall be filled by county board of supervisors; 
the board shall select site and provide building, cost not to exceed tax voted ; 
it shall also annually submit to board of supervisors the amount of funds 
necessary for improvements, teachers' salaries, and contingent expenses, and 
tax of not exceeding 2 mills on the dollar shall be levied ; it shall elect prin- 
cipals and teachers and fix their salaries. Board shall apportion to each 
school corporation of the county the number of pupils which it is entitled 
to send to said school tuition free; it shall fix tuition fees for others than 
those apportioned. County high schools may be established by a majority of 
votes cast at an election. 

Any person of school age who resides in a school corporation which does 
not maintain a four-year high school and who has completed the course as 
approved by the department of public instruction for such corporation may 
attend any public high school or county high school, similarly approved, that 
will receive him ; said person shall present certified proof of school age and 
residence, and shall present a certificate from county superintendent show- 
ing proficiency in common-school branches. Corporation of pupil's residence 
shall pay tuition and contingent expenses not to exceed $3.50 per month and 
for not exceeding four years. No school corporation of a county main- 
taining a county high school shall be compelled to pay tuition at any other 
than county high school, except in cases where pupils reside at home and 
attend some school of a corporation other than that in which they reside, 
in which event the tuition shall not exceed $2 per month. 

See also A (d), District boards and officers; G (c), County and local nor- 
mal schools; I (e), School fraternities. 

Kansas: School districts in counties not maintaining a county high school 
may levy a tax sufficient to pay tuition of pupils desiring to attend a high 
school in the county or in any adjoining county. It shall be unlawful for 
pupils of high schools to participate in or be members of a secret fraternity 
or organization in any degree a school organization. 

County high schools in counties having a population of over 6,000. — Each 
county having a population of 6,000 or over may establish a county high 
school ; on petition of one-third of the qualified electors of the county, or 
when county commissioners think proper, said commissioners shall order an 
election to determine question of establishing a county high school ; majority 
YOte shall determine. If vote carries commissioners shall appoint six persons, 
who, with county superintendent, shall constitute a board of trustees; there- 
after such trustees shall be elected at general election; term, four years, 
three being elected every two years; superintendent shall be president, and 
board shall elect a secretary and a treasurer from among their number. Trus- 
tees shall annually levy for support of such high school a tax of not exceeding 
one-half of 1 mill on the dollar ; three-fourths of a mill may be levied in coun- 
ties having high schools established prior to 1901 and not having a property 
valuation of more than $30,000,000. Board of trustees shall choose site at 
place determined by vote of the people, and shall provide building, equipment, 
etc.; they shall elect principal and teachers. Three four-year courses shall 



N (a). HIGH SCHOOLS. 665 

be offered — general course, normal course for preparation of teachers, and a 
college-preparatory course. Instruction shall be free to residents of the 
county, but pupils entitled to enter shall have completed the common-school 
course. If accommodations permit pupils not residents of the county may 
be admitted on payment of tuition fixed by board. Trustees shall appoint 
one competent person who, with principal and county superintendent, shall 
constitute an examining committee of teachers for such school ; no person 
except one holding a State diploma or certificate or a diploma from the State 
university. State normal school, agricultural college, or an accredited college 
or university shall teach in a county high school, unless such person shall 
hold a certificate from said examining committee. Graduates of normal 
course shall be entitled to a second-grade certificate or to enter first year of 
professional work at State normal school without further examination; 
graduates of collegiate course shall be entitled to enter freshman class of 
State university or agricultural college. Trustees shall report annually to 
county commissioners. Commissioners shall fill vacancies in board. Trustees 
shall each receive $3 per day and 5 cents per mile traveled when attending 
meetings. 

County high schools in counties having a population of less than 6,000. — 
County commissioners in any county having less than 6,000 population may 
contract with school district at county seat to maintain high-school grades; 
on petition of a majority of electors, such commissioners shall call an election 
and majority vote shall determine whether said contract shall be hiade. 
State board of education shall prescribe course of study. Graduate may be 
admitted to any State institution without further examination. County com- 
missioners may employ teachers in addition to those employed by the district 
at county seat. Such high school shall be free to all persons of school age in 
the county. Bonds may be issued for providing schoolhouse on being voted 
by majority vote of electors. Provisions of this act shall not apply to counties 
having a city of the first class. 

Barnes high schools. — In every county in which one or more school districts 
or cities of less than 16,000 population maintain high schools with courses 
admitting those completing the same to the freshman class of the State 
university, the county commissioners shall levy, for purpose of creating a 
high-school fund, a tax of not less than one-fourth of 1 mill ; in county of less 
than 4,000 population, which maintains only one high school under the provi- 
sions of this act, levy may be one-half of 1 mill ; levy shall not exceed three- 
fourths of a mill in any county, nor one-half of 1 mill in a county having a 
valuation of $30,000,000 or more; such high-school fund shall be apportioned 
to the districts maintaining high schools under this act in proportion to the 
cost of maintaining the same; when a high school is maintained in a joint 
district lying partly in a county not having taken advantage of Barnes High- 
School Act, such part of such district shall bear its proportion of expense of 
maintaining high school by sufficient tax levy. Principal shall report an- 
nually to county superintendent. County superintendent shall report average 
attendance to county clerk and certify amount necessary for maintenance to 
county commissioners, who shall make levy within prescribed limits. Tuition 
shall be free to all pupils of the county. At least two courses shall be offered, 
a college preparatory course and a general course. Cities having more than 
16,000 inhabitants and counties having county high schools are exempt. 
This act shall not take effect in any county until adopted by a majority of 
the voters voting thereon. 

County aid in counties having a population of less than 10,000. — County 
commissioners shall provide aid for high schools in counties having less 



666 STATE LAWS RELATING TO PUBLIC EDUCATION. 

than 10,000 population, but in county of less than 3,000 only one school 
shall be aided and that at county seat; such aid shall be granted only on 
petition of a majority of the school electors. County commissioners shall 
levy a tax of not to exceed 1 mill in counties of 3,000 population or less 
and not to exceed one-half mill in counties of more than 3,000. Course of 
study shall be as prescribed by State board of education; tuition shall be 
free to all persons of school age in the county ; such schools shall be under 
supervision of county superintendent and district board. Counties main- 
taining county high schools and those operating under the Barnes High- 
School Act shall be exempt. 

Township high schools. — The legal electors of a township in which there 
is no incorporated city of over 300 population may establish and maintain 
a high school in such township ; on petition of over one-third of legal 
voters, township board shall call an election to determine question of es- 
tablishing such high school and voting bonds therefor, but this act shall 
not apply to counties having less than 10,000 population; if proposition 
carries, a board of trustees consisting of director, a clerk, and a treasurer 
shall be elected; county superintendent shall have supervision over such 
school; tuition shall be free to residents of township; county superintendent 
shall prescribe course of study; when accommodations are suflacient, pupils 
from outside the township may be admitted on payment of tuition fee fixed by 
board. Township high-school board shall annually levy tax to support such 
school but not to exceed 4 mills on the dollar. 

See also A (f). Administrative units — districts, etc.; G (b), State normal 
schools; G (c), County and local normal schools; K (c), Uniformity of text- 
books. 

Kentucky: See A (d), District boards and oflicers; A (f). Administrative 
units — districts, etc.; E (b). Teachers' certificates, general; K (c). Uni- 
formity of textbooks; P (c), State universities and colleges. 

Louisiana: See A (bl), State boards; A (b2), State officers; A (cl), County 
boards; A (c2), County officers; E (b), Teachers' certificates, general; K 
(c). Uniformity of textbooks. 

Maine: High schools are classified as follows: Class A, four-year course of 36 
weeks ; approved equipment ; at least two teachers ; town, precinct, or union 
must expend annually at least $850, exclusive of tuition-fees. Class B, at 
least a two-year course of 36 weeks ; approved equipment ; town, precinct, or 
union must expend at least $500. Class C, four-year course of 30 weeks; 
town, precinct, or union must expend at least $450. Town, precinct, or 
union shall be reimbursed by State two-thirds of amount expended for high 
school, but State aid shall not exceed $500 in one year. State superintendent 
may expend $2,000 annually for inspection " of schools of secondary grade. 

No town shall receive State aid for high school unless expenditure for such 
school has been exclusive of amount required for common schools; any town 
may establish not exceeding two high schools and State aid shall be as for one 
school ; two or more towns may unite to establish high school and State aid 
shall be same as if one town maintained school ; any town may, in addition to 
tax for common and high schools, levy tax for transportation of secondary 
pupils; town may receive and hold gifts and bequests and in such case shall 
receive State aid on same conditions as if funds had come by taxation ; in- 
habitants of any section of a town not providing high school may organize a 
high-school precinct of part of the town, but not more than two high schools may 
be organized in any town ; State aid to precincts shall not exceed what town 
would have received ; sections of adjoining towns may unite in like manner ; 



N (a). HIGH SCHOOLS. 667 

town, precinct, or union of towns may locate liigh school or vote that terms 
thereof be held alternately at places selected ; course of study shall embrace 
studies commonly taught in secondary schools, but ancient and modern lan- 
guages and music shall not be taught except by direction of school committee; 
school shall be free to all pupils residing within the high-school district; 
superintendent or school committee shall provide for examination of candi- 
dates for admission ; school established in precinct shall be free to all within 
precinct and open to all within the town on payment of tuition fee; school 
committee may admit nonresident pupils on payment of tuition fee when num- 
ber of pupils may be increased without detriment. Towns and precincts may 
raise money for high schools in same manner as for common schools. Town 
not maintaining free high school of standard grade may authorize the school 
committee to contract with committee of an adjoining town or with an 
academy to pay for tuition of pupils of said town who attend school in such 
adjoining town or academy. Any youth of a town not maintaining a standard 
high school may attend any approved secondary school to which he may gain 
entrance by permission of those having charge thereof ; tuition fee of not 
over $30 shall be paid by town in which he resides; such youth shall have 
successfully completed common-school branches as shown by examination by 
superintendent with papers prepared by State superintendent; any youth 
who has completed course of B or C class high school shall be entitled to free 
ttiition to complete four-year course and shall be excused from examination 
to enter such four-year school; school committee shall report annually be- 
fore September 1 to State superintendent amount of tuition paid and for 
whom and to what school paid; State shall reimburse town to extent of two- 
thirds of amount paid, not exceeding $500. Superintendents shall report an- 
nually before July 1 to State superintendent amount expended for free high 
schools, also other statistics of such schools and of common schools; if State 
superintendent is satisfied high-school law has been complied with, he shall 
certify to governor and council amount to which each town or precinct is 
entitled from the State ; any town or precinct may appeal from superintend- 
ent to governor and council. Clerk of high-school precinct shall certify to 
town assessors amount voted for high school in such precinct and amount 
so voted shall be levied and collected; assessors may add not exceeding 5 
per cent to sum so certified ; expense of levy and collection shall be paid out 
of precinct funds. Trustees of an academy or corporation formed for educa- 
tional purposes may surrender the whole or any part thereof to the municipal 
officers of a town for high-school purposes. An approved incorporated academy 
prepared to give instruction equivalent to that required by law to be given 
in free high schools shall be entitled to State aid as follows : Not over $500 
for English course ; not over $750 for English course and college preparatory 
course ; not over $1,000 for English course, college preparatory course, and a 
training course for teachers ; such courses shall have approval of State super- 
intendent ; State aid shall not exceed total income of institution, and such 
institution shall expend an amount at least equal to State aid; instruction 
shall be given for at least 30 weeks ; average attendance of at least 12 must 
be maintained in course for which aid is claimed ; State superintendent shall 
certify to governor and council necessary facts regarding academy; no town 
shall receive State aid for pupils attending an academy if a standard-grade 
high school is maintained in such town; no academy shall receive State aid 
if average attendance of less than 30 for five years is maintained; no acad- 
emy shall receive State aid exceeding $500 if average attendance of less than 
60 is maintained; no academy shall receive State aid if it has income from 



668 STATE LAWS RELATING TO PUBLIC EDUCATION. 

invested funds of $1,600 or more, and not exceeding $500 shall be allowed if 
It lias sucli income of $1,000 or more; institutions receiving aid shall report 
to State superintendent. 

Any youth residing in an unorganized township may attend any approved 
secondary school to which he may gain entrance in any part of the State; 
State shall pay tuition not exceeding $30. 

See also A (f), Administrative units — districts, etc.; O (a), Industrial edu- 
cation, general. 

Maryland: Board of county school commissioners shall have authority to estab- 
lish and control high schools, subject to the approval of the State board of edu- 
cation ; they shall be divided into two groups. Minimum requirements of first 
group: (a) Eighty pupils; (&) not less than four teachers, exclusive of spe- 
cial instructors; (c) four years' course of not less than 36 weeks each, same 
to conform to standard of State board; (d) annual salary of principal shall 
be not less than $1,200, increasing with years of experience up to $1,500; 
salary of assistant teacher shall be not less than $500 and increase to $800; 
(e) provisions to be made for manual training and domestic science, also for 
commercial or agricultural course; (/) teachers must be passed on by State 
board. Minimum requirements of second group: (a) Thirty-five pupils; (6) 
two teachers besides special instructors; (c) three-years' course of not less 
than 36 weeks each; (d) salary of principal not less than $1,000 and raising 
to $1,300, of assistant teachers not less than $500 and raising to $800 ; (e) pro- 
vision for manual-training or agricultural or commercial course; (/) teachers 
must be passed on by State board. Courses in schools of second group may 
be extended to four years when adtitional expense is met by county board; 
in that case graduates of each group shall receive same recognition. County 
board may inaugurate in one approved high school a two-years' teachers' 
training course. State superintendent shall inspect high schools annually, 
prepare lists of same, designate the group of each, and the amount of State 
aid to which it is entitled ; any high school receiving aid under this act shall 
forfeit its right to aid under any other act, but appropriations made prior to 
1872 and chargeable to the academic fund shall not be affected. 

High schools of group 1 shall receive aid : Six hundred dollars on account of 
principal, $300 on account of each of first three assistants, $400 on account of 
each of two special teachers (commercial, manual-training, domestic-science, 
or agricultural branches), $100 on account of each additional grade teacher, 
total not to exceed $2,500. Group 2 : Six hundred dollars for principal, $400 for 
one assistant teacher, $400 for special teacher; each of four high schools of 
Baltimore shall receive an amount equal to the maximum amount received 
by any high school in the counties. County board shall submit to county com- 
missioners list of all high schools in county, with itemized statement of cost 
of maintenance, and county commissioners shall make separate levy for high 
schools. Certificates or diplomas shall show group, course, and number of 
years ; graduates of four-years' course shall be admitted without examination 
to any institution receiving financial help from State. State board shall pre- 
pare course of study. 

See also P (c), State universities and colleges. 

Massachusetts: Every city and town containing 500 families or householders 
shall, unless specifically exempted by the State board of education, and any 
other town may, maintain a high school, adequately equipped, taught by 
legally qualified teachers, who shall give instruction in such of prescribed 
subjects as the school committee may determine; any high school maintained 
by a town required to belong to a superintendency union shall be maintained 
in accordance with standards approved by the State board; one or more 



N" (a). HIGH SCHOOLS. 669 

courses of study shall be malntaiued in each such high school, and such 
high school shall be kept open for at least 40 weeks in each year. A town 
may give instruction in a portion only of the foregoing requirements if it 
makes provision for the others in the high school of another town or city. A 
town not maintaining a high school shall pay the tuition of any child who 
resides in said town and who, with the previous approval of the school com- 
mittee of his town, attends the high school of another town or city; if such 
town neglects or refuses to pay such tuition it shall be* liable in an action 
of contract: a town whose valuation is less than $1,000,000 shall be entitled 
to receive from the State treasury all amounts expended for high-school tui- 
tion, and a town whose valuation exceeds $1,000,000, but whose number of 
families is less than 500, shall be entitled to receive from the State treasury 
half of all amounts so expended under the provisions of this act if such 
expenditures shall be certified under oath within 30 days after such expendi- 
ture. If a town of less than 500 families maintains a high school and em- 
ploys at least two teachers therein, it may receive from the State treasury 
$500 for the same, but no town, the valuation of which averages a larger sum 
for each pupil in the average membership of its schools than the correspond- 
ing average for the State, shall receive such money; no high school shall 
receive any such money unless approved by the State board. A town not 
supporting a high school shall pay the transportation of any child of said 
town who, with the previous approval of the school committee of the town, 
attends the high school of another town or city, such amount not to exceed 
$1.50 per week per child; if any town fails to pay such transportation, it 
shall be liable in an action of contract; a town which has expended for 
support of public schools an amount from local taxation during preceding 
year of not less than $4 and less than $5 per $1,000 of valuation shall receive 
from the State treasury one-half of amount expended for transportation un- 
der provisions of this act; and a town which has expended likewise at least 
$5 per $1,000 of valuation shall receive from the State treasury the whole 
of such transportation. No person shall be eligible to teach a high school 
aided directly by the State who does not ];iold a high-school teacher's certificate 
issued by the State board; the State board shall define the conditions on 
which high-school teachers' certificates shall be given and held, and to grant 
such certificates to candidates found qualified by examination or otherwise; 
a list of holders of high-school teachers' certificates shall be kept on file by 
the commissioner of education, and sent to superintendents and school com- 
mittees at their request. 

Two adjacent towns, each having less than 500 families or householders, 
may vote to form a union high-school district for establishing a high school ; 
the school committees of such towns shall elect one person from each of 
their respective boards to form the committee of control of such school ; 
such committee shall determine the location of the schoolhouse, if one is 
authorized, otherwise it shall authorize the location of such school alter- 
nately in the two towns; the proportion to be paid by each town for the 
erection of a permanent schoolhouse for such school, and its support, unless 
otherwise agreed, shall be according to its proportion of county tax. 

See also A (d), District boards and officers; B (c). Permanent State school 
funds; H (f). Compulsory attendance; L (i), Manual and industrial educa- 
tion; O (a), Industrial education, general. 
Michigan: Upon petition of not less than one-third of the taxpayers of any 
township not having within its limits an incorporated city or village, the 
township board shall submit to the qualified electors the question of etsablish- 
ing a rural high school ; if more votes are cast for than against such school, 



670 STATE LAWS RELATING TO PUBLIC EDUCATION. 

a board of three trustees shall be elected ; term, three years, one being elected 
each year; township clerk shall be ex officio a member and clerk of the 
board, and township treasurer shall be ex officio member and treasurer. Reg- 
ular meetings shall be held quarterly, and special meetings may be held. 
Powers: To supervise and visit the school; admit all children of the town- 
ship above the sixth grade and fix nonresident tuition fees ; adopt textbooks ; 
employ teachers; fix wages and make regulations for the control of the 
school; provide site and building and hold gifts in trust; provide course of 
study, which must have approval of State superintendent and president of 
the Michigan Agricultural College, and which may include normal training, 
domestic arts, and agriculture, and which shall not consist of more than 
four years ; estimate amount of tax necessary to support such school ; publish 
annually a report in a newspaper of the township or county; call meetings 
of the township to vote taxes for building and site and for other necessary pur- 
poses. Secretary, who shall receive not exceeding $50 per annum, shall keep 
records and report annually to State superintendent. A majority of taxpayers 
shall determine amount, not to exceed $5,000, to be expended for buildings 
and grounds, and may bond the township for the same. Said high schools 
shall be under the supervision of the county commissioner of schools. 

See also A (b2). State officers; A (f), Administrative units — districts, etc.; 
R (b), Corporations of educational character. 

Minnesota: The State superintendent, president of the State university, presi- 
dent of board of normal school directors, the superintendent or principal of 
a high school, and one other person appointed by the governor and confirmed 
by the senate, shall constitute the State high-school board. The board shall 
be entitled to actual necessary expenses but no compensation. Poivers and 
duties: To establish rules relating to examinations, reports, acceptances of 
schools, and courses of study; enforce maintenance of an optional English 
or business course equivalent to preparatory collegiate course, but local 
school boards may substitute studies for those so prescribed by State board ; 
extend privileges of State high-school board examinations to private schools ; 
determine those high schools entitled to State aid, but not more than nine 
in any one county in any one year; make full annual report to State super- 
intendent; appoint a high-school and graded-school inspector and assistant 
inspectors and examiners, and fix their compensation, but no person receiving 

- a salary from a State institution shall receive compensation under this pro- 
vision, and pay of examiners shall not exceed $3 per day. High-school 
inspector or an assistant shall Inspect every high school once a year and 
immediately make a written report thereon. Graded-school inspector and 
his assistants shall perform like duties in respect to graded schools. State 
board may empower county superintendents to examine schools in their 
counties. County superintendent in turn may appoint assistant examiners 
in county. 

See also B (d). State taxation for school purposes; B (e). State aid for 
elementary education. 

Mississippi: See A (f). Administrative units — districts, etc.; F (b), Teachers' 
salaries. 

Missouri: State aid to high schools of town, city, or consolidated districts 
may be granted as follows : Eight hundred dollars per year to district whose 
valuation is less than $300,000 ; $600 for $300,000 to $400,000 ; $400 for $400,- 
000 to $600,000; $200 for $600,000 or more. Conditions of such aid: That 
district is a town, city, or consolidated district and has six directors ; that it 
has levied for teachers and incidentals the maximum tax provided by law; 



N (a). HIGH SCHOOLS. 671 

tMt it maintains an approved high school and employs a principal; that it 
pays each teacher at least $40 per month ; that it admits nonresident pupils 
for a reasonable fee; that high-school average attendance for previous year 
has been 15 or more ; that it gives an approved course of at least one year in 
agriculture. Said aid shall not exceed one-half of high-school teachers' sal- 
aries; no district receiving other high-school aid shall receive aid under this 
act. Any town, city, or consolidated district situated in any county in which 
there is no school district whose assessed valuation is more than $300,000 
may be granted State aid of $800 to maintain a high school. Conditions: 
That no approved high school in the county maintains an average attendance 
of 15 pupils; that it is organized as a town, city, or consolidated district; 
that it has levied for teachers and incidentals the maximum provided by law ; 
that it proposes to maintain a high school of at least the third class for eight 
months ; that it employs a competent principal ; that it will admit nonresident 
pupils for a reasonable tuition fee. State superintendent shall annually set 
aside for the purposes of this act not exceeding 5 per cent of the State school 
funds. In case such 5 per cent is not sufficient to permit of granting all appli- 
cations, district not having over $300,000 valuation in counties having no 
districts of over $300,000 valuation shall be first aided and remainder shall 
be prorated among other districts. 

See also A (b2), State officers; A (f). Administrative units — districts, etc.; 
E (b), Teachers' certificates, general; G (c), County and local normal 
schools; H (e), Consolidation of districts, etc.; K (c), Uniformity of text- 
books. 
Montana: On petition of 100 freeholders to county commissioners, election 
shall be called to determine question of establishing county high school and 
location of such school ; by petition, 50 freeholders may place any town or 
village in nomination for location of school. Board of trustees, seven mem- 
bers : County superintendent and six appointed by county commissioners; 
term of appointive members, three years ; four regular meetings annually and 
special meetings when necessary, but not to exceed two In a month. Potvers 
and duties : To keep record of official acts, warrants issued, etc. ; select site 
at place designated by vote of people, provide building, etc. ; employ for term 
of not exceeding three years a principal with same qualifications as city 
superintendent, except that not more than three years' experience as a teacher 
shall be required ; emptloy such teachers as necessary ; adopt, on recommenda- 
tion of principal, a course of study, such course to contain work provided for 
high schools accredited by State board of education; admit without tuition 
fees pupils residing in county who have completed elementary grades ; admit 
pupils from other counties on payment of tuition fees. Trustees shall serve 
without compensation, but traveling expenses shall be paid those not residing 
at place of meeting. On estimate of trustees, county commissioners shall 
levy a tax for support of school, but not to exceed 3 mills unless a building is 
to be erected, then not to exceed 10 mills. For securing site and erection of 
buildings bonds may be issued when authorized by vote of the people. A 
district maintaining a high school in a county having a high school shall be 
entitled to a refund of county high-school moneys in proportion to number of 
years of high-school work maintained in such district. 

See also A (bl), State boards; A (d), District boards and officers; E (b), 
Teachers' certificates, general; G (d), Teachers' institutes and summer 
schools; H (c), School year, month, day, etc.; O (a), Industrial education, 
general. 



672 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Nebraska: Pupils of any district not supporting higli-scliool grades shall be 
entitled to attend, free of charge, high schools of other districts, provided 
that such pupils possess certificates from county superintendent showing fit- 
ness for such work; such certificates shall be issued upon the satisfactory 
completion of each high-school year. Any public-school district unable to 
furnish accommodations to nonresident pupils without unreasonable expense 
thereby may refuse admission to such pupils. Each district granting free 
public high-school education to nonresident pupils shall receive 75 cents for 
each week's attendance by each nonresident pupil from the district where 
parent or guardian of such pupil resides, but if district in which such parent 
or guardian resides is not able to maintain nine months of school, said district 
shall not be liable for such tuition. The parent or guardian of any pupil 
desiring such free high-school education shall make a written application to 
county superintendent in June of each year, giving all necessaiy information 
concerning such pupil ; a tax shall be levied in those districts sending pupils 
to other districts for high-school education for purpose of paying the tuition 
of such pupils: in case such free high-school fund shall not be voted at the 
annual school meeting, the school district board shall estimate such tax levy 
and see that the same is collected ; in case the district school board shall fail 
to make such levy, the county superintendent shall see that the same is made. 
Any two or more adjoining districts in any county may unite for the 
purpose of forming one high-school district and maintaining one high school ; 
the proposition to so unite shall be submitted at the annual meeting or at 
a special meeting called for the purpose, and shall require for its adoption 
a majority of voters present at such meeting in each district to be affected ; 
after any such high-school district has been established, if an adjoining 
common-school district shall desire to unite with such high-school district, 
the same may be done by a majority vote in the majority of the school 
districts so united, or if but two districts, in each ; notice of such acceptance, 
by the president of high-school district to the moderator of the common- 
school district, shall operate as official proclamation of incorporation of 
common district in high-school district ; the moderators of the districts 
forming a high-school district shall constitute the board of trustees of such 
high-school district when number of districts so joined shall exceed two; 
if number of such districts shall be two only, trustees shall elect third 
member, who shall within 10 days file written acceptance with trustees; 
trustees shall annually elect one of their number chairman, another clerk, 
and a treasurer who may or may not be one of their number ; trustees may 
elect member to fill vacancy until same can be regularly filled. Trustees 
shall have all the power of district school boards, but where the law requires 
consent of voters in school district, the trustees of high-school district must 
be authorized by the votes of meetings of a majority of the districts so united, 
or if the districts are two only, of each of them. The powers and duties 
of the high-school district officials shall be the same, as near as may be, 
as those of a school district, except no census of high-school district shall 
be required to be taken, and contracts with teachers shall require sanction 
of a majority of the trustees. Course of study of such high schools shall 
conform to the general course of study and graduation prescribed by State 
superintendent. The expenses of maintaining such high schools shall be 
borne by the several districts united for that purpose, in proportion to 
their assessed valuation; at high-school meeting, tax shall be fixed by a 
majority vote of electors of several districts present ; such tax levy shall be 
certified to county clerk, and clerk shall certify the number of mills to be 



N (a). HIGH SCHOOLS. 673 

levied to the county board; in case of no action on tax levy at high-school 
meeting, the trustees of such school shall certify the necessai-y levy to the 
county clerk; sum of bonds for erection of high-school building shall in 
no year exceed 75 per cent of the aggregate expense of maintaining all 
the common schools of the districts so united for high-school purposes. When 
authorized by a two-thirds vote of all voters present at an annual or special 
meeting in a majority of the school districts so united, or if there be but 
two districts so united, in each, the trustees may issue bonds for purpose of 
building and furnishing or the improvement of a high-school building ; bonds 
so issued shall not when added to the bonded indebtedness of the several 
districts so united for high-school purposes exceed 10 per cent of the aggre- 
gate assessed valuation of the several school districts. 

Any county may establish a high school; grades above the eighth shall be 
deemed high-school grades ; course of study shall be the Nebraska High School 
Manual, or a course approved by State superintendent and in addition there 
shal be taught in ninth and tenth grades, manual training, domestic science, 
and elements of agriculture and in the eleventh and twelfth grades normal 
training and theory and practice of agriculture; board of regents shall pro- 
vide necessary equipment ; county board shall purchase not less than 5 acres 
of land for agricultural purposes for such school. The county board of any 
county not having a twelfth-grade high school accredited to the State uni- 
versity, shall call directors of several districts together to elect board of 
regents and provide for organization of county high school ; such school shall 
be located at the county seat. Whenever 100 freeholders of any county shall 
petition the county board, requesting that a county high school be established 
in said county, said board shall immediately call a special election to deter- 
mine the same. County high school shall be governed by board of five 
regents, one elected each year, term, three years; regents shall be chosen 
,by the directors of the various districts of county; regents may fill any 
vacancy occurring in their board ; county treasurer shall be treasurer of 
board of regents ; county superintendent shall be secretary of such board. 
Regents shall have power to employ a superintendent for term of three years 
and assistant teachers for a term of two years, and other employees, and 
fix their compensation and prescribe their duties; remove appointees; adopt 
books; and purchase fuel. Regents shall annually make estimate of all 
funds needed for such high schools, and county board shall levy such taxes 
as are required, but in no case shall the aggregate tax for the county high 
school, exclusive of levy for paying the principal and interest on bonds, 
exceed 5 mills on the dollar of assessed valuation of property of county. 
Secretary of board of regents shall keep careful record of proceedings of 
board. Treasurer of board of regents shall keep a separate account of 
county high-school funds, and shall pay such, funds out only on warrants 
signed by president and countersigned by the secretary of board of regents, 
and attested by seal of county. Board of regents shall receive no compensa- 
tion except for actual expenses incurred in attending upon meetings; secre- 
tary and treasurer shall have right to vote at such meetings ; meetings shall 
be annual, but president may call special meetings. Regents are authorized 
to issue certificates and diplomas to students, and the same, when so desig- 
nated by the State superintendent, shall entitle the holder to teach in county 
without further examination for space of three years. Any district support- 
ing any grade above eighth grade shall be exempt from taxation for support 
of any county high school. Nonresident pupils may be admitted to county 
high school if conditions shall permit, upon payment of tuition. The county 

3966°— 15 i3 



674 STATE LAWS RELATING TO PUBLIC EDUCATION. 

board of commissiouers may borrow money on bonds which they have been 
authorized to issue for the purpose of purchasing sites, and constructing and 
equipping buildings for county high schools; rate on such bonds shall not 
exceed 6 per cent, and time of maturity shall not exceed 30 years; said 
bonds may be made optional on any interest-paying date. No such bonds 
shall be issued until a petition signed by at least one-third of voters of each 
precinct or township of county shall be presented to county board asking 
for the same ; all facts concerning proposed bond issue shall be incorporated 
in petition; county board in calling election on same, shall give due notice. 
Every person, male or female, who has resided in State six months, county 
40 days, precinct or township 10 days, and is 21 years old, and who owns 
property that was assessed at last annual assessment or who has children 
of school age residing in voting precinct of his or her residence, shall be 
entitled to vote on questions of establishing a county high school, voting 
bonds for same, and on all other high-school questions. Any city or village 
of the county may be a candidate for the location of the county high school 
upon a petition signed by 100 electors of county; election for location shall 
be submitted at the election for the issuance of high-school bonds. 

Any high school accredited to the State university, consolidated rural high 
school, rural high school, or county high school having satisfactory equip- 
ment and fitted by location and otherwise may, upon application to State 
superintendent be designated to teach agriculture, manual training, and home 
economics; such school shall employ specially trained instructors for said 
subjects ; school shall furnish at least 5 acres of land for agricultural pur- 
poses; instruction in such departments shall be free to residents of district, 
and nonresidents may be admitted on conditions governing free high-school 
attendance; special classes may be formed for the winter months; instruc- 
tion shall be of practical nature. Each school so designated to maintain an 
agricultural department shall receive State aid not exceeding $1,2.50 per year, 
but in no case shall amount received from State exceed one-half the total 
sum expended by said school for such purpose. Any rural school which shall 
give instruction in foregoing subjects and which shall associate itself with 
a State-aided school giving such instruction shall receive State aid of $50 per 
year. No high school accredited to University of Nebraska receiving such 
State aid shall be located in any city in which the State already maintains a 
school with such departments; not more than one high school accredited to 
University of Nebraska and two consolidated rural high schools, rural high 
school, or county high school in any county shall be added to the list of 
schools receiving aid under this act in any biennium ; not more than two- 
thirds of appropriation which may be provided shall be used for high schools 
accredited to University of Nebraska, balance to be reserved for consolidated 
high schools, rural high schools, county high schools, and for associated 
district schools. In approving high schools accredited to University of 
Nebraska for agriculture, manual training, and home economics, State super- 
intendent shall observe these requirements: School shall provide normal- 
training course; at least three teachers, exclusive of school superintendent, 
shall give entire time to high-school branches; instructors in agriculture 
shall be graduates of agricultural college or certified by dean of State agri- 
cultural college or standard four-year course in agriculture in a State normal 
school; at least one-third of instruction in industrial department of such 
school shall be devoted to agriculture, manual training, and natural sciences, 
or to home economics, manual training, and natural sciences. In approving 
consolidated rural high schools, rural high schools, and county high schools 
for foregoing special departments State superintendent shall require that 



N (a). HIGH SCHOOLS. 675 

school maintain at least two years of higli-scliool work. At least two teachers 
shall be employed in high-school department ; instructors shall have had sat- 
isfactory training ; such schools shall receive only $625 per year until it shall 
comply with complete requirements for $1,250 aid; at least one-third of 
instruction in industrial group shall be devoted to agriculture, manual train- 
ing, and natural sciences, or to home economics, manual training, and natural 
sciences. State superintendent shall appoint an inspector of agricultural 
training, whose appointment shall be approved by chancellor of University 
of Nebraska ; expenses of inspection and supervision shall be paid from the 
appropriation for the maintenance of said schools. 

See also E (b), Teachers' certificates, general; G (c), County and local 
normal school^. 
Nevada: County commissioners may establish high schools in school districts 
upon petition of 10 per cent of voters of county, showing that 75 census chil- 
dren reside in district where high school is proposed and that at least 5 
census children of high-school age reside therein; such district high school 
shall not be located nearer than 20 miles to a county high school in same 
county; district trustees and State board of education shall provide suitable 
buildings ; cost of maintenance and instruction in said district high school 
shall be paid by tax levy on county where located. District high schools 
shall be open to graduates of elementary schools and to those passing entrance 
requirement examinations. Principal of district high school may be appointed 
principal of all schools in such district. This district high-school act shall 
apply only to those counties having 960 electors and $3,600,000 of taxable 
property (in the year 1908). County commissioners may aid a school district 
needing high-school instruction by the transfer of funds from the county 
high-school fund or county general fund to the county school fund of such 
district; the commissioners may levy a special county tax not exceeding 10 
cents on the $100 for such purpose, but such district so aided shall contain 
at least 10 pupils of high-school age whose parents find it impracticable to 
send away for high-school training ; the school board shall levy a special tax 
of 25 cents on the $100 of all taxable property in the district. 

A county high school may be established in any county upon a majority 
vote at an election held for such school, and shall be supported by the 
county ; election for such school shall be called by county commissioners upon 
petition of 50 or more electors. County commissioners shall locate such high 
school, but upon protest of one-fourth of county electors at such location, 
question of location shall be submitted to electors of county at a special elec- 
tion or at next general election ; two high schools may be located in counties 
where 2,000 or more votes were cast at last general election and wherein 
the assessed valuation of property is $6,000,000 or more ; the county commis- 
sioners shall levy a special tax to construct and equip county high schools, 
but such schools shall be conducted, if suitable rooms can be secured at a 
reasonable rental, in a public-school building. County board of education 
for said high schools shall be elected at general elections; three members, 
two at each election, one for two and one for four years. Said board shall 
make annual estimate of money needed to pay expenses of county high 
school ; enforce uniform course of study ; employ teachers, hire janitors, and 
other employees. County commissioners shall include high-school estimate in 
annual tax levy. Said high schoals shall be open to graduates of elementary 
schools and to those passing required entrance examinations. County high- 
school principal may also act as principal of grammar school of district 
where high school is located. County board may provide suitable dormitories 



676 STATE LAWS KELATING TO PUBLIC EDUCATION. 

and dining halls for county higli schools, same to be part of regular high- 
school equipment. 

See also A (d), District boards and officers; C (b), Local bonds and 
indebtedness. 

New Hampshire: Any district may, by vote or by law, establish and maintain 
a high school in which the higher English branches and the Latin, Greek, 
and modern languages may be taught; it shall be the duty of the district 
to raise money to maintain such school when established ; no such school may 
be abolished except by the superior court upon petition of school board. Two 
or more adjoining districts may jointly maintain a high school, may raise 
money for such purposes, and their boards shall jointly control such high 
school. Any district may contract with an academy, seminary, or other 
literary institution in its immediate vicinity for furnishing instruction to its 
pupls, and school money may be used to carry contract into effect; State 
superintendent may terminate such contracts when deemed advisable. Any 
town not maintaining a high school shall pay for the tuition of any resident 
thereof who attends an academy or high school of the same or another town 
of State, but such charges shall not exceed the cost of other pupils in said 
academy or high school, and said town shall not in any case be liable for 
tuition of any child in excess of $40 per year. State shall make rebate for 
high-school tuition in certain cases. (See chapter on "School money — - 
State.") The term "high school" or "academy" shall mean a school having 
at least one course of not less than four years, properly equipped and teach- 
ing subjects required for admission to college, technical school, and normal 
school, including instruction in the Constitution of the United States and of 
New Hampshire, such high school or academy to be approved by State super- 
intendent. Towns paying tuition in high schools or academies shall receive 
proportionate share of literary fund for such pupils. Academies and private 
schools shall make annual report to State superintendent. School districts 
in towns of Walpole, Mason, Rollinsford, and Conway may make contracts 
with Bellows Falls, Vt. ; Townsend, Mass. ; Berwick Academy, Me. ; and 
Fryeburg Academy, Me., respectively, for furnishing instruction to high- 
school pupils, and may raise money for same ; any district bordering on State 
line and not having a high school may make arrangements with high schools 
outside of State for instructing high-school pupils when distance and trans- 
portation facilities malie such schools more accessible than those within the 
State; district may raise money for such purpose; but such out-of-State 
high schools or academies shall first be approved by State superintendent; 
any district bordering on State line and not maintaining a high school shall 
pay tuition of pupils of high-school grade who attend out-of-State high 
schools when such schools are more accessible than those within the State ; 
towns paying tuition for pupils attending such out-of-State schools shall be 
entitled to proportionate share of the State literary fund therefor. The 
principal of each college, academy, seminary, or other institution of learning 
incorporated by laws of State shall annually send to the New Hampshire 
Genealogical Society one copy of each printed catalogue of such institution. 

See also A (e), School meetings, elections, etc.; A (f), Administrative 
units — districts, etc. 

New Jersey: See A (bl) , State boards ; A (b2) , State officers ; F (b) , Teachers' 
salaries; O (a), Industrial education, general. 

New Mexico: Boards of education in cities may establish high schools. A 
county high school may be established in any county having a population of 
5.000 or more inhabitants; upon receipt of a petition signed by at least one- 



N (a). HIGH SCHOOLS. 677 

fiftli of the electors of a county, eligible for a county high school, asking that 
the question of establishing such a high school be submitted, the county com- 
missioners of said county shall call an election ; any child of said county who 
has passed the elementary course in the eighth grade, shall be admitted to 
such high school free of tuition; the management and government of each 
of said high schools shall be under the control of the board of education or 
school directors of the city or district where said school is established and 
maintained; county superintendent shall be ex officio a member of said 
board ; all members of the board of education or school directors, except the 
school superintendent, shall be elected ; boards of education or school directors 
of county high schools may levy a county high-school tax not to exceed in any 
one year 2 mills on the dollar; the treasurer of said county shall apportion 
the high-school fund among the high schools of the county, if there be more 
than one such high school, in the ratio of attendance upon such schools dur- 
ing the preceding year, but no child shall be counted in determining said ratio 
who has attended less than one-half of session ; only one county high school 
shall be established in any county during any one year, and during the first 
year of establishment of such school, said school shall receive not more than 
one-third of county high-school fund ; the cost of site, location of building, 
and erection and cost thereof for any such county high school shall be en- 
tirely borne by the district where such school is located; county high-school 
fund shall be used only for maintenance and operation of said schools; a 
district may bond itself for purpose of providing the necessary site and build- 
ings ; the directors of the district where a county high school is located shall 
provide for such school courses in manual training, domestic science, the 
elements of agriculture, and commercial law ; the board controlling any such 
high school shall employ and discharge teachers, regulate their salaries, and 
make rules and regulations for said schools. 
See also A (d). District boards and officers. 

New York: See A (bl). State boards; A (d), District boards and officers; 
B (a), General State finance and support; L (d). Physiology and hygiene; 
O (a). Industrial education, general; O (b), Agricultural schools; S (b), 
Public-school libraries. 

North Carolina: With consent of State board of education, county board of 
education may establish and maintain one or not more than four more 
public high schools to run not less than seven months; for each high school 
so established county board shall appoint a committee of three trustees to 
hold office six years, one to retire every two years; powers and duties of 
committee similar to those of other public-school committeemen; county 
board shall control; course of study and entrance requirements prescribed 
by State superintendent. County board shall locate schools, subject to ap- 
proval of State board, and shall furnish State superintendent information 
regarding them. State superintendent may prescribe inspection for such 
schools. Teachers shall hold high-school certificates from State board of 
examiners who shall prescribe standard of scholarship, and teacher's employ- 
ment must have approval of county superintendent ; minimum salary, $40 per 
month. No public high school shall be established in connection with an 
elementary school having term of less than seven months nor having fewer 
than two teachers devoting entire time to elementary subjects; high school 
receiving aid under this act must have at least one teacher devoting entire 
time to high-school branches; principal may be principal of both high and 
elementary departments. No high school in a town or city of more than 
1,200 inhabitants shall receive aid under this act, but county board may 



678 STATE LAWS RELATING TO PUBLIC EDUCATION. 

contract with trustees or committee of high school in a town or city whereby 
students residing in the county outside of said town or city may attend a 
standard high school therein, in which event an attendance of at least 10 
pupils must be made from outside districts. When county treasurer certifies 
that as much as $250 has been placed to credit of any high school, State 
superintendent shall make requisition for $250 in favor of such school; if a 
larger amount be provided by local agencies. State shall contribute equal 
amount, but not exceeding $500 annually for one school and not exceeding 
four schools shall be aided in any one county. No high school maintaining 
an average attendance of less than 10 shall receive State aid and no school 
maintaining average attendance of less than 20 shall receive maximum State 
aid. 

See also C (a). Local finance and support, general; E (b). Teachers' cer- 
tificates, general; O (b) Agricultural schools. 

North Dakota: Any public graded school in any city or incorporated village 
or township which shall give instruction as herein provided and admit pupils 
from any part of the State without charge for tuition shall be entitled to be 
classified as a State high school and receive State aid, but no school shall be 
required to admit nonresident pupils unless they pass examination in the 
fundamental elementary subjects. Requirements of such schools: (1) ade- 
quate school buildings, (2) course of study of eight grades, together with all 
subjects prescribed by the State board of education for the first two years of 
the secondary curriculum, (3) that such school submit to inspection and 
recommendations by a State inspector. State board of education shall ap- 
point a high-school inspector who shall hold office for two years and receive 
not exceeding $2,000 per annum and expenses. No money shall be paid to 
any school until the same shall have been inspected and reported on by said 
inspector. Amount of aid: Two thousand five hundred dollars annually to each 
of 10 schools having agriculture, manual training, and domestic economy; 
$800 to each four-year high school ; $500 to each three-year high school ; $300 
to each two-year high school; in case the appropriation available is not suffi- 
cient to pay amounts specified, $2,500 shall be apportioned to each of the 
schools offering agriculture, manual training, and domestic economy, and the 
remainder shall be prorated among the other schools receiving aid. State 
board of education shall act upon applications for aid. 

See also A (bl), State boards; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; B (e), State aid for elementary educa- 
tion; E (b), Teachers' certificates, general; L (j). Agriculture; Q (f). Other 
technical and professional schools. 

Ohio: See A (b2), State officers; A (f), Administrative units — districts, etc.; 
D (a), Buildings and sites, general; E (b)', Teachers' certificates, general. 

Oklahoma: The university preparatory school is hereby created and located at 
Tonkawa ; purpose of said school shall be to prepare students for a university 
course of study. Eastern preparatory school is hereby created and located at 
Claremore ; object of said school shall be to prepare boys and girls for admis- 
sion to State university or other institution of higher education. Both of 
aforesaid schools shall be under control of State board of education. 

See also A (bl), State boards; A (f), Administrative units — districts, etc.; 
I (e). School fraternities; K (c), Uniformity of textbooks. 

Oregon: District high schools and county high schools may be established. 
District school board may, and on petition of one-third of the legal voters of 
the district, shall submit to voters of district the question of establishing a 
high school; majority of votes cast shall determine. District school board 



N (a). HIGH SCHOOLS. 679 

shall have control of such school and may use State, county and district funds 
for maintaining the same, if lower grades are maintained for eight months. 
One or more county high schools may be established in any county, ^A'hen 
authorized by a majority of the votes cast at an election; county court shall 
submit to general election the question of establishing county high school 
when petitioned by 100 or more taxpaying voters, or said court may order a 
special election for such purix)se ; if majority of votes cast favor such school, 
county court shall locate the same and provide site and building, or county 
court or high-school board may rent a building, or said board may contract 
with a district maintaining a high school for the instruction of pupils of the 
county who do not reside in such district. When county court shall have 
made estimates as required, said court shall le\T a tax sufficient to provide 
building and run the school for 12 months. When said court shall have pro- 
vided building with necessary fencing and lot, the same shall be deeded to the 
county high school board, which shall consist of county judge, the two county 
commissioners, the county treasurer, and the county superintendent. Duties 
of l)oard: To estimate annually the amount of tax needed for such school; 
employ teachers, janitors, and other employees and dismiss them when ad- 
visable; do all other things necessary to the proper conduct of the school. 
County court shall annually levy a tax to maintain such school. When 
authorized by qualified electors, said court may establish more than one high 
school. Principal of high school may be principal of district school, if district 
board elects. Course of study of all high schools shall embrace four years 
above the eighth grade; such course shall include two years prescribed by 
State superintendent in consultation with high-school boards ; other two years 
shall be as laid down by county high-school board or district board after 
consultation with State superintendent and may include industrial training, or 
such training may be interspersed through the four years. Any pupil com- 
pleting the four-year course shall be entitled to a State high-school diploma. 
Books used in two years prescribed by State superintendent shall be as 
adopted by State textbook commission. Any school district board may, or 
when petitioned by one-third of the legal voters shall, call an election to de- 
termine question of teaching grades above the eighth. The county court 
shall, on petition of 10 per cent or more of qualified voters, submit to voters 
the question of creating a county high-school fund; if such fund is created, 
county high-school board shall estimate amount necessary to pay tuition of 
all pupils attending high schools in the county and the county court shall levy 
a tax to pay the same. County high-school fund shall be distributed on basis 
of average attendance; not less than $40 per pupil for first 20 in attend- 
ance in a district, $30 for second 20; nor more than $12.50 per pupil for re- 
mainder, but amount paid to district shall not exceed amount paid high-school 
teachers therein. State board of education shall prescribe regulations as to 
standards to be maintained by high schools. None of said fund shall be paid 
for the tuition of a pupil who does not hold an eighth-grade diploma or its 
equivalent from some other State. 

When it is desired to unite two or more contiguous school districts or parts 
of districts for high-school purposes, tho district boundary board of the county 
shall, when petitioned by the districts afCected (at least 100 voters in district 
of first class, 25 in district of second class, one-third of legal voters in district 
of third class), order directors of districts to hold election on the question; 
majority of votes cast shall determine; said boundary board shall canvass 
returns and announce the result. If the site designated in the petition is the 
property of a school district, an election shall be held in said district 40 days 



680 STATE LAWS RELATIITG TO PUBLIC EDUCATION. 

prior to the election on question of union high school, in order to determine 
question of transferring such property to said union high school district; if a 
majority vote favors, union high-school board shall assume control of prop- 
erty. Union high-school board may contract with a regular district for the 
use of property for high-school purposes. If districts to be united lie in two 
or more counties, the boundary board of the county in which the most 
populous district is located shall have jurisdiction in all matters pertaining to 
the organization and management of such schools. If a union high school is 
formed by uniting two districts of the third class, the school boards of such 
districts shall constitute the high-school board; if formed by any other com- 
bination of districts, one member shall be elected from each district; term, 
three years. Board shall elect a chairman and a clerk who is not a member 
of the board; meetings shall be held as board may determine. Board shall, 
when facilities will warrant, admit to such school any resident of any county 
concerned, if such resident is properly prepared and there is no high school 
maintained in the regular district where he resides; board of any regular 
district maintaining a high school shall likewise admit nonresidents living 
elsewhere in the county; union high-school district shall be entitled to non- 
resident tuition fees. This act shall not prohibit the formation of county 
high schools, but where such high schools are formed, union high-school 
districts and regular districts maintaining high schools of equal efficiency to 
county high school shall be exempt. Course of study of union high schools 
shall be prepared by the State board of education and shall embrace not less 
than two years. Union high-school board may establish a department of 
industrial training. The creation of or change of boundaries of a regular 
district included in union high-school district shall not change such high-school 
district. Duties of union high-school board: To provide site and building, 
when duly authorized; levy a tax in the district for the support of the high 
school; contract a debt of not exceeding 5 per cent of taxable property for 
site and building purposes, if authorized by legal voters. 

See also A (f). Administrative units — districts, etc.; E (b). Teachers' 
certificates, general; G (c), County and local normal schools; K (c). Uni- 
formity of textbooks. 
Pennsylvania: High schools maintaining four or more years' course of study, 
of not less than iiine months each year, shall be known as high schools of 
first class; three years, of not less than eight months, second class; two 
years, third class. No high school shall be established in a district of the 
fourth class without the consent of the State superintendent and county 
superintendent. High schools of first class shall employ at least three teach- 
ers ; second class, at least two. Entrance to high schools shall be by exami- 
nation. High schools in districts of second, third, and fourth class shall 
provide a sufficient number of teachers for following branches: Bookkeeping, 
civil government, general history, algebra, geometry, rhetoric, English litera- 
ture, Latin (including Caesar, Virgil, and Cicero), physical geography, ele- 
ments of botany, zoology, physics, and chemistry. Boards of directors of 
districts maintaining high schools shall make sworn statement to State 
superintendent in reference to such high schools annually. High schools 
shall be under the supervision of the several county superintendents. Pupils 
residing in districts with limited or without high-school facilities may attend 
in other districts if such pupils obtain consent of directors of districts maintain- 
ing such high schools; cost of tuition, textbooks, and supplies of such pupils 
shall be paid to districts maintaining such high schools by the districts in 
which pupils reside. Any high-school pupil residing 3 or more miles from such 



N (a). HIGH SCHOOLS. 681 

school in Ms district may, if free transportation is not furnished, be trans- 
ferred to another district, the district of his residence being liable to district 
whose high school he attends for all costs; any pupil desiring to attend a 
high school outside of district in which he resides shall satisfy principal of 
high school and superintendent of district in which he resides of his fitness; 
it shall be the duty of superintendents having supervision over high schools 
to recommend suitable courses of study for such schools to board of school 
directors for adoption. High schools of first class shall receive from annual 
high-school appropriations not more than $800 ; second class, $600 ; third class, 
$400; any high school sharing township high-school appropriation shall give 
required instruction in agriculture. Board of school directors may continue 
to confer academic or other degrees upon students completing four-year 
courses of study in those high schools heretofore conferring such degrees. 
See also A (d). District boards and officers; J (a). Health, general. 

Rhode Island: Any town maintaining a high school, approved by the State 
board of education shall annually receive for each of first 25 students in 
attendance $25 and $15 for each of second 25 students, payable by the State ; 
but such town shall admit students from other towns to extent of capacity 
of high school at rate of tuition not to exceed average cost per capita of 
maintaining such school. The school committee of any town not maintaining 
a high school shall provide for free attendance of high-school pupils at high 
school of some other town. Town so supporting students at high schools 
of other towns shall receive State aid upon same basis as if it maintained a 
high school. Application for State aid must be made by the school com- 
mittee, accompanied by a certificate of facts by the principal teacher. 
See also A (bl). State boards; A (d). District boards and officers. 

South Carolina: Any common-school district not having an incorporated towQ 
or city of over 2,500 inhabitants, or any county, or any township, or any 
union of adjoining townships or districts not having a town or city of over 
2,500 may establish a high school. On petition of one-third of freeholders, 
county board of education shall call an election in such territorial unit on 
question of establishing a high-school district ; majority vote shall determine. 
Composition of hoard of trustees: Single school district, trustees thereof; 
union of two or more common districts, trustees of district containing school- 
house and chairmen of other district board or boards; union of special dis- 
trict with one or more common districts, trustees of special district. Any 
such high-school district may vote a tax of not exceeding 2 mills ; but any 
common-school district may vote itself out of a high-school district. All high 
schools established under this act shall include agriculture and domestic 
science in the course of study. State board of education as a high-school 
board shall provide for the inspection and classification of high schools. 
State aid to high schools: Two-year high schools, not exceeding $500; three- 
year, not exceeding $600; four-year, not exceeding $700; but an additional 
$100 may be allowed to a township or to territory embracing as many as 
six common-school districts. Board may give additional aid for industrial 
and commercial courses ; additional aid of $25 for each common district 
embraced may be given to any high-school district levying at least a 1-mill 
high-school tax. No high school shall receive aid unless it has at least 25 
high-school pupils and 2 teachers, except in rural and village schools, where 
the number may be 15, with 1 teacher. No aid shall be given unless the dis- 
trict or districts are levying at least 2 mills, either as common-school or 
high-school tax. The State board shall make rules for the apportionment and 
distribution of State aid. Such high-school districts may receive gifts and 



682 STATE LAWS RELATING TO PUBLIC EDUCATION. 

bequests, and may issue bouds witliin constitutional limits. Election shall 
be held on bond issue. Any high school receiving aid under this act shall 
admit free of tuition any pupil of the county where school is located. 
See also A (f), Administrative units — districts, etc. 

South Dakota: On petition of at least 50 freeholders of a civil township, the 
qualified voters thereof shall vote at the next regular election of township 
supervisors on the question of establishing a township high school ; majority 
of votes cast shall determine. If high school is voted, township board of 
education shall consist of three members elected by qualified voters; term, 
three years, one being elected each year; vacancies filled until the next 
general election by the county superintendent ; one member shall be director, 
one clerk, and one treasurer. Board shall have general control of the high 
school and of the property belonging thereto; it may suspend or expel in- 
subordinate pupils. Two or more townships may unite in establishing and 
maintaining a high school. By a majority vote of the qualified electors a 
township may discontinue its high school. Board may levy a tax of not 
exceeding 10 mills on the dollar for high-school purposes ; board may remove 
the schoolhouse on petition of two-thirds of the electors of the township. 
Where the school township system now exists the school township board 
shall assume the duties herein provided for. Members of board shall each 
receive $1.50 per day for duties performed, but not exceeding $25 each per 
annum. Any pupil having completed the eighth grade of the State course of 
study and having received a common-school diploma from the county super- 
intendent may continue his work through the twelfth grade in any high or 
normal school in the State, and not exceeding $2 per month shall be paid 
by the board of his home district if such district does not provide instruc- 
tion in such higher grades. Any tuition in excess of $2 shall be paid by 
student or parent, but said $2 and additional fee shall not exceed average 
cost per pupil per month. 

See also A (f). Administrative units — districts, etc. 

Tennessee : The county court of any county may provide for the establishment 
of one or more county high schools; for such purpose may levy special taxes 
in addition to other taxes, but not to exceed 15 cents on $100, and may make 
appropriations from general county funds, but not from public-school funds, 
and such tax and appropriation shall constitute " county high-school fund." 
Such school or schools shall be controlled by county high-school board of 
education, which board shall consist of county superintendent and six mem- 
bers appointed by county court; term of appointive members, three years, 
two being appointed each year. Not more than one member shall be ap- 
pointed from same district. County superintendent shall be secretary, and 
for such duties shaJl receive compensation as fixed by board. AU branches 
now required in secondary schools, except five primary grades, shall be 
taught in county high schools, and such additional branches shall be taught 
as will prepare for college or for business. Such schools shall be graded by 
board of education under regulations of State superintendent and supervi- 
sion of county superintendent. Not fewer than three teachers shall be em- 
ployed. School shall be open to all persons of school age who have com- 
pleted five primary grades; but separate schools shall be maintained for 
white and colored races. Board may locate schools, employ teachers, draw 
warrants on county trustees, and perform other duties contemplated by law; 
board may contract with seminaries, academies, or colleges or with city 
boards of education whereby county high school may be taught in such in- 
stitution or city school, but such instruction shall be free to pupils of county 



N (a). HIGH SCHOOLS. 683 

The a^ltho^ity of State and county superintendents and board of education 
shall be full and ample, and teachers shall hold required certificates. County 
high schools shall be under general supervision of county superintendent 
and State superintendent. The latter shall provide necessary blank forms, 
make regulations for the examination of high-school teachers, for issuance 
of warrants by county board, and for grading high schools. Teachers and 
county boards shall make such reports as are required for other public 
schools. County board may admit pupils over age and nonresidents on pay- 
ment for tuition. County trustee shall pay warrants of county board, and 
shall make reports as required for other public schools. 

Boards of trustees of academies and small colleges which are no longer 
used for the purposes intended are authorized to transfer the properties of 
said academies and small colleges to counties and county boards of education 
or county high-school boards. 

See also A (bl). State boards; A (f). Administrative units — districts, etc.; 
B (a). General State finance and support; E (b), Teachers' certificates, gen- 
eral; H (e), Consolidation of districts, etc. 
Texas: Public high schools; may be established in common-school districts; 
primary, intermediate, and high-school subjects may be taught in such schools, 
and agriculture, domestic economy, and manual training may be added. High 
school of first class shall have at least four years' work above seventh grade 
and may include the lower grades, shall employ at least three teachers of 
high-school subjects with first-grade certificates or higher, and shall be main- 
tained for at least eight scholastic months. High school of second class shall 
have at least three years' work above seventh grade and may include the 
lower grades, shall employ at least two teachers of high-school subjects with 
first-grade certificates or higher, and shall be maintained for at least eight 
scholastic months. High school of third class shall have at least two years' 
work above seventh grade and may include the lower grades, shall employ 
at least one teacher of high-school subjects with first-grade certificate or 
higher, and shall be maintained for at least seven scholastic months. High 
schools not maintaining standards herein fixed shall not be prohibited, but 
may not receive certificate of approval and classification from State depart- 
ment of education. State board of education shall duplicate an amount of 
not less than $500 nor more than $1,500 set apart by trustees of high school 
of first class or second class for a department of agriculture; between $500 
and $1,000 for a department of domestic economy; between $500 and $1,000 
for a department of manual training. For a high school of third class be- 
tween $500 and $1,000 may be duplicated for a department of agriculture. 
Not more than $2,000 shall be appropriated to any one school in the same 
year, and such appropriation shall not be made more than twice to the same 
school. Board of trustees shall provide approved buildings, equipment, etc., 
and school shall give evidence that after State aid is withdrawn departments 
in agriculture, domestic economy, and manual training will be continued. 
Establishment, organization, and general management of high schools herein 
provided for shall be vested in five county trustees elected at large ; term 
two years, two being elected one year and three the next. County school 
trustees shall classify schools as primary, intermediate, and high schools, and 
in cooperation with county superintendent shall prescribe a course of study. 
In establishing high schools county trustees shall, with consent of district 
trustees, consolidate as many districts as practicable, and shall arrange with 
trustees for free tuition for eligible children in high schools; they may also 
arrange with trustees of independent districts having high schools for free 



684 STATE LAWS RELATING TO PUBLIC EDUCATIOK. 

tuition of children residing in adjacent common-school districts. County- 
school trustees are constituted a body corporate ; county superintendent shall 
be secretary; county school trustees shall, in cooperation with county super- 
intendent, apportion school funds to districts, except to those having more 
than 150 school population. All appeals shall lie from county superintendent 
to county trustees. Trustees shall hold meetings quarterly and when called 
by president. They shall be qualified voters, freeholders, and of good educa- 
tion; remaining trustees shall fill vacancy. State appropriation of $50,000 
annually for carrying out this act. 

See also A (f). Administrative units — districts, etc.; E (b), Teachers' cer- 
tificates, general. 
Utah: There shall be levied annually a State tax of one-half mill on the 
dollar for high-school purposes; local school board shall report average at- 
tendance of at least 20 weeks, and State board of education shall apportion 
amount raised by said tax on basis of such attendance. State board shall 
appoint a competent person to inspect at least twice a year all high schools 
claiming benefits of high-school fund. 

Each county in the State, except county districts of the first class, shall 
constitute a high-school district unless subdivided as herein provided, but 
cities of first and second classes shall not be included in such high-school 
district. County superintendent is required to recommend to county com- 
missioners whether county should be subdivided into two or more high-school 
districts; commissioners shall hold hearing and may subdivide . county as 
recommended ; two or more common-school districts shall be united in such 
high-school district, but no district maintaining a high school shall be united 
with another which maintains one except by majority vote of the people; 
a common-school district having over 500 school population and maintaining 
a high school may remain a separate high-school district. Board of control 
for each high-school district shall consist of county superintendent and a 
member elected by board of each component common district from its mem- 
bership. After formation of district, board of control shall call an election 
to determine whether one or more high schools shall be established and 
number and location of same; if a majority favors, board shall establish 
school or schools as voted and may levy for support thereof a tax of not 
exceeding 5 mills on the dollar. Powers of hoard: To purchase and sell 
sites, provide buildings and furniture, and purchase all necessary apparatus, 
books, and supplies ; establish and support school libraries ; levy such tax in 
addition to 5 mills as may be authorized by vote of qualified electors ; provide 
for transportation of pupils living " too far from the high school to walk 
thereto " ; make needful rules and regulations. Board shall certify to county 
officers charged with assessment and collection of taxes the amount of tax 
required for high school and such officers shall levy and collect such tax in 
the district. State board of education shall prescribe course of study; State 
textbook commission shall adopt textbooks for such high schools. Board of 
control may, when advisable, and shall, on petition of 10 per cent of resident 
taxpayers of district, call an election to determine 'issuance of bonds; ma- 
jority of qualified electors shall determine. Board shall include in annual 
estimate suflacient levy to pay interest on bonds and create a sinking fund. 

See also A (d). District boards and ofiicers; A (f). Administrative units — 
districts, etc.; E (b). Teachers' certificates, general; K (c). Uniformity of 
textbooks. 
Vermont: High schools shall be based on an elementary course of at least 
eight years. High-school year shall be at least 36 weeks in length ; teachers 
in high schools shall be of competent ability, of good morals, and legal 



N (a). HIGH SCHOOLS. 685 

certification; instruction shall be given in Englisli language and literature, 
higher mathematics, history, and natural sciences; instruction may be given 
in ancient and modern languages, political, social, moral, and domestic 
sciences, agricultural and commercial subjects, music and physical culture, 
and in the fine and mechanical arts; courses must be approved by the State 
board of education. A legally incorporated educational institution furnish- 
ing instruction equivalent to a high school shall be an academy. School 
directors shall, at cost not to exceed $24 per year per pupil, provide high- 
school instruction for advanced pupils in a high school within the town, or 
in high schools or academies of other towns, within or without the State. 
If a town does not maintain a high school of first class, directors shall pro- 
vide for instruction of high-school pupils for remaining part of first-class 
course in some first-class high school or academy of some other town or 
district, within or w^ithout the State. Superintendent of education shall pre- 
pare high-school entrance examination questions, and shall rate replies to 
same; such examinations shall be conducted by superintendent of the town; 
expenses of such examination shall be allowed in same manner as expense 
of examination and certification of teachers. The State board of education 
shall classify and standardize high schools and academies; appeal may be 
made to said board from decision of board of directors relative to such 
schools ; no person shall be barred from such schools on account of age. The 
town clerk shall make annual report relative to high schools and academies 
to superintendent of education, who shall transmit same to auditor of 
accounts. Superintendent in a town maintaining a high school may deter- 
mine qualifications of elementary pupils to enter such school, or may require 
such pupils to take State examination for advanced instruction. Nonresident 
high-school pupils shall pay book rent at high schools or academies where 
book rent is charged instead of tuition. School directors of any town con- 
taining grammar-school lands shall have control of such lands unless set 
apart for some particular academy or grammar school ; revenues of such 
lands shall be used for support of high school or academy within such town 
if approved by superintendent of education; if town does not maintain such 
high school or academy, such revenues shall be used to pay tuition of ad- 
vanced pupils in such schools or academies in other towns. 

See also A (b2), State officers; E (b). Teachers' certificates, general; 
G (c). County and local normal schools; H (e). Consolidation of districts, 
etc.; L (j). Agriculture; Q (b), Agricultural colleges. 
Virginia: The district school board or school boards may establish and main- 
tain a high school, but no State funds shall be appropriated for high-school 
purposes until provision has been made for maintaining the primary and 
grammar grades for at least five months. Two or more districts may unite 
to organize a joint high school under rules prescribed by the State board of 
education. Said board shall prescribe entrance requirements for high 
schools and conditions under which nonresident pupils may be admitted. 
Before State funds shall be paid to any high school the State board of 
education shall have such school inspected ; when a district or districts shall 
appropriate for an approved high school $250, the State board of education 
shall set aside $250 for said school; said board shall set aside an amount 
equal to that appropriated by district up to $400; State shall not aid more 
than one high school in a district unless State board decides that said dis- 
trict needs more than one high school. The sum of $100,000 is appropriated 
annually as State aid to high schools. The sum of $20,000 annually is appro- 
priated for aiding normal training in high schools, but not more than $1,500 
shall be paid to any one school; State board of education shall designate 



686 STATE LAWS RELATING TO PUBLIC EDUCATION". 

liigli schools to give such instruction, and shall prescribe the course of study 
and the qualifications of teachers; said board shall designate not more than 
one such school in a county; object of such normal course shall be to train 
teachers for elementary rural schools. 

See also A (f), Administrative units — districts, etc.; O (b). Agricultural 
schools. 

Washington: Whenever residents of two or more contiguous districts desire 
to unite such districts for purpose of establishing a union high school, clerks 
of such districts, by order of directors, shall, upon petition of five or more 
heads of families of respective districts, submit such proposition to county 
superintendent who may approve formation of a union high-school district; 
if such approval be given, clerks shall call meetings of voters to act on such 
question, and same shall carry if a majority of the voters of each district 
shall vote therefor. The directors of the districts composing such union shall 
constitute board of directors for such union ; if such union district shall con- 
tain three or more districts, the chairmen of boards of directors of such dis- 
tricts shall constitute board for such union district ; clerk of such union board 
shall notify county superintendent of formation of such union district, and 
said superintendent shall in turn notify county treasurer and county auditor. 
Boundaries of a union district may be enlarged in manner prescribed for for- 
mation of such district ; union board shall not be reorganized as result of such 
change, but chairman or chairmen of districts so united to union shall be 
added to said board. Directors of such unions shall prescribe course of study 
for the union high school, but the same shall be legal and subject to approval 
of superintendent of public instruction ; no student below seventh grade shall 
be admitted to such high school ; teachers of such schools shall keep records and 
make required reports ; board of directors and clerk shall possess such powers 
and shall discharge such duties as are provided for school-district officers. 
Each union high-school district shall receive apportionments from annual 
school fund in same manner as other school districts receive the same. Any 
aggrieved resident taxpayer may appeal from decision of county superintend- 
ent as in other cases. A union high-school district may be dissolved after 
five or more years, at an election called for that purpose, by a majority of 
three-fifths of vote cast at such election ; county superintendent shall api)or- 
tion liabilities and assets of a dissolved union district among districts com- 
posing the same. 

State board of education shall outline a course of reading and study simi- 
lar to that required in a full four-year high-school course, and shall provide 
for examination and certification of persons taking such extension course; 
examination of such persons shall be held at same time and place of holding 
teachers' examinations; persons intending to take such examination shall 
give due notice of such intention. Question for such examination shall be 
prepared by State board of education, furnished by superintendent of public 
instruction to county superintendent, who shall conduct said examination and 
return manuscripts to superintendent of public instruction to be graded ; suc- 
cessful applicants shall receive certificates from State board of education 
entitling holders to enter higher institutions of education without further ex- 
amination. 

See also A (bl), State boards; A (f), Administrative units — districts, etc.; 
B (e), State aid for elementary education; K (c). Uniformity of textbooks; 
P (c), State universities and colleges; Q (b). Agricultural colleges. 

West Virginia: Board of education of any district may, by three-fifths vote 
of electors voting at a meeting called for the purpose, establish and maintain 
a high school. High schools shall be divided into three classes : High schools 



N (a). HIGH SCHOOLS. 687 

of first class shall be those which offer four-year course, each year to be 36 
weeks, employing at least three teachers exclusively for high-school work ; 
second class, three-year course, each year 36 weeks, employing not fewer than 
two teachers exclusively for high-school work; third class, two-year course, 
each year 36 weeks, one teacher exclusively for high-school work. State su- 
perintendent shall classify all high schools. First-class high schools shall 
receive from the State, annually, $800 ; second class, $600 ; third class, $400 ; 
but total amount appropriated in any year for such purpose shall not exceed 
$40,000. State superintendent shall annually certify appropriations for such 
purpose to county superintendents. Any district high school may be dis- 
continued at end of any year upon written petition of at least 75 per cent of 
taxpayers of district. 

Boards of education of two or more districts, whether In the same or dif- 
ferent counties, may jointly establish and maintain a high school upon a ma- 
jority vote of electors of districts interested ; such school shall be maintained 
by the districts by levies proportionate to their assessed valuation; boards 
of education of districts shall constitute a joint board for control of joint 
high school ; county superintendent shall be ex officio a member and chairman 
of such joint board; same authority is conferred on joint board as upon a 
board establishing and maintaining a high school within a district. 

In any district containing a town, village, or densely populated neighbor- 
hood having two or more schools in same building, board of education may 
establish a graded school; in such district having four or more schools in 
same building, a high school may be established ; but levy for such purposes 
shall not exceed 25 cents on $100 of taxable property for teachers' fund, and 
not exceed 15 cents on $100 for building fund; upon petition of majority of 
taxpayers of district board may levy additional tax of 5 cents on the $100 of 
taxable property to extend term of such school, to be known as subdistrict 
teachers' fund. Board of education of any district or independent district 
may pay higher " salaries to teachers than the minimum, having regard to 
grade of certificate; may establish higher grade of salaries for teachers in 
graded or high schools. 

See also A (bl). State boards; A (d). District boards and officers; E (b), 
Teachers' certificates, general. 
Wisconsin: Any town, village, city, school district, or subdistrict may, if 
having at least 25 persons of school age who have completed common-school 
course or equivalent, establish and maintain not exceeding two high schools; 
question of establishing such school may be submitted to voters by tlie proper 
board after due notice; dissolution of high-school district may be effected 
by a vote of electors, due notice having been given; one of two high schools 
may be discontinued by vote of electors. Any city may establish a technical 
school or college as part of public-school system by vote of electors. Two or 
more adjoining towns or school districts, or one or more towns or school dis- 
tricts and an incorporated village or city, when same are contiguous, may unite 
and maintain a high school by vote of electors of civil units interested. Offi- 
cers of a free high-school district shall be a director, clerk, and treasurer, elected 
one each year, to serve three years ; in cities not under a county superinten- 
dent board of education shall be high-school board, and city treasurer shall 
be treasurer of such school ; in districts maintaining a graded school of not 
less than two departments board of education shall be high-school board, and 
district treasurer shall be treasurer of high school. Clerk shall certify taxes 
levied for high schools to the town, city, or village clerk, who shall apportion 
the same, and the treasurer or municipality shall collect and turn over same 



688 STATE LAWS RELATING TO PUBLIC EDUCATION. 

to the high-school treasurer. Officers of free high-school district shall have 
same authority, and be charged with same duties as are conferred on school- 
district officers, so far as applicable. Any school district containing a city in 
which a high school is maintained and which expends annually over $4,000 for 
schools, may, by vote of electors, increase school board to seven members; 
said members shall be selected from the several wards, no two members from 
same ward until all wards are represented ; in case city shall have fewer than 
seven wards, additional member or members shall be chosen at large; no 
board shall be so increased unless proposition for increase, signed by at least 
25 electors, shall be filed with clerk of district prior to annual meeting; 
notice of such proposition shall be included in annual-meeting notice. High- 
school districts shall hold annual meetings, and may hold special meetings; 
due notice must be given of business to be transacted at special meetings. 
Voters at an annual or special meeting called for purpose may authorize high- 
school board to purchase school site, erect a schoolhouse thereon, furnish and 
equip the same, and borrow money to an amount not to exceed limitatio.'i 
provided by law. All such high schools shall be free to pupils of the district. 
Every principal of such school shall, in addition to qualifications as teacher 
of a common school, be a graduate of a university, college, or normal school, 
hold a State certificate, or pass an examination in studies required to be 
taught in any such school; certificate of every high-school principal and 
assistant teacher in high schools must be approved by State superintendent. 
Each high-school board shall, with advice and consent of State superintendent, 
determine high-school course of study, and fix entrance requirements. The 
high-school boards of not exceeding 10 high schools not under supervision of 
a city superintendent may each, under conditions prescribed by State super- 
intendent, establish a winter term equal to one-half full school term, open to 
students between ages of 16 and 20 years; said high-school boards shall 
annually make report to State superintendent relative to winter term; each 
of said high schools shall receive from State two-thirds of amount expended 
for salaries of additional teachers for such winter term, not to exceed $500 
annually for each school. In every common-school district where a high 
school is maintained as part of the public-school system, electors shall vote 
amount to maintain high school for at least nine months ; this provision shall 
also apply to joint common-school districts. If electors of any free high- 
school district shall not vote a tax sufficient to maintain school for at least 
nine months, high-school board shall see that sufficient tax is levied. Electors 
of any town organized as a town free high-school district may vote to pur- 
chase site, erect suitable schoolhouse thereon, and furnish such schoolhouse. 
With advice and consent of State superintendent a free high school to be 
known as a union free high school may be established and maintained in a 
town, or in any tract of contiguous territory containing not less than 36 
square miles; no such school shall be established unless at least 25 high- 
school children reside in said territory; question of establishing and main- 
taining such school shall be submitted to voters of such territory at an elec- 
tion to be held after due notice, upon petition of at least one-fifth of voters 
of such territory ; no union free high-school district shall be dissolved within 
four years of date of its organization; any free high-school district included 
in the territory of a proposed union free high-school district shall be abol- 
ished. Provisions as to officers of union free high-school districts, and their 
terms and duties, shall be same as for free high-school districts; said union 
districts shall hold annual meetings, at which meetings officers shall be 
elected; district board shall audit accounts and submit fiscal report to annual 



N (a). HIGH SCHOOLS. 689 

meeting; special meetings shall be called by proper officer of board on re- 
quest of 20 voters of district; officers shall not be elected at special meet- 
ings; no more than one si)ecial meeting to consider same subject shall be 
called in any one year; no tax or loan shall be voted at any special meeting 
unless three-fourths of voters of district have been lawfully notified; to 
vote at any annual meeting, a voter shall have been resident of district for 
at least 30 days preceding such meeting. Inhabitants of any school district 
qualified to vote at a high-school district meeting may, at an annual meeting, 
appoint officers of meeting; adjourn from time to time; purchase or lease 
school site, build, hire, or purchase a schoolhouse, repair and furnish school- 
house, and provide for equipment and maintenance of union free high school ; 
authorize sale of school property; impose tax to discharge debts of district; 
authorize union free high-school board to borrow money as prvided by law ; 
authorize union free high-school board to purchase and furnish textbooks ; 
determine term of high school, which shall be not less than nine months. 
Said board may fill any vacancy in their number. If meeting does not vote 
sufficient amount to conduct school for at least nine months, said board shall 
see that levy is made for such purpose. All taxes for said district shall be 
levied and collected as in case of single or joint common- school districts of 
State. All provisions relating to town free high schools, so far as applicable, 
shall apply to union free high schools. Union free high-school districts may 
be dissolved four years after establishment by a vote of electors at an annual 
meeting, upon due notice and a petition signed by at least one-fifth of 
voters of such district. 

Any free high-school district which has established and maintained not 
more than two free high schools for term of not less than eight months in 
any one year, shall receive from the State one-half amount expended for 
high-school instruction, not to exceed $500 annually, but this limitation shall 
not apply to town or union free high schools ; the proper board shall annually 
make report to State superintendent relative to cost of such instruction ; for 
good cause said superintendent may withhold such aid. Whenever a free 
high school has been established and maintained in a district composed of a 
town, or a town and an incorporated village within the town, or two or more 
towns, or of two or more towns and an incorporated village in one or both 
of them, or within a contiguous tract of not less than 36 square miles, State 
superintendent shall make a separate class of such schools ; each such school 
shall annually receive from the State an amount equal to one-half cost of 
instruction, but such amount appropriated to a school with a principal and 
one assistant shall not exceed $900 annually, and to school having principal 
and two assistants not to exceed $1,200 annually, and to school having 
principal and three or more assistants not to exceed $1,500 annually; boards 
shall report annually to State superintendent amounts expended for in- 
struction. 

State superintendent shall prepare and publish course or courses of study 
for free high schools; shall inspect or cause to be inspected such schools; 
certificate teachers for, and require annual reports from such schools. Any 
hoard having charge of a free high school, or equivalent high school, may 
establish and maintain in connection with such school, except in counties 
maintaining county training schools or joint county training schools, a teach- 
ers' training course, to be approved by State superintendent. Said board 
may establish and maintain in connection with any free high school or 
equivalent high school, and the two upper grades next below high school, a 
- _i5 — _44 



690 STATE LAWS RELATING TO PUBLIC EDUCATION. 

department of manual training, domestic economy, agriculture, or commer- 
cial work, or any or all of said departments ; State superintendent shall have 
general supervision over such departments, and shall certify teachers for 
same; clerk of board having control of any such department shall annually 
make report to State superintendent relative thereto. To receive State aid, 
such department must be conducted for not less than six monhs in the year ; 
each such department shall receive from the State one-half cost of instruc- 
tion, not to exceed $350 annually, if conducted in connection with high 
school and two upper grades below high school, but not to exceed $250 
annually if conducted in connection with only the high school; no one dis- 
trict shall receive aid for more than three such departments; total State 
expenditure for such purposes shall not exceed $100,000 annually. 

Board in control of an approved high school maintaining a teachers' train- 
ing course shall make annual report to State superintendent relative to such 
course; State shall pay salaries of teachers employed in such course, term to 
be not less than nine months; no such course shall be established in a high 
school employing less than four teachers, including the principal ; teacher of 
such training course must be a graduate of advanced course from a Wisconsin 
State normal school or equivalent school and must have had two years' ex- 
perience as teacher; at least 10 students must register in such course, and 
work done must meet approval of State superintendent; graduates of such 
course shall receive certificates of same force and effect as county training 
certificates. School boards of two or more districts maintaining free high 
schools may jointly employ a teacher or teachers of manual training ; expense 
of such instruction shall be borne proportionately by districts, and each such 
district shall receive State aid as provided by law. School board of every 
town high school and union free high school shall annually publish financial 
report of the high-school district and the recommendations for following year. 
Any high school maintaining a course or courses in stenography, typewriting, 
and bookkeeping shall be entitled to receive State aid as provided for depart- 
ments hereinbefore named, not to exceed $350 annually. Boards of any num- 
ber not exceeding 20 high schools may maintain in connection therewith a 
16-weeks' course in agriculture, including rural economics, or domestic science, 
including home economics, or both, for pupils over 14 years old; said high 
school shall receive, when such short courses are approved by State superin- 
tendent, $200 annually for each such course; total amount expended for such 
purposes shall not exceed $8,000 annually. 

Board of any free high-school district shall admit to high school, when 
facilities warrant, any person of school age who has completed course of 
study in his district and who resides in any town or incorporated village, but 
not within any high-school district. School board in any incorporated city 
maintaining a graded school of at least 12 grades, but no free high school, 
the four upper grades being equialent to high school, shall, when conditions 
permit, receive students from districts not maintaining a free high school, or 
its equivalent, when such students have completed course in their districts; 
said board may collect from resident districts of such students tuition fee 
not to exceed $1 per week. Students not residing in any free high-school dis- 
trict and who have completed course in districts of their residence may 
attend any free high school of Wisconsin or of another State when more 
convenient and school is approved upon payment by district of pupil's resi- 
dence of tuition not to exceed $1 per week. Common-school diploma shall 
be filed as basis for claim for high-school tuition. Tax shall be levied upon 
town or village where nonresident lives to pay such tuition. 



N (b). HIGH-SCHOOL INSPECTION. 691 

See also A (b2), State oflBicers; A (d), District boards and officers; B (e), 
State aid for elementary education; C (b), Local bonds and indebtedness; 
E (b), Teachers' certificates, general; G (c), County and local normal schools; 
H (e), Consolidation of districts, etc.; K (c). Uniformity of textbooks. 
Wyoming: A high-school district may be organized from any number of 
common-school districts. On petition of 100 freeholders, some of whom shall 
reside in each district to be affected, county commissioners shall order an 
election in districts proposed to be participants to determine question of 
organizing a high-school district ; majority vote shall determine and all 
districts a majority of whose voters shall favor proposition shall become par- 
ticipants. County commissioners shall appoint six persons who, with county 
superintendent, shall constitute board of trustees to hold until their suc- 
cessors are elected at next annual election. Term of trustees elected two 
years, three being elected every year. Vacancies filled until next election by 
remaining members of board. When county seat is within territory, high 
school of that district shall be located in such county seat. County treasurer 
shall be custodian of funds. Trustees shall have same powers as trustees of 
common-school districts and high-school district shall receive all the rights 
and benefits of other districts. Trustees shall annually recommend to county 
commissioners amount of taxes needed for building purposes and for mainte- 
nance, but not exceeding 10 mills on the dollar shall be levied for all purposes, 
and for teachers' wages and contingent expenses only, not exceeding 2 mills 
shall be levied. In lieu of tax for building purposes bonds may be issued; 
trustees may order an election to determine question of issuing bonds for not 
to exceed $50,000 and not to run longer than 25 years ; indebtedness of terri- 
tory may not be increased beyond constitutional limit; majority vote deter- 
mines; county commissioners shall levy in such district sufficient tax to paj/ 
interest and create sinking fund. Trustees shall locate school and provide 
building; they shall employ a principal and necessary teachers and fix their 
salaries. Course of study shall be such as to prepare for entrance to State 
university. Tuition shall be free to all persons of school age of the district, 
but no pupil shall be admitted who shall not have passed a satisfactory exami- 
nation or be holder of an eighth-grade common-school certificate; persons 
residing outside the district may be admitted on payment of tuition fixed by 
trustees. Trustees shall receive no compensation, but those residing outside 
the common-school district where high school is located shall receive mileage. 
Graduate shall be entitled for one year to enter any State institution without 
examination. An adjoining common-school district may be annexed to a high- 
school district by majority vote of electors of high-school district; such elec- 
tion shall be ordered by county commissioners on petition of 10 freeholders of 
common-school district. 

See also A (f), Administrative units — districts, etc.; E (b), Teachers' cer- 
tificates, general. 



N (b) . High-School Inspection. 

Arkansas: See A (bl). State boards; N (a), High schools. 

California: See A (b2), State officers; N (a), High schools. 

Indiana: The State superintendent shall, with the approval of the State board 
of education, appoint a high-school inspector to carry out the duties imposed 
upon said State board in inspecting high schools. Said inspector shall receive 
$2,500 annually and expenses. 



692 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Iowa: See G (c), County and local normal schools. 
Louisiana: See A (bl), State boards. 
Maine: See N (a), High schools. 

Maryland: See A (b2), State officers; N (a), High schools. 
Massachusetts: See A (bl). State boards; N (a), High schools. 
Minnesota: See N (a), High schools. 
Mississippi: See N (a), High schools. 

3Iissouri: See A (b2), State officers; G (c), County and local normal schools. 
Nebraska: See G (c), County and local nomial schools. 
New Hampshire: See N (a), High schools. 
New Jersey: See A (b2), State officers. 
New York: See A (bl), State boards; A (b2), State officers. 
North Carolina: See N (a), High schools. 
North Dakota: See A (bl), State boards; N (a), High schools. 
Ohio: See A (f), Administrative units — districts, etc. 
Pennsylvania: See A (b2), State officers; A (c2), County officers. 
South Carolina: See N (a), High schools. 
South Dakota: See A (b2), State officers. 
Tennessee: See B (a), General State finance and support. 
Utah: See X (a), High schools. 
Vermont: See A (bl), State boards. 
Virginia: See N (a), High schools. 

Washington: See A (bl), State boards; A (b2), State officers; N (a), High 
schools. 

West Virginia: See N (a), High schools. 

Wisconsin: See A (b2), State officers; A (d). District boards and officers; 
B (e), State aid for elementary education; N (a), High schools. 



O. TECHNICAL, INDUSTRIAL, AND VOCATIONAL SCHOOLS: 
ELEMENTARY AND SECONDARY. 



(a) General. 

Arizona: See G (b), State normal schools. 

California: The California Polytechnic School is established in county of 
San Luis Obispo for training both sexes in the mental and manual arts and 
sciences, including agriculture, mechanics, engineering, business methods, 
domestic economy, and similar branches. Governor, State superintendent, 
and five members appointed by the governor shall constitute the board of 
trustees. 

See also A (bl). State boards; A (b2), State officers; U (e), Schools for 
dependents and delinquents. 

Connecticut: The State board of education, town school committees, and 
district board of education may jointly or severally establish and maintain 
schools or courses in trades, occupations, and avocations ; said courses may be 



(a). IKDUSTRIAL EDUCATION, GENERAL. 6^3 

organized into day, evening, continuation, or part-time classes. Said com- 
mittees or district board shall appoint advisory committees to be composed 
in part of tliose experienced in trades or occupations. State aid to approved 
vocational schools shall be one-half the gross cost of maintenance, less re- 
turns from sale of products, but not to exceed $50 annually per pupil in 
average attendance. When such schools are organized and conducted by the 
State board. State shall pay the net expense of maintenance, including rental 
of building for first two years. No money shall be expended by State board 
unless the town or district in which school or course is located shall provide 
approved building and equipment, except during first two years, when State 
board may rent building. Total annual expense by the State for the purposes 
of this act shall not exceed $125,000. The State board is authorized to estab- 
lish at State expense a public day and evening trade school in each of two 
towns, but no person under 14 years old shall be admitted thereto, except 
during vacations. Said board may contract with manufacturing establish- 
ments in which pupils of said schools may have half-time practice. 

The school board of any town, city, or borough may establish vocational 
guidance as a part of its educational system and may employ a " vocational 
counselor." 

Georgia: The county board of education may organize in each county one or 
more manual-labor schools on such plan as shall be self-sustaining, but plan 
must have approval of State board of education. 

Idaho: See A (bl). State boards. 

Indiana: "Vocational education," "industrial education," "agricultural edu- 
cation," " domestic science," " industrial, agi'icultural, or domestic-science 
school or department," " approved industrial, agricultural, or domestic-science 
school or department," "evening class," and "part-time classes" are defined. 
Any school city, town, or township may establish vocational schools or de- 
partments for industrial, agricultural, and domestic-science education and 
may levy a tax of not exceeding 10 cents on each $100 of taxable property 
for the maintenance thereof, or may maintain the same from the common- 
school funds. Such instruction may be given in day, part-time, and evening 
classes; persons between 14 and 25 years old may be admitted, but persons 
entering evening classes shall be over 17 years old. Two or more school 
corporations may unite in establishing such school or classes. Elementary 
agriculture shall be taught in the grades of all town and township schools; 
elementary industrial work shall be taught in the grades of all city and town 
schools; elementary domestic science shall be taught in the grades of all 
schools. State board of education shall aid school authorities in the estab- 
lishment and maintenance of such schools. Said board shall be constituted 
as follows: State superintendent, presidents of the State university, Purdue 
University, and the State normal school, superintendents of the three cities 
having the largest enumeration of children of school age, three citizens ac- 
tively engaged in educational work, at least one of whom shall be a county 
superintendent, three persons interested in vocational education; governor 
shall appoint those not ex oflBcio. State superintendent shall, with approval 
of State board, appoint a deputy superintendent in charge of industrial and 
domestic-science education ; he shall cooperate with Purdue University in the 
appointment of a supervisor of agricultural instruction. Boards of education 
or township trustees administering vocational schools under this act shall 
each appoint an advisory committee, to be composed of members representing 
local trades, industries, and occupations. Any resident of a school corpora- 
tion not maintaining a vocational school may make application to attend such 



694 STATE LAWS RELATING TO PUBLIC EDUCATlOK. 

a school in another corporation, and State board of education shall finally 
determine whether such application shall be granted ; if application is granted, 
corporation where pupil resides shall pay tuition. When any school corpora- 
tion shall have established a vocational school under this act the authorities 
thereof may require all j^ouths between 14 and 16 years old who are regularly 
employed to attend said school not less than five hours a week between 8 
a. m. and 5 p. m. On petition of 20 or more farmers, accompanied by a de- 
posit of $500 to cover expenses, county council shall appropriate annually 
$1,500 to pay salary and other expenses of a county agricultural agent ; Pur- 
due University shall appoint such agent, subject to county and State boards 
of education ; not exceeding $1,000 from the State funds provided in this act 
shall be paid to pay one-half the salary of said county agent. Vocational 
schools approved by the State board of education shall receive from the State 
an amount equal to two-thirds of the cost of vocational instruction given 
therein ; school cities, towns, and townships which have paid claims for tui- 
tion in approved vocational schools shall be reimbursed by the State to the 
extent of one-half the amount paid. A State tax of 1 cent on each $100 shall 
be levied to carry out the provisions of this act. 
See also A (bl). State boards. 

Kansas: School boards may, in addition to other levies, levy a tax of one- 
eighth of 1 mill in cities of the first and second classes and one-fourth of 1 
mill in school districts for the maintenance of industrial training schools or 
departments; course of study must have approval of State board of educa- 
tion, and such board shall grant special certificates to those qualified to 
teach industrial subjects. (No appropriation for State aid in 1913 and 1914.) 

Kentucky: See A (f), Administrative units — districts, etc. 

Louisiana: See Q (f), Other technical and professional schools. 

Maine: State superintendent shall aid in introduction of industrial courses in 
free high schools and academies receiving State aid and shall inspect courses 
of study offered therein. Trustees of normal schools shall provide courses 
in manual arts, domestic science, and agriculture to enable graduates to 
teach elementary courses in these subjects ; in one normal school courses 
shall be extended for special teachers of manual training, in one courses 
shall be extended for special teachers of domestic science; trustees may 
expend $6,000 in addition to regular appropriation for such two special 
courses. When superintendent of town shall certify to State superintendent 
that manual training or domestic science is provided in elementary schools, 
State aid shall be paid to amount of two-thirds of salary paid each teacher, 
but not to exceed $800 for any one instructor; appropriation made by town 
shall be exclusive of any other sum received from State for schools and of 
minimum local tax required; courses must 'have approval of State superin- 
tendent. Any free high school or academy providing courses in agriculture 
and the domestic and mechanic arts shall receive State aid equal to two-thirds 
of the total expenditure for such courses, but not exceeding $500 per school. 
Towns maintaining e\;ening schools with courses in mechanical drawing, 
domestic science, manual training, or the elements of trades shall be reim- 
bursed in amount equal to two-thirds of amount expended for such evening 
school. When authorized by town, school committee shall maintain a general 
industrial school for teaching agriculture, household arts, the mechanic arts, 
and the trades ; open to pupils who have completed elementary course or have 
reached 15 years of age; town conducting school in trades and industries 
for 36 weeks and employing at least one teacher exclusively for such instruc- 



(a). INDUSTRIAL EDUCATION, GENERAL. 695 

tion and maintaining average attendance of at least 20 pupils shall receive 
State aid to amount of two- thirds of sum expended for such school, but not 
to exceed $2,000. State appropriation of $40,000. 

Maryland: County board school commissioners shall, when suitable accommo- 
dations are furnished by county, provide for a colored industrial school or 
schools with daily instruction in domestic science and industrial arts; State 
board of education shall then appoint an insi^ector ; if inspection is favorable, 
school shall be entitled " to receive the special appropriation for industrial 
education." Comptroller, on receiving certificate of approval, is directed to 
issue warrant for $1,500, payable out of any available money in treasury; 
about one half for support of one colored industrial school in the county, the 
other half for a trained supervisor of colored schools, who shall cause in- 
struction of an industrial character to be made " a daily part of the work 
of every colored school " ; after first year the industrial school must have 
average attendance of 30 pupils, and ttiere must be as many as 10 colored 
schools in county ; if less than 10 colored schools, State board may pay $750 ; 
State superintendent shall supervise industrial and agricultural training 
done under this act, collect statistics, certify names of counties complying 
to comptroller, and make full report to State board ; county boards authorized 
to make manual training, domestic science, and agriculture a part of the 
course in any school. This law shall not repeal annual appropriation of $1,500 
for manual training in Charles County payable to the McDonough Institute. 

Massachusetts: "Vocational education," "industrial education," "agricultural 
education," " household-arts education," " independent industrial, agricul- 
tural, or household-arts school," " evening class," " part-time or continuation 
class," " independent agricultural school," and " independent household-arts 
school " are defined. The State board of education is authorized to investi- 
gate and to aid in the introduction of industrial, agricultural, and household- 
arts education ; to initiate and superintend the establishment and maintenance 
of schools for the aforesaid forms of education ; and to supervise and approve 
such schools. Said board shall report annually to legislature on aforesaid 
forms of education. Schools for such forms of education may offer instruction 
in day, part-time, and evening classes ; attendance upon such day or part- 
time classes shall be restricted to those over 14 and under 25 years old ; and 
upon such evening classes, to those over 17 years old. Any city or town may, 
through its school committee or through a board of trustees elected by the 
city or tovm for a period not to exceed five years, establish and maintain such 
schools. Districts composed of cities or towns, or of cities and towns, may 
. establish and maintain such schools ; boards of trustees for such districts may 
consist of the chairman and two other members of the school committee of 
each of such cities or towns, or any such city or town may elect three resi- 
dents thereof to serve as representatives on such board ; such district board 
may adopt for period of one year or more a plan for said schools, and if ap- 
proved by State board shall constitute a binding contract between the cities 
or towns, and such plan shall not be altered except by two-thirds vote of 
district board and the consent of the State board. Local and district boards 
for vocational education shall appoint advisory committees composed of repre- 
sentatives of local trades, industries, and occupations. Any nonresident pupil 
may attend, with approval of State board, vocational schools ; tuition for such 
pupil shall be paid by the city or town where such pupil resides, and such 
city or town shall be reimbursed by the State for the same. The State shall 
pay annually to cities and towns maintaining such schools an amount equal 
to one-half the sum, to be known as the net maintenance sum ; such net 



696 STATE LAWS RELATING TO PUBLIC EDUCATION. 

maintenance sum shall consist of the total sum raised by local taxation and 
expended for maintenance of such school, less the amount for the same period 
of tuition claims and less receipts from the work of pupils or the sale of 
products. Cities and towns maintaining agricultural departments in high 
schools shall be reimbursed only to the extent of two-thirds of the salary of 
instructors in such departments, but the total of such reimbursement for 
salaries of such instructors shall not exceed $10,000 for any year. Cities and 
towns that have paid tuition in vocational schools shall be reimbursed by 
the State to the extent of one-half of such tuition. Any city or town may, 
through its school committee or other board for vocational education, estab- 
lish and maintain evening classes in household and other practical arts for 
women over 17 years old. 

See also A (bl), State boards; C (c), Local taxation; G (b), State normal 
schools; O (d). Continuation schools. 

Michigan: Any school district with die consent of a majority of the qualified 
electors voting at an election may establish and maintain trade, industrial, 
marine, vocational, and manual-training schools and school gymnasiums ; may 
provide necessary sites, buildings, teachers, etc., and. defray the cost of the 
same out of the general tax upon the taxable property of the district. Said 
district may hold for such purpose gifts and bequests as permanent funds. 

Minnesota: See B (e). State aid for elementary education. 

Mississippi: See Q (f). Other technical and professional schools. 

Missouri: See T (b), Schools for the deaf. 

Montana: Elementary manual and industrial training may form a part of 
required course of study in all grades of the public schools; State superin- 
tendent shall formulate a course of study, or may approve course prepared 
by local officials; districts of more than 5,000 population shall, and other 
districts may, maintain at least one manual-training school ; courses shall 
have approval of State board of education; State superintendent may grant 
certificates to teachers of special subjects. In districts having a population 
of over 10,000 there shall be, and in other districts there may be, maintained 
schools or courses, in connection with manual training or city or county 
high schools, designated to furnish a direct vocational training, including 
training in agriculture and mining ; classes shall be formed when not less 
than 20 applicants desire instruction in any vocation; pupils 12 years old 
who have completed work of five grades may be admitted; pupils 14 years 
old and adults may be admitted to evening classes. Teacher must hold from 
State superintendent special certificate specifying subject to be taught. Dis- 
trict trustees may use moneys from general fund of district for support of 
manual and industrial courses; State treasurer shall pay each district and 
to each county high school maintaining manual and industrial courses $10 for 
each pupil in such course for six months ; vocational courses must have 
approval of State board of education. ("The legislature has never appro- 
priated any money for the pui-pose mentioned." — Deputy State Commissioner 
of Education.) 

New Hampshire: See A (b2), State officers. 

New Jersey: The terms, " vocational education," " industrial education," " agri- 
cultural education," " household education," " industrial, agricultural, or house- 
hold-arts school," " evening classes," and " part-time or continuation class " 
are defined in the law. Commissioner of education shall investigate necessity 
of industrial, agricultural, and household-arts education and shall, subject 
to approval of State board of education, superintend establishment and main- 



(a). INDUSTRIAL EDUCATION, GENERAL. 697 

tenance of schools for said forms of education; instruction in said forms of 
education may be given in day, part-time, and evening classes; school board 
of any district may establish and maintain schools or classes for said forms 
of education ; two or more districts may jointly establish and maintain such 
schools or classes; the location, rules of management, and courses of study 
of such schools must be approved by said commissioner, subject to advice 
and consent of State board; moneys for needs of such schools shall be 
appropriated in same manner as moneys are appropriated for needs of 
union graded schools; any district establishing and maintaining such school 
shall, on order of said commissioner, receive from tTie State an amount 
equal to that raised by the district for such school, exclusive of amount 
appropriated for purchase of site and erection of buildings, and annually 
thereafter an amount equal to amount raised by such district, but such aid 
for support and maintenance of any such school shall not in any year exceed 
$10,000. A county vocational school may be located in any county; State 
board shall prescribe rules for such schools ; location of any such school and 
courses therein must be approved by the commissioner of education, with 
advice and consent of State board. Board of education for such county 
school shall consist of county superintendent and four persons appointed by 
court of common pleas of such county, one appointed each year, to serve 
four years; appointive members shall have been residents of county for 
three years immediately preceding appointment; said board shall be a body 
corporate. Powers of county vocational school J)oard: To purchase, sell, 
and improve school grounds ; erect, lease, enlarge, improve, and repair school 
buildings and equip such buildings; condemn property for school purposes; 
insure school buildings and hold property in trust for benefit of school; 
employ and fix salaries of principals, teachers, and other employees; pre- 
scribe courses of study; appoint and fix salary of treasurer, who shall not 
be a member of board; make rules, regulations, and by-laws; suspend and 
expel pupils from school; provide textbooks and supplies; make annual 
report to commissioner of education; appoint and fix term and salary of a 
secretary. Supplies shall be purchased and buildings erected under contract, 
after advertisement for proposals; supplies to value of $250 may be pur- 
chased, and repairs to extent of $500 may be made by said board without 
so advertising; textbooks may be bought without advertisement. Board of 
school estimate of a county vocational school shall consist of two members 
of board of education of such school appointed by it, two members of board 
of chosen freeholders of the county appointed by said board, and the judge 
of county court of common pleas; said board of education shall deliver to 
said board of estimate annually an estimate of moneys needed for support 
of said school; board of estimate shall determine amounts necessary and 
shall instruct board of chosen freeholders to levy and collect the same on 
the taxable property of the district; said board of freeholders shall levy 
a tax for purchasing lands or erecting buildings for such school, or may 
borrow money therefor at rate of interest not to exceed 5 per cent per 
annum, and may issue bonds to secure such loans when directed to do so 
by said board of estimate, after submission of budget to board of estimate 
by said board of vocational school ; such bonds shall run not longer than 
30 years, must be sold for not less than par and accrued interest, and 
county shall levy tax to pay interest on such bonds and to create sinking 
fund for retirement thereof; county vocational schools shall receive State 
aid in same manner as that provided for other vocational schools; amounts 
for such aid shall be deducted from State school moneys prior to apportion- 
ment of such moneys among the various counties of the State. State board 



698 STATE LAWS RiELATING TO PUBLIC EDUCATION. 

of education may for good cause withhold such aid from said vocational 
schools. Total State aid for vocational schools shall not exceed $80,000 
annually. 

Whenever board of education, school committee, or other like body of any 
city, town, or township shall raise $300, by subscription or otherwise, for 
establishment of a school or schools for industrial education, a like sum shall 
be appropriated to such unit by the State, but not to exceed in any one year 
$7,000 ; State aid shall be given annually for maintenance of such school equal 
to amount raised by such unit for such purpose ; said city, town, or township 
may raise tax for support of such school such sum as may be deemed expe- 
dient and just. Board of trustees of each such school shall consist of the 
governor and mayor or other chief executive officer of the city, town, or 
townhip, ex officio, and eight persons appointed by governor, two each year, 
to serve four years. Powers and duties of such hoard: To have charge of 
industrial-school property; regulate tuition fees; appoint teachers; prescribe 
courses of study ; grant certificates of graduation ; appoint treasurer of board ; 
frame by-laws ; report annually to State and local boards of education. Said 
trustees shall receive no compensation, but shall be allowed official expenses ; 
said board shall be a body corporate. Whenever the board of trustees for 
industrial education of a city shall acquire $100,000 for purchase of site and 
erection and equipment of a building for purposes of industrial education and 
sum of not less than $3,000 has been contributed for establishment of such 
school or schools a like sum shall be appropriated by State for such school or 
schools, and annual aid for maintenance shall be given equal to sum raised 
by said city for such purpose, but moneys contributed by State as aforesaid 
shall not in any year exceed $10,000. Any city of second class may raise 
$50,000 for purposes of industrial education; said city may issue bonds for 
such purpose, to run for no longer than 20 years, to bear not exceeding 4 per 
cent interest per annum, and to be sold not below par ; taxes shall be levied 
to pay interest on such bonds and to create sinking fund therefor. 

The manual-training and industrial school for colored youth at Bordentown 
shall be under control of State board of education. Duties of said hoard 
relative to said school: To have care of property; expend funds appropriated 
for support thereof; appoint and fix salaries of a principal, teachers, and 
other employees ; prescribe studies ; prescribe rules for management of school 
and for admission of pupils. Tuition shall be free. Each county shall be 
entitled to at least as many pupils in said school as it shall have representa- 
tives in the legislature. State board shall appoint and fix salary of treasurer 
of said school. 

See also A (bl), State boards; A (b2). State officers; B (e), State aid for 
elementary education; L (i). Manual and industrial education. 
New Mexico: The interest of the invested school funds of Las Vegas may be 
applied to the maintenance of an industrial manual-training school for boys 
and girls, which said school shall be located in the town of Las Vegas. 

See also A (b2). State officers. 
New York: The school authorities of any city may establish and maintain 
as a part of the public-school system the following: (1) General industrial 
schools for pupils who have completed elementary-school course or are 14 
years old; (2) trade schools open to pupils 16 years old or to pupils who 
have completed either the elementary-school course or a general industrial 
course or who shall meet other requirements of board; (3) schools of agricul- 
ture, mechanic arts, and home making, open to pupils who have completed 
elementary-school course or are 14 years old or who shall meet requirements 



(a). INDUSTRIAL EDUCATION, GENERAL. 6^9 

Of board; (4) part-time or continuation schools open to pupils over 14 years 
old who are employed during part of day in any useful service; (5) evening 
vocational schools open to persons over 16 years old v^ho are employed during 
the day. The board of education of any union free-school district may estab- 
lish and maintain such schools when authorized by a district meeting; the 
trustee or trustees in common-school districts may establish a school or 
course in agriculture, mechanic arts, and home making when authorized by a 
district meeting. In any city establishing such a school the board of edu- 
cation or like authority in a city not having such board shall appoint an 
advisory board of five members representing the local trades, industries, and 
occupations, appointed annually, in rotation, in groups of two and three ; term 
of oflBce, two years ; said advisory board shall counsel with and advise school 
authorities relative to schools and instruction hereinbefore provided. Com- 
missioner of education shall annually apportion from State school funds to 
each city and union free-school district for each general industrial school, 
trade school, part-time or continuation school, or evening vocational school 
maintained therein for 36 weeks during year and employing one teacher 
exclusively for such school and having enrollment of at least 15 pupils and 
approved by said commissioner, a sum equal to two-thirds of salary of such 
teacher, but not exceeding $1,000 per year ; a like sum, and upon like condi- 
tions, shall be apportioned to cities, union free-school districts, and common- 
school districts maintaining schools of agriculture, mechanic arts, and home 
making; where the teacher is employed for the entire year State aid may 

. be increased by $200, but State aid for such teacher shall not in any year 
exceed $1,000; said commissioner shall apportion to each city and union 
free-school district for each additional teacher employed exclusively in 
schools hereinbefore provided one-third of annual salary, not to exceed $1,000 
for each such teacher per year, such service to be for at least 36 weeks; 
said commissioner may apportion such funds to such schools conducted for 
a shorter period than 36 weeks or for time less than a regular school day 
an amount pro rata to length of session or time teachers are employed; 
manual-training high schools or manual-traming departments of high schools 
shall receive no part of such funds ; funds so apportioned shall be used exclu- 
sively for teachers' salaries. The board of education, or school officer with 
like powers, of each city shall annually file with the common council of such 
city an estimate of expenditures necessary for schools hereinbefore provided, 
and such estimate, after State aid has been deducted, shall be included in 
annual tax budget of such city ; said common council may, by a two-thirds 
vote, reduce or reject any item included in such estimate ; the board of educa- 
tion in a union free-school district maintaining any of aforesaid schools shall, 
after deducting State aid, include in its estimate expenses for such schools, 
and such amount shall be levied on taxable property of the district. The 
State agricultural schools may give courses for training of teachers in agricul- 
ture, mechanic arts, domestic science, or home making, approved by the com- 
missioner of education; such schools may receive State aid as provided for 
schools in union free districts; graduates from such courses may receive 
licenses to teach said subjects, subject to rules and regulations of commis- 
sioner of education. 

See also B (a). General State finance and support. 

North Carolina: See G (b). State normal schools. 

North Dakota: A normal and industrial school is located at Ellendale. The 
object of such school shall be to give instruction in manual training, cooking, 
sewing, and the like, and to prepare teachers for the public schools with 



VOO STATE LAWS RELATING TO PUBLIC EDUCATION. 

special reference to manual training. The proceeds of the sale of lands 
granted by the State to said institution are pledged for the establishment 
and support of the same. Board of trustees shall consist of five members, 
appointed by the governor with the consent of the senate. 

Ohio: See A (f), Administrative units — districts, etc. 

Oregon: See A (f), Administrative units — districts, etc. 

Pennsylvania: Board of trustees of Thaddeus Stevens Industrial School shall 
consist of nine members, who shall servie without compensation and shall be 
appointed by the governor by and with the advice of the senate; three such 
trustees shall be appointed each year to serve three years; said board shall 
be a body corporate; State superintendent shall be ex officio member of 
board. There shall be admitted to said school boys under 14 years old; no 
distinction shall be made on account of race, color, or religion. - Instruction 
shall be given in reading, writing, arithmetic, drawing, duties of citizenship, 
elementary manual training, elements of farming, and other subjects as may 
be required. The governor, State superintendent, judges of the several courts 
of the State, and members of the legislature shall be ex officio visitors of said 
institution. 

'' Vocational education," " industrial education," " agricultural education," 
" household-arts education," " evening classes," and " part-time or continua- 
tion classes " are defined. The State board of education is authorized to inves- 
tigate and aid in the introduction of industrial, agricultural, and- household- 
arts education ; and to establish, inspect, and approve schools for such forms 
of education ; said board shall make annual reports to the governor and legis- 
lature in reference to such education. The State superintendent shall be the 
executive officer of said board in reference to such forms of education, and 

" with the approval of the State board shall appoint such assistants as may be 
necessary to carry out the provisions of this act. Instruction in said forms 
of education may be offered in day, part-time, and evening classes; attend- 
ance upon such classes shall be restricted to those over 14 years old. Any 
school district may, through its board of directors, establish and maintain 
Industrial, agricultural, and household-arts schools or departments; said 
boards may provide revenue for such schools or departments; two or more 
districts may jointly support vocational schools or departments. Local school 
boards may, under a plan to be approved by the State board, appoint an 
advisory committee for such schools or departments, the said committee to 
be composed of representatives of trades, industries, and occupations. Non- 
resident pupils may be admitted to vocational schools or departments upon 
payment by resident districts of tuition ; State board may require such schools 
to admit nonresidents. The State shall pay two-thirds cost of maintenance of 
said, vocational schools when the same are approved, but no one school dis- 
trict shall receive more than $5,000 in any one school year; school districts 
paying tuition in such schools shall be reimbursed to extent of one-half of 
sum so expended. State board shall make biennial estimates of cost of such 
vocational schools and departments. 

See also A (bl). State boards; A (d), District boards and officers; M (c), 
Evening schools. 

Rhode Island: In case any town shall provide instruction in manual training 
and household arts in public schools, with approval of State board of educa- 
tion, such town shall receive from State one-half amount expended for appa- 
ratus. Any town maintaining day or evening courses in vocational industrial 
education, including agriculture, mechanical, and industrial arts, when ap- 
proved by State board, shall receive from State one-half cost of maintenance; 



O (a). INDUSTRIAL EDUCATION, GENERAL. 701 

equipment and buildings shall not be included in this reckoning; manual- 
training high schools shall not be included in this class unless maintaining 
industrial courses; sum of $5,000 shall be annually appropriated for such 
purpose. 

Moneys appropriated for Rhode Island School of Design shall be paid by 
State treasurer upon orders of State board of education; said board may 
examine said school at pleasure. Directors of said school shall make annual 
report to State board ; State board may elect two of their number to serve as 
ex officio directors of said school. State board may appoint as State bene- 
ficiaries at said school suitable persons who are without means; in making 
such appointments said board shall consider, as far as practicable, population 
of the several counties ; for such purpose $11,000 shall be annually appropri- 
ated. Sum of $5,000 shall be annually appropriated for textile department of 
said school, and when a special textile building shall be constructed for said 
school a further appropriation of $5,000 per year shall be made. (The sup- 
port of this school is partly public, partly private, and partly by endowment.) 
See also A (bl). State boards. 

Tennessee: See B (a), General State finance and support. 

"Utah: See A (f). Administrative units — districts, etc. 

V^irginia: The State board of education shall investigate and assist in the 
introduction of industrial, agricultural, household arts, and commercial 
education; aid local authorities in establishing schools and departments for 
such instruction, and inspect the same; allow to such schools and depart- 
ments, when approved, the money to which they are entitled. Any school 
board may establish and maintain all-day, part-time, continuation, or evening 
schools for such instruction. 

A united agricultural board is established; said board shall be composed 
of the governor, superintendent of public instruction, and representatives of 
agricultural institutions of the State; it shall associate with itself repre- 
sentatives of the Department of Agriculture, at Washington. Said board 
.shall assign to the College of Agriculture and Polytechnic Institute adult 
demonstration work and movable schools; to agricultural experiment sta- 
tions, the direction of local or district experiment stations ; to the State board 
of education, the experimental and demonstration work in connection with 
the public schools; to the commissioner and State board of agriculture, the 
direction of farmers' institutes. To each such agency $5,000 is appropriated 
for the purpose indicated. 

Washington: See IT (e). Schools for dependents and delinquents. 

West Virginia: The financial and business affairs of the Bluefield Colored 
institute shall be under the charge and control of the State board of control ; 
educational affairs shall be under government of the State board of regents. 
Such branches as are taught in the preparatory department of West Virginia 
University and in the normal schools of the State shall be taught in said 
school ; no student shall receive tuition free in such branches except in such 
as are taught free in the preparatory department of West Virginia University 
and in normal department. Regents shall employ and fix salaries of officers 
and teachers in said school. All fees collected in said school shall be applied 
to expenses thereof. 

Wisconsin: State board of industrial education shall be composed of six 
members, appointed by governor, and of State superintendent and the dean 
of the extension department and the dean of the college of engineering of 
State university, ex officio; three of appointive members shall be employers 



702 STATE LAWS KELATING TO PUBLIC EDUCATION. 

of labor, and three skilled employees, wtio shall serve two years ; said board 
shall meet quarterly and shall report biennially. State superintendent shall 
appoint an assistant for industrial education, who, with advice, consent, and 
direction of said superintendent, shall have supervision over public indus- 
trial schools, public evening schools, continuation schools, and commercial 
schools. Laws relating to agricultural schools and Platteville mining-trade 
school shall remain unaffected by these provisions. Said superintendent 
shall have such other assistants as may be needed for such work, to be 
appointed from civil-service examination list. In every town or village 
or city of over 5,000 inhabitants there shall be, and in other municipalities 
there may be, a local board of industrial education, to consist of superintend- 
ent of schools ex officio, or if there be no superintendent, of principal of 
high school ex officio, or if there be neither superintendent nor principal, 
of chairman of school board ex officio, and four other members, two employers 
and two employees, appointed by school board, to serve without pay; term, 
two years ; said local boards of industrial education have general supervision 
of instruction in local industrial schools ; neither State aid nor money 
appropriated by municipality shall be spent for industrial schools without 
approval of said local board; said board shall employ and determine quali- 
fications of teachers for such schools; said board shall acquire property and 
equipment for said schools; said board may contract with extension division 
of State university, for certain . instruction in said schools ; an industrial 
school shall be established upon application of 25 persons qualified to attend. 
Said local board shall annually certify amount of money needed for indus- 
trial schools, and such amount shall be levied on taxable property of the 
city, village, or town, but rate thereof shall not exceed one-half mill on the 
dollar; amount so raised shall be used exclusively for industrial schools. 
Courses of study for said schools must be approved by State superintendent 
and State board of industrial education, and shall include English, citizen- 
ship, sanitation and hygiene, use of safety devices, and such other subjects 
as shall be approved. Not more than $10,000 of State aid shall be given 
to said schools in any one city, village, or town, and not more than 45 such 
schools shall receive such aid; secretary of each local board of industrial 
education shall annually make report to State superintendent relative to 
industrial schools; each such school, when approved, shall receive from 
State one-half amount expended for same, not to exceed $3,000 annually. 
Industrial schools shall be open to residents over 14 years old who are not 
required by law to attend other schools; nonresidents may be admitted to 
such schools upon payment of tuition of not more than 50 cents per week; 
students shall pay for material used. Nothing in this act shall interfere 
with trade schools as established by law., unless the school board of any 
such city or school district shall by majority vote adopt provisions relating 
to industrial education as herein provided. 

See also G (b), State normal schools; N (a). High schools. 
Wyoming: School board of any district may establish industrial and manual 
training schools. 



O (b) . Agricultural Schools. 

See also L (j), Agriculture. , 
Alabama: One agricultural school established in each congressional district. 
Board of control: Governor, State superintendent, commissioner of agricul- 
ture and industries, two members appointed by governor from respective dis- 



O (b). AGEICULTUEAL SCHOOLS. 703 

tricts wherein school for which they are appointed, is located; term, four 
years. Board elects oflScers and instructors, prescribes their duties, and makes 
rules and regulations for the government of the school. Annual appropria- 
tion, $4,500 for each school; $3,000 additional if goA^ernor finds state of 
treasury will warrant; $1,500 of appropriation shall be used for farm and 
experiment station. 

Arkansas: The State is divided into four districts, and an agricultural school, 
in which shall be taught agriculture, horticulture, and the art of textile 
manufacturing is established In each such district. Board of trustees: Five 
intelligent farmers; term, 10 years, one being appointed by the governor 
every two years. No student under the age of 15 shall be admitted. Annual 
State appropriations are made for such schools. 

Colorado: See Q (b). Agricultural colleges. 

Georgia: The governor may establish and cause to be maintained an agricul- 
tural and industrial school in each congressional district; all fees received 
for the inspection of fertilizers, oils, etc., by the department of agriculture 
shall be devoted to the support of such schools; governor shall appoint 
from each county in the respective districts one trustee for the school to 
be established in such district; term, six years. Governor is authorized to 
receive from any county or citizens thereof a site of not less than 200 acres 
in area and additional donations as buildings, etc., if more than two such 
sites are offered, governor and trustees shall select one of those offered. One- 
half of the net proceeds of sale of products of farm and shops shall be used 
to pay students for labor, but no student shall receive more than $100 per an- 
num. Course of studies shall include agriculture and the mechanic arts and 
such other branches as will enable students to enter freshmen class of State 
college of agriculture. Faculty shall be chosen by trustees. After first 
buildings are provided all work about the schools shall be done by students. 
Tuition shall be free; trustees shall equalize as far as possible the privi- 
leges of the school among the counties of the district. So much is appropri- 
ated that, including inspection fees, $10,000 annually will be provided for each 
school. 

Indiana: See O (a). Industrial education, general. " 

Kansas: See G (c), County and local normal schools; O (a). Industrial edu- 
cation, general. 

Maine: See O (a), Industrial education, general. 

Maryland: See Q (b), Agricultural colleges. 

Massachusetts: See O (a), Industrial education, general. 

Michigan: Upon petition of 10 per cent of the qualified voters of any county, 
the county board of supervisors shall submit to a vote of the people the ques- 
tion of establishing a county school of agriculture, manual training, and do- 
mestic economy ; if a majorit3^ of those voting are in favor thereof, said board 
shall establish such school. By a two-thirds vote said supervisors may submit 
to the voters the question of contracting indebtedness or issuing bonds for 
organizing and equipping such school and a majority of those voting shall 
determine. Such school shall be under the control of a "county school 
l3oard " to be composed of the county commissioner of schools and four mem- 
bers appointed by the board of supervisors; term of appointive members, four 
years, one being appointed each year. When two or more counties unite to 
establish such a school, the board shall consist of the commissioner of 
schools of the county in which schoolhouse is located and two members from 



704 STATE LAWS KELATING TO PUBLIC EDUCATION. 

each county; term of members from each county, two years, one being ap- 
pointed each year. When two or more counties shall so unite, the support 
of such school shall be borne by said counties in proportion to the taxable 
property therein. In such schools instruction shall be given in agriculture, 
including soils, plant and animal life, and farm accounting, and in manual 
training, domestic economy and related subjects. Each such school shall 
have a tract of hind of not less than 10 acres. Such school shall be free to 
the residents of the county or counties supporting the same, if such residents 
are qualified to take the required course. State superintendent shall have the 
general supervision of such schools and, with the president of the Michigan 
Agricultural College, shall determine the qualifications of teachers therein, 
but no person shall be superintendent of such school unless he is a graduate 
of the State agricultural college. Any school approved by the State super- 
intendent and president of the agricultural college, having buildings and 
equipment costing $20,000 or more, and having at least 80 acres of land 
shall> so long as it remains so approved; receive State aid of two- thirds of 
cost of maintenance, but not to exceed $4,000 a year. State-aided schools shall 
be free to the inhabitants of the State. 

Mississippi: See N (a). High schools. 

Missouri: See N (a). High schools. 

Montana: See A (c2). County ofiicers; O (a), Industrial education, general. 

Nebraska: See N (a), High schools. 

New Jersey: See O (a). Industrial education, general. 

New York: The State school of agriculture at Morrisville shall be under 
control of board of seven members, consisting of commissioner of agriculture 
and the director of the State agricultural college at Cornell University, ex 
officio, and five members appointed by governor, with advice and consent of 
the senate; at least two of appointive members shall be residents of county 
of Madison, and one member shall be recommended by the State grange; 
members shall be appointed in groups of two and three alternately, one group 
every two years, to serve four years; members shall serve without compen- 
sation, but may be allowed a sum not to exceed $1,500 per year for clerical 
and other assistance. Poivers and duties of 'board: To employ teachers and 
other employees; adopt rules; prescribe course of instruction. Said board 
shall report annually to commissioner of agriculture and to legislature. Stu- 
dents who are residents of State for one year preceding admission shall re- 
ceive free tuition; all fees and proceeds of farm sales shall be reported to 
State treasurer, and same may be reappropriated to said school. Objects and 
purposes of said school: To instruct pupils in elementary and practical agri- 
culture, domestic science, and allied subjects; give courses preparatory 
for college of agriculture at Cornell University; conduct agricultural experi- 
ments. 

The State school of agriculture on Long Island shall be under the general 
supervision of the commissioner of education and under the immediate super- 
vision and management of a board of nine trustees appointed by governor, 
one from each of the five boroughs of city of New York and two each from 

* counties of Nassau and Suffolk; three of such members shall be appointed 
annually, to serve three years; trustees shall serve without pay. Board of 
trustees shall appoint and fix salaries of teachers and other employees and 
do other things necessary for welfare of said school. Tuition shall be free 
to bona fide residents of State ; all fees and receipts from farm sales shall be 
reported to State treasurer. Said school shall furnish instruction and train- 
ing in agricultural science, majiual arts, and domestic science; courseg for 



(b). AGEICULTUEAL SCHOOLS. 705 

teachers ; winter courses for farmers. The director of State college of agricul- 
ture at Cornell University, commissioner of agriculture, director of State agri- 
cultural experiment station, commissioner of education, and president of board 
of trustees of said school shall constitute an advisory board for said school. 

The State school of agriculture and domestic science at Delhi shall be 
under control of board of seven members, composed of State commissioner of 
agriculture and director of State agricultural school at Cornell University, 
ex officio, and of five appointed by governor, with advice and consent of the 
'senate; two of appointive members shall be residents of Delaware County 
and one shall be recommended by the State grange; members shall be ap- 
pointed in groups of two and three, alternately, every two years, to serve 
four years. Powers and duties of hoard: To employ teachers and other em- 
ployees ; adopt rules for their own government and government of said school 
prescribe course of instruction. Ohjects and purposes of said school: Practi 
cal instruction of pupils in agriculture, domestic science, and allied subjects 
giving of an elementary and preparatory course in agriculture in prepara 
tion for advanced courses in State agricultural school at Cornell University 
conducting of agricultural experiments. Students who have been bona fide 
residents of State for one year preceding admission shall receive free tuition ; 
all fees and receipts from sale of products shall be forwarded to State treas 
urer, and may be reappropriated to school. Board of said school shaJl annu 
ally report to State commissioner of agriculture and to legislature. 

Board of trustees of State school of agriculture at Cobleskill shall consist 
of commissioner of education, commissioner of agriculture, ex officio, and 
five members appointed by the governor ; at least three of appointive members 
shall be residents of county of Schoharie and one a resident of Cobleskill ; one 
member shall be appointed each year; term, five years; trustees shall serve 
without compensation. Poivers and duties of hoard: To employ teachers and 
other employees; adopt rules; prescribe course of Instruction. Said board 
shall report annually to commissioner of education and to legislature. Stu- 
dents who have resided in State for at least one year preceding admission 
shall receive free tuition; all fees and all receipts from farm sales shall be 
reported to State treasurer, and may be reappropriated to said school. Oh- 
jects of said school shall he: Instruction of pupils in agriculture, mechanic 
arts, and home making; instruction through extension methods; conducting 
experiments and investigations ; printing and distribution of bulletins. 

See also A (f), Administrative units — districts, etc.; B (a). General State 
finance and support; F (c), Teachers' pensions; L (j). Agriculture; O (a), 
Industrial education, general; Q (b), Agricultural colleges. 
North Carolina: There shall be established and maintained in every county 
complying with the provisions of this act a school for preparing boys for 
agricultural pursuits and girls for home making on the farm. Course of 
study shall be as approved by State superintendent. Board of trustees: 
County superintendent, ex officio, and one member from each township ap- 
pointed by county board of education; term, six years, as near one-third as 
possible retiring every two years. Trustees shall locate school where most 
financial aid is offered, but not in a town of over 1,000 inhabitants nor nearer 
than 2 miles to city or town of more than 5,000. For maintenance county or 
township or district, or all combined, shall provide annually, by taxation or 
, otherwise, not less than $2,500; they shall also provide schoolhouse, dormi- 
tories for at least 25 boys and 25 girls, barn and dairy building with equip- 
ment, and farm of not less than 25 acres, but State superintendent may 
grant permission to accept schoolhouse already constructed and may permit 

3966°— 15 i5 



706 STATE LAWS RELATING TO PUBLIC EDUCATION. 

reduction of number of acres to 10. On request of county board of educa- 
tion, county commissioners sball order an election to determine question of 
levying a special tax for tlie maintenance and equipment of a " county farm- 
life school " ; majority vote determines. If vote carries, commissioners shall 
levy sufficient tax to produce sum required for maintenance, and, if bonds 
are issued, to pay interest and create sinking fund. If a majority of voters 
vote " for county farm-life school," county commissioners shall be deemed 
authorized to issue bonds for not exceeding $25,000 to provide land, build- 
ings, and equipment. Township may issue bonds for not exceeding $25,000 
to secure location of school within its borders; two or more contiguous 
townships may unite in issuing bonds for similar purpose. If election for 
establishment of " county farm-life school " fails in any county, township or 
two or more contiguous townships may vote on question and establish such 
school, but entire county may by vote take over such school after its estab- 
lishment by townships. A high-school department shall be established in 
such farm-life school. Principal of such school shall hold high-school cer- 
tificate in all subjects except Latin, Greek and modern languages, and in 
addition a certificate from the State board of examiners and from president 
of college of agriculture and mechanic arts; teacher of girls' department 
shall have same qualifications, except that last-mentioned certificate shall be 
from president of State normal and industrial college. Such schools shall 
conduct agricultural extension work and shall offer short courses for adult 
men and women. Students not residents of county may be admitted on pay- 
ment of tuition fixed by trustees, but students residing in county shall be 
admitted free. Board of trustees shall be a body corporate. When provi- 
sions of law have been complied with. State board of education shall order 
State superintendent to draw requisition for $2,500 annually for such school, 
but not more than 10 such schools shall be established in any one year. 

There shall be maintained in one or more high schools of Guilford County, 
complying with this act, departments of agriculture and home economics. 
Said school or schools shall be under control of county board of education 
and chairman and secretary of trustees of each high school having such de- 
partments. County board of education shall designate such schools, taking 
into account financial aid offered and suitability of location, but no school 
designated shall be located in a town of 1,000 population or more nor nearer 
than 2 miles to a town or city of 5,000 population or more. County board 
shall provide annually out of public-school fund or from donation or special 
tax not exceeding $2,500, but common-school term of county shall not be 
shortened and high school shall have approved buildings and equipment 
with at least 10 acres of land. When satisfied that Guilford County has 
complied with the provisions of this act. State board of education shall ap- 
propriate not exceeding $2,500, to be paid out of fund for the maintenance 
of county farm-life schools. Teachers in such schools shall have qualifications 
approved by county superintendent and by State superintendent and shall 
hold high-school teacher's certificate on all required subjects except Latin, 
Greek, and modern languages. Students from other counties may be ad- 
mitted on payment of tuition fees, but those of Guilford County shall be 
admitted free. Part of duties of teachers of farm life and home economics 
shall be to conduct extension work in such subjects in Guilford County. This 
act shall apply to any other county complying with its provisions, but com- 
mon-school fund shall not be used for this purpose until after a six-months 
school term shall have been provided. 

There is established in Orange County a school for training boys for farm 
life. Board of trustees: State superintendent, commissioner of agriculture, 



O (b). AGEICULTUKAL SCHOOLS. 707 

president of college of agriculture and mechanic arts, one member selected by 
Orange County board of education, one member selected by Orange County 
commissioners, three members selected by Farmers' Alliance, and three 
members selected by Farmers' Union; said board shall be a body corporate 
as trustees of Alliance-Union Farm School. Board may accept farm and 
improvements near Hillsboro from Farmers' Alliance and $10,000 from 
Farmers' Union. If such farm and $10,000 are provided, county commis- 
sioners of Orange County shall call an election on question of levying a 
special tax to raise not less than $2,500, and majority of qualified voters 
shall determine. When provisions for establishment and maintenance of 
such school are complied with. State board of education shall appropriate 
$7,500 annually. If Orange County fail to vote special tax, property and 
money shall be reconveyed to farmers' organizations. Boys from any part 
of State shall be admitted free of tuition fees. 

N'orth Dakota: A county school for giving instruction in agriculture, manual 
training, and domestic economy and for training teachers for rural schools 
may be established in any county. On petition of 300 freeholders the county 
commissioners may submit the question of establishment to the qualified 
electors; if a majority vote favors, said commissioners shall establish such 
school and levy a tax therefor; amount expended for establishment shall 
not be less than $10,000 nor more than $20,000. State and county shall 
jointly maintain such school, but State shall give not exceeding amount paid 
by county and not exceeding $3,000 to any school in any one year, but county 
may exceed amount paid by State; county may also raise not exceeding 
$5,000 in any one year for additional buildings and equipment. Board of 
trustees of five members, county superintendent and four appointed by the 
county commissioners. A State agricultural and training school board shall 
consist of the State board of education ; said board shall prescribe the course 
of study for county agricultural and training schools; it shall fix qualifica- 
tions of teachers in such schools. The course of study shall be correlated 
with that of the State agricultural college. Person having completed the 
course shall be entitled to a certificate having the force of a . second-grade 
teacher's certificate issued by the county superintendent, and valid for two 
years if holder has had experience in teaching, otherwise for one year. Two 
or more adjoining counties may unite in establishing and maintaining an 
agricultural and training school. 

See also A (bl), State boards; L (j), Agriculture; Q (f). Other technical 
and professional schools. 

Oklahoma: See L (j), Agriculture. 

Pennsylvania: See A (d), District boards and officers; O (a). Industrial 
education, general. 

Rhode Island: See O (a), Industrial education, general. 

Tennessee: See U (e). Schools for dependents and delinquents. 

Vermont: State school of agriculture at Randolph is established for purpose 
of developing agricultural resources of State through practical instruction in 
agriculture and allied subjects; shall be under control of board of trustees 
consisting of governor and commissioner of agriculture ex officio and three 
practical agriculturists appointed by governor, one trustee appointed each 
year, to serve three years. Powers of trustees: To appoint a person of the 
town where school is located as local director; employ and fix compensation 
of teachers and other employees; adopt rules and regulations, prescribe 
courses of instruction, methods of experiment, and establish graduation re- 
quirements. Trustees shall receive for their services $4 per day for time 



708 STATE LAWS KELATING TO PUBLIC EDUCATION. 

employed, and for traveling and other necessary expenses ; shall make bien- 
nial report to legislature; said trustees may receive donations and bequests 
made to said school. Sum of $10,000 is appropriated annually for mainte- 
nance of said school. 

State school of agriculture in Addison or Rutland County is established 
for purpose of developing agricultural resources of the State through prac- 
tical instruction in agriculture and allied subjects. Board of trustees shall 
be the same board that conducts affairs of school of agriculture at Randolph. 

See also G (c), County and local normal schools. 
Virginia: In at least one public high school, selected by the State board of 
education in each congressional district thorough courses in agriculture, the 
domestic arts and sciences and manual training shall be given in addition to 
the academic branches. At least 5 acres of land and suitable buildings shall be 
provided. All female students shall be instructed in the domestic arts and 
sciences. Such schools may be used as centers for directing the demonstra- 
tion farm work. Boards of supervisors of counties may appropriate money 
for such schools. 

See also O (a). Industrial education, general. 
Wisconsin: County board of any county may establish, equip, and maintain 
a county school of agriculture and domestic science ; county boards of two or 
more counties may unite in providing such school ; the county clerk or clerks 
shall notify the dean of the college of agriculture of establishment of such 
school; said dean, the State superintendent, and the president of board of 
agriculture, acting as committee for purpose, shall locate such schools; said 
county boards may borrow money and issue bonds therefor to purchase 
grounds and erect buildings; a board to be known as county school board 
shall have charge of such school, to be composed of county superintendent 
and two members appointed by county board, to serve three years ; appointive 
members of county school board shall file bond ; whenever two or more coun- 
ties jointly provide such school, amount to be raised by taxation for support 
of such school shall be apportioned among counties on basis of taxable prop- 
erty of each. County treasurer shall be ex officio treasurer of such county 
school board. In such school, instruction shall be given in elements of agri- 
culture, farm accounts, manual training, and domestic economy, and such 
other subjects as may be prescribed; each such school shall have tract of 
land of not less than 3 acres for experimental purposes. Such schools shall 
be free to persons residing in counties supporting the same if such persons 
have completed common-school course; special winter classes may be organ- 
ized when advisable; nonresident students may be charged tuition not to 
exceed $1 per week, same to be paid by county of pupil's residence. State 
superintendent, with advice of dean of agricultural college, shall prescribe 
courses of study for such schools, shall certify teachers for such schools, and 
shall supervise, inspect, and report on such schools. Secretary of each county 
school board shall make annual report to State superintendent relative to 
such school ; said superintendent may accredit not more than 10 such schools 
for State aid; such aid shall be two-thirds of amount expended for mainte- 
nance of such school, not to exceed $6,000 annually to any one school whose 
average attendance is less than 112 pupils, and not to exceed $7,000 annually 
when average daily attendance exceeds 112 pupils and is less than 137 pupils, 
and not to exceed $8,000 annually when average daily attendance exceeds 137 
pupils. No State aid shall be given to any school for instruction in agri- 
culture, domestic economy, manual training, or industrial branches unless 
salary paid to every teacher of such subjects shall be at least $60 per month. 



(c). TRADE SCHOOLS. V09 

County board of education may establish, equip, and maintain a county school 
of agriculture ; county clerk shall notify dean of agricultural college of estab- 
lishment of such school ; said dean, the secretary of State, and State superin- 
tendent, acting as a committee, shall locate such school; not more than one 
such school shall be located in any one senatorial district, except on certain 
condition; State aid to extent of $15,000 shall be paid to county to aid in 
building school. Any village in which or adjacent to which such school has 
been located may contribute for organization, erection, construction, and 
equipment of such school, not to exceed one-fifth of entire cost thereof; such 
village may vote bonds for such purpose. 

See also A (b2). State officers; A (c2), County officers; N (a), High 
schools; O (a), Industrial education, general. 



0(c). Trade Schools. 

Connecticut: See O (a). Industrial education, general. 

Georgia: The school board of any county or municipal corporation having a 
system of public schools supported by local taxation and not restricted to the 
elementary branches may organize in connection with the public schools a 
department of industrial education to give instruction in the use of tools for 
working in wood and metal. 

Indiana: See A (f), Administrative units — districts, etc.; O (a), Industrial 
education, general. 

Kansas: See IT (e), Schools for dependents and delinquents. 

Maine: See O (a), Industrial education, general. 

Massachusetts: A town may establish and maintain, upon shore or upon 
vessels, one or more schools for training young men or boys in nautical 
duties. The school committee may excuse boys attending such nautical 
schools from attendance on other schools. 

The board of commissioners of the Massachusetts Nautical School shall 
consist of three members appointed in rotation by the governor, with the 
advice and consent of the council; term, three years. Said commissioners 
shall serve without compensation, but their expenses incurred in performance 
of official duties shall be paid by the State. Said board of commissioners 
shall maintain a nautical school for the instruction and training of pupils 
in the science and art of navigation. Poivers and duties of hoard: To provide 
accommodations on board a proper vessel; purchase books and supplies; 
appoint and remove instructors and other employees and fix their salaries; 
fix conditions upon which pupils may be received and instructed; establish 
regulations; provide for cruises in or from the harbor of Boston. Said com- 
missioners may receive from the United States Government and use for 
accommodation of the school such vessels as the Secretary of the Navy may 
detail. They may expend such sum as the legislature may appropriate for 
said school, and shall make an annual report to the legislature. 

See also O (a). Industrial education, general; O (d), Continuation schools. 

Michigan: See T (c), Schools for the blind. 

New Jersey: See L (i). Manual and industrial education; O (a). Industrial 
education, general; U (e), Schools for dependents and delinquents. 

New York: See B (a), General State finance and support; O (a), Industrial 
education, general; Q (f), Other technical and professional schools; U (e), 
Schools for dependents and delinquents. 



710 STATE LAWS RELATING TO PUBLIC EDUCATION". 

Ohio: See A (f), Administrative units — districts, etc.; T (b), Schools for the 
deaf; T (c), Schools for the blind; T (e), Schools for the feeble-minded. 

Oregon: See A (f), Administrative units — districts, etc. 

Pennsylvania: See A (d), District boards and officers; O (a), Industrial 
education, general. 

Rhode Island: See O (a). Industrial education, general. 

Virginia: See O (a), Industrial education, general. 

Wisconsin: Any -city or any school district having within its limits a city 
may establish and maintain trade schools for persons over 14 years old. 
School boards shall have control of said schools. Such trade school must 
have average enrollment of at least 30 students. School board may prepare 
courses of study, employ instructors, purchase supplies, purchase or lease 
grounds or buildings for such schools. Said board may appoint an advisory 
board of five members not members of school board experienced in trades to 
be taught in such schools, to serve three years. Said advisory board may, 
subject to approval and ratification of school board, prepare courses of study, 
employ instructors, purchase supplies, and purchase or lease buildings or 
grounds. Students may be required to pay for materials used. Products of 
school may be sold, proceeds to go into trade-school fund. A tax may be 
levied on taxable property of such city for trade-school purposes, not to 
exceed three-tenths of a mill on the dollar. Money may be temporarily trans- 
ferred from city school fund for use of trade schools, to be repaid from the 
trade-school fund within three years. When school board of any city of 
second, third, or fourth class, or school board of any district containing such 
a city, shall determine to establish, take over, conduct, or maintain such 
trade school it shall publish notice of such intention. Ui>on petition of 20 
per cent of voters following such notice common council shall direct city 
clerk to call an election to determine such question; question shall carry by 
majority vote of electors. If no petition be submitted, school board may 
proceed, as provided by law, to establish, take over, or conduct or maintain 
such trade schools. 

See also O (a). Industrial education, general; Q (d). Mining schools; T 
(c), Schools for the blind; T (e). Schools for the feeble-minded. 



O (d). Continuation Schools. 

See also M (c). Evening schools. 

Colorado: See H (f), Compulsory attendance. 

Connecticut: See O (a). Industrial education, general. 

Indiana: See O (a). Industrial education, general. 

Massachusetts: When the school committee of any city or town shall havv. 
established continuation schools or courses of instruction for minors between 
the ages of 14 and 16 years who are regularly employed not less than six 
hours per day, such committee may, with consent of State board of educa- 
tion, require the attendance in such schools or on such courses of every 
such minor thereafter receiving an employment certificate and who is not 
receiving equivalent instruction; required attendance in above schools or on 
such courses shall be not less than four hours per week, and shall be between 
8 o'clock a. m. and 6 o'clock p. m. of any working day or days; time spent 
by minors in attendance upon such instruction shall be reckoned as a part 



P (a). HIGHER INSTITUTIONS, GENERAL. 7ll 

of time that minors are permitted by law to work. The State shall annually- 
pay to approved continuation schools or courses an amount equal to one-half 
the sum to be known as the net maintenance sum; such net maintenance 
sum shall consist of the total sum raised by taxation and expended for 
maintenance of such a school, less the amount for the same period of tuition 
claims and receipts from the work of pupils or the sale of products. The 
school committee of any city or town may require the attendance, in such 
continuation school or courses, of minors between the ages of 14 and 16 
years who reside in such city or town but who work regularly in another 
city or town, unless the city or town in which such minors are employed 
does not maintain and require attendance at a continuation school or courses 
of instruction of such nature ; such minor may attend said school or classes 
In the city or town of his residence in preference to such school or classes 
in the city or town of his employment, but in such cases a monthly report 
of such attendance shall be sent to the superintendent of the city or town 
of his employment. The employer of any such minor who fails to attend 
such continuation school or courses as required shall cease to employ such 
minor upon notification by the superintendent of schools. The superintendent 
of schools, or his agent, may revoke the age and schooling or employment 
certificate of any minor who fails to attend a continuation school or classes 
as required. 

See also G (b), State normal school; O (a). Industrial education, general. 

New Jersey: See O (a), Industrial education, general. 

New York: See B (a). General State finance and support; H (f), Compulsory 
attendance; O (a), Industrial education, general. 

Ohio: See H (f). Compulsory attendance. 

Pennsylvania: See A (d), District boards and officers; O (a), Industrial edu- 
cation, general. 

Virginia: See O (a). Industrial education, general. 

Wisconsin: See G (b), State normal schools; O (a), Industrial education, 
general. 



P. HIGHER EDUCATIONAL INSTITUTIONS. 



(a) General. 

Florida: The following State institutions are abolished and their charters 
revoked: Florida Agricultural College, known as the University of Florida; 
West Florida Seminary, known as Florida State College; White Normal 
School ; East Florida Seminary ; South Florida College ; Florida Agricultural 
Institute. All the property of said institutions shall revert to the State and 
shall be vested in the State board of education. All boards of trustees, 
managers, and officers of the said institutions and of the school for the deaf 
and blind are abolished. Acts are repealed which create and establish the 
Florida Agricultural College, the seminaries east and west of the Suwanee 
River, White Normal School at De Funiac Springs, and the industrial and 
normal department of the St. Petersburg Normal and Industrial School. A 
normal school for training colored teachers is established under the super- 
vision of the State board of education and the board of control ; said board 



712 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Of control sliall elect a principal and two assistant instructors, who shall 
have charge of the instruction of students subject to board of control, and 
such board may remove any member of the faculty and may from time to 
time add other departments; the Florida Agricultural and Mechanical Col- 
lege for Negroes shall he such school, but State board of education may in 
its discretion change location thereof; one-half of the Morrill fund is set 
apart for the support of said school. There are established and created the 
following institutions of higher learning : One university to be known as the 
University of Florida and one female seminary to be known as the Florida 
State College for Women. There is created a board of control to consist of 
five citizens appointed by the governor, one from east Florida, one from 
south Florida, one from west Florida, one from middle Florida, and one from 
middle south Florida, who shall have been citizens of the State for at least 
10 years ; term, four years, two or three, as the case requires, being appointed 
every two years; governor may remove a member for cause and shall fill 
vacancies ; no member shall be a resident of a county wherein an institution 
controlled by said board is located; board shall elect a chairman to hold 
during his term ; members shall receive their actual expenses while perform- 
ing their duties. Said board shall act in conjunction with, but at all times 
subject to supervision and control of, the State board of education. Said 
board and State board of education shall make general rules and regulations 
for the government and conduct of the University of Florida, Florida State 
College for Women, Agricultural and Mechanical College for Negroes, and the 
School for the Deaf and Blind, and may determine any change of location of 
any of said institutions; said boards may appropriate the property of abol- 
ished institutions for the benefit of institutions herein established. The 
School for the Deaf and Blind may be located on the site of one of the 
institutions abolished, but white and colored pupils shall be kept separate. 
The board of control shall have management and control of said institutions, 
to wit, University of Florida, Florida State College for Women, Agricultural 
and Mechanical College for Negroes, School for the Deaf and Blind; shall 
make regulations for the same not inconsistent with general regulations; 
appoint managers, faculties, and other employees, and fix their compen- 
sation ; have possession and control of property of each of said institutions ; 
provide for the courses of instruction ; prepare budgets of expenditures ; 
audit and approve accounts before the same are paid ; visit and inspect said 
institutions; provide furniture and equipment and keep property in repair; 
acquire necessary real estate and other property; perform other necessary 
acts, all subject to the State board of education. The State board of educa- 
tion shall be vested with all the assets of the School for the Deaf and Blind, 
but the control and management thereof are vested in the State board of 
control subject to the provisions of this act"; said board shall provide for the 
education, care, and maintenance of all persons residing in the State be- 
tween 6 and 21 years old who are deaf, dumb, or blind; admission shall be 
on certificate of county commissioners; transportation of pupils to school 
shall be paid by county commissioners; transportation from school and 
return at opening of next session shall be paid by State; those who have 
the means shall pay expenses, except tuition, of their children or wards. 
The University of Florida shall have the following departments : Agriculture 
and mechanical and industrial arts, scientific and classical, normal, such 
other departments as State board of education and board of control in joint 
meeting may add ; summer schools provided for shall be held at the university, 
except that such schools may be held at State College for Women and Agri- 
cultural and Mechanical College for Negroes. The design of the State College 



l>(a). HIGHER INSTITUTIONS^ GENEBAL. 713 

for Women shall be to instruct in higher branches of learning and in arts 
and sciences appropriate to be taught in like institutions; none but female 
white students shall be admitted, and each person admitted must have com- 
pleted at least the tenth grade of the public schools ; board of education and 
board of control may jointly establish a normal department in said college. 
No student shall be admitted to the university who has not passed an ex- 
amination in some high school and through the twelfth grade, or the equiva- 
lent thereof; female students may be admitted to the normal department. 
Students from other States may be admitted to said college or university 
upon terms prescribed by the board of control ; each county shall be entitled 
to one student in said college and said university free of cost for instruction, 
said student to be selected by the county board of education. Board of 
education and board of control shall provide libraries for each of the insti- 
tutions created by this act. In addition to other assets provided in this act, 
the sum of $150,000 is appropriated for the establishment and maintenance 
of the four institutions herein created; said funds shall be apportioned by 
the joint boards as in their judgment may seem best. The board of education 
shall annually set aside from any funds vested in said board by this act 
$2,716 as interest on the indebtedness of the State to the University of 
Florida ; legislature shall annually appropriate said $2,716 for the benefit of 
said university. Board of control shall pay all indebtedness of institutions 
abolished by this act. The board of control shall be a body corporate, but 
title to all property shall vest in State board of education. The board of 
education, board of control, treasurer, and comptroller shall each make an 
annual report, which shall be published, and shall report biennially to the 
legislature. Board of control shall provide a system of examinations for 
public high schools ; no pupil shall be admitted to high schools, advanced to a 
higher grade therein, or admitted to a higher institution created by this 
act until prescribed examination is passed. State superintendent of public 
instruction shall visit monthly each institution created by this act and shall 
report thereon to the governor. 

Georgia: See A (b2), State officers. 

Idaho: See A (bl). State boards. 

Louisiana: See A (b2), State officers; Q (b), Agricultural colleges. 

Maryland: State provides free scholarships as follows: St. Mary's Female 
Seminary. — One scholar from each county and from each legislative district 
of Baltimore city ; selected by superintendent and boards ; no competitive ex- 
amination, " so that the most worthy and most charitable may be selected " ; 
tenable three years. St. John's College. — One scholar from each senatorial 
district; no charge for tuition, board, fuel, light, and washing; appointed 
by school boards, with consent of senator in that district, after competitive 
examination and evidence of financial inability of parents ; four years ; re- 
quired to teach two years. Western Maryland College. — One male student 
from each senatorial district, appointed under substantially similar condi- 
tions to those in St. John's; student must give bond to teach two years. 
One female student from each senatorial district under substantially similar 
conditions as those for men. Maryland Institute. — One free scholar from 
each county and one from each legislative district of Baltimore city ; selected 
by school boards. Washington College. — Free tuition and books to one male or 
female student from each county on western shore ; appointment competitive 
and by school board. The sum of $4,500 granted college to educate free of 
board, room rent, tuition, and textbooks ; one male from each senatorial dis- 
trict of western shore ; appointed by school boards with consent of the sena- 



714 STATE LAWS RELATIKG TO PUBLIC EDUCATION. 

tor ; competitive examination ; tenable four years ; must give bond to teach 
two years. Charlotte Hall. — One student free of board and tuition from each 
legislative district, one student from each county, and from each legislative 
district of Baltimore city; appointed by school boards; competitive exami- 
nations ; tenable three years. 
See also A (bl). State boards. 

Michigan: See A (b2), State officers. 

Missouri: See Q (b), Agricultural colleges. 

New Jersey : No institution of learning shall confer any degree or degrees until 
terms and conditions of such degree or degrees shall first be submitted to 
and approved by the State board of education ; this provision shall not apply 
to such institutions established 25 years prior to passage of this act, nor to 
any school or schools conducted under the public-school system ; violation of 
any provision of this act is punishable by a fine of $500 for each offense. 

New York: See A (bl), State boards. 

Ohio: The board of directors of a municipal university, college, or institution 
shall have complete control of the affairs of such institution. Said board 
may sell, lease, or convey property ; establish rules and regulations, and adopt 
by-laws; appoint a president, professors, and other employees, and fix their 
compensation ; provide buildings and supplies, and arrange for control of all 
internal matters of such institution. When requested so to do, the solicitor 
of such municipal corporation shall prosecute and defend any suit in behalf 
of the corporation or its board. Said board may, upon recommendation of 
the faculty, confer degrees. The council or school board of any municipal 
corporation may set apart, or appropriate as a site for the buildings and 
grounds of such a university, college, or institution, lands not specifically 
dedicated to any other use and under the control of such council or school 
board. The council annually may assess and levy a tax on the taxable 
property of such municipal corporation to amount of five-tenths of 1 mill on 
the dollar, less amount levied to pay interest and sinking fund on bonds 
issued for the university, to be applied to support of such university, col- 
lege, or institution ; council may levy five one-hundredths of a mill for scien- 
tificate purposes at such institution. Any municipal corporation having a 
municipal university may issue bonds for erection of buildings and for 
equipment thereof; such bonds may be issued under ordinance of council of 
municipality with approval of mayor ; funds received for sale of bonds shall 
be paid to directors of the university. Board of directors of educational insti- 
tution may accept educational trusts; such property located within same 
county as the educational institution shall be exempt from taxation. Munic- 
ipal auditor shall keep funds of educational institutions distinct from other 
accounts. Boards of directors shall expend no more for current expenses 
than the income for the same, and shall annually report to mayor and council 
a statement of accounts. Said board may invest funds of university in cer- 
tain bonds. Instruction in academic department of such university shall be 
free to citizens of the municipality, but fees may be charged in other courses ; 
board may receive other students on such terms as to tuition or otherwise as 
they may see fit. 

Pennsylvania: See A (bl), State boards. 

Rhode Island: Every student in attendance at any educational institution 
who shall knowingly or willfully commit any act that injures or degrades 
any fellow student shall be guilty of a misdemeanor ; every person in charge 
of any educational institution who shall knowingly permit any act which 



P (b). FINANCE, LANDS; SUPPORT. 715 

shall injure or degrade a student shall be guilty of a misdemeanor. Any 
student at any educational institution who shall tattoo or knowingly or will- 
fully disfigure the body, limbs, or features of any fellow student shall be guilty 
of the crime of mayhem. 
Virginia: The State Female Normal School, Virginia Polytechnic Institute, 
Virginia Military Institute, University of Virginia, and William and Mary 
College may each draw from the State treasury, in addition to other State 
appropriations to said institutions, 1 per cent annually of such appropria- 
tions; such sums may be drawn for five years and shall be used as a loan 
fund to needy students resident of the State; not exceeding $100 annually 
shall be loaned to each such student. 



P (b) . Finance; Lands; Support. 

See also Appendix A : Constitutional provisions relating to public education ; 

P (c), State universities and colleges; Q (b), Agricultural colleges. 
(Note. — Current appropriations are not included here.) 

Alabama: See P (c), State universities and colleges. 

Arizona: See B (b), State school lands. 

California: See P (c), State universities and colleges. 

Colorado: See P (c), State universities and colleges. 

Florida: See P (a), Higher institutions, general. 

Illinois: See P (c), State universities and colleges. 

Indiana: See B (d), State taxation for school purposes; P (c), State uni- 
versities and colleges. 

Iowa: See A (bl), State boards. 

Kansas: See B (c), Permanent State school funds; P (c), State universities 
and colleges. 

Kentucky: See P (c), State universities and colleges. 

Michigan: See P (c), State universities and colleges. 

Minnesota: See B (d). State taxation for school purposes. 

Missouri: See P (c), State universities and colleges. 

Montana: See A (bl), State boards. 

Nebraska: See P (c). State universities and colleges. 

Nevada: See P (c). State universities and colleges. 

North Carolina: See P (c), State universities and colleges. 

North Dakota: For the purpose of providing for the maintenance of State 
educational institutions — namely, university, agricultural college, normal 
schools, school for the deaf, school of forestry, academy of science, and nor- 
mal industrial school — an annual State tax of li mills on the dollar shall be 
levied. Such tax shall be apportioned as follows: State university, thirty- 
three one-hundredths mill ; agricultural college, twenty one-hundredths mill ; 
normal school at Valley City, fifteen one-hundredths mill; normal school at 
Mayville, twelve one-hundredths mill; normal school at Minot, thirteen and 
one-half one-hundredths mill; school for the deaf, six one-hundredths mill; 
school of forestry, two one-hundredths mill; academy of science, four one- 
hundredths mill ; normal industrial school, seven one-hundredths mill ; money 
hereby provided shall be used only for the payment of expense of maintenance. 



716 STATE LAWS RELATING TO PUBLIC EDUCATION. 

The income from the lands of the several institutions, not including proceeds 
of the sale thereof, shall he paid over to the respective treasurers of the said 
institutions and shall be used for the maintenance thereof. 
See also P (c), State universities and colleges. 

Ohio: See P (c), State universities and colleges, 

Oregon: See C (b), Local bonds and indebtedness; P (c), State universities 
and colleges. 

South Carolina: See Q (b), Agricultural colleges. 

Tennessee: See B (a), General State finance and support. 

Texas: See P (c), State universities and colleges. 

Utah: There is set aside for the support of the University of Utah, State 
agricultural college, and the branch of the agricultural college 28 per cent of 
the revenue derived from the general State tax, exclusive of the State school 
and high-school funds ; of amount thus provided university shall receive 64.43 
per cent, agricultural college 28.34 per cent, and branch of the agricultural 
college 7.23 per cent; cost of general maintenance of such institutions shall 
not exceed fund herein provided, together with the several land-grant funds 
and funds received from miscellaneous sources ; " general maintenance " shall 
not include the purchase of water and the provision of grounds, buildings, 
and equipment; surplus remaining at end of year shall be converted into 
sinking fund for building purposes and other permanent Improvements. 

"Vermont: See Q (b). Agricultural colleges. 

Washington : The following funds are created in the State treasury : " State 
university permanent fund," " State university current fund," " agricultural 
college current fund," " normal school current fund." There shall be a State 
board of finance composed of governor, State treasurer, and State auditor, 
but governor may appoint another State officer as his representative, which 
may invest permanent funds of any State educational institution, or chari- 
table, penal, and reformatory institutions, when such funds amount to at least 
$1,000 ; such funds must be invested in National, State, county, municipal, or 
school district bonds, bearing not less than 3| per cent interest per year, to 
be bought at no more than par. Permanent school fund may be invested in 
State bonds; interest on State bonds so bought shall be paid into current 
school fund. 

State board of equalization shall annually levy upon taxable property of 
the State the following amounts for maintenance, repairs, and construction 
of buildings and equipment of institutions of higher education : Four hundred 
and seventy-five one-thousandths of 1 mill for State university; three hun- 
dred and twenty-five one-thousandths of 1 mill for Washington State college ; 
nine one-hundredths of 1 mill for Cheney Normal School; seven one-hun- 
dredths of 1 mill for Ellensburg Normal School; nine one-hundredths of 1 
mill for Bellingham Normal School. 

Wisconsin: See P (c), State universities and colleges. 

Wyoming: See P (c), State universities and colleges. 



P ( c ) . State Universities and Colleges. 

See also Appendix A : Constitutional provisions relating to public education. 

Alabama: Board of trustees. — Governor, State superintendent, two members 

from congressional district where university is located, and one from each 



P (c). STATE UNIVERSITIES AND COLLEGES. 717 

remaining district; board is a body corporate; board may hold, lease, or sell 
lands granted for university by Congress April 20, 1818, or March 2, 1819, or 
lands subsequently granted. " University fund " defined as $36,000 annual 
interest on university funds covered into the State treasury and an addi- 
tional $25,000 annually. Powers of hoard: To employ and remove instructors 
and officers and fix their salaries ; regulate or modify the government of the 
university; prescribe courses of instruction and fix the necessary expenses 
of students; confer academic and honorary degrees; delegate government of 
students and administration of university affairs to faculty, but person hold- 
ing funds must give bond. Members of board shall hold office 12 years ; when 
a member's term expires his successor is elected by the board, subject to 
confirmation by the senate ; quorum, five members, exclusive of governor and 
superintendent; regular meetings shall be held at least once a year and 
special meetings may be held; proceedings of board shall be kept and pre- 
served in the archives of the university; board shall report to each session 
of the legislature; State treasurer shall quarterly pay university fund to treas- 
urer of university; secretary of state shall furnish to such law department 
10 copies each of the code, acts, and supreme court reports; president of the 
university may appoint one or more police officers to keep intruders off 
premises, etc. ; board may sell or lease lands acquired under act of Congress 
of April 23, 1884, and for such purposes create an executive committee of 
three of its members ; the Medical College of Alabama is constituted the medi- 
cal department of the university and is subject to the control of the board. 
See also G (d), Teachers' institutes and summer schools. 
Arizona : The University of Arizona is established at or near the city of 
Tucson. Object: To provide the citizens of the State with means of acquir- 
ing a thorough knowledge of the various branches of literature, science, and 
the arts. Board of regents shall consist of the president and seven members, 
not more than four of whom shall belong to the same political party; such 
seven members shall be appointed by the governor for terms of four years; 
governor and State superintendent shall be ex officio members ; regents shall 
be a body corporate; they may appoint a chancellor, faculty, and such other 
officers as they may deem expedient. Departments of university: (1) Science, 
literature, and the arts, (2) theory and practice and elementary instruction, 
(3) agriculture, (4) normal department, (5) mineralogy and school of mines. 
Regents may regulate course of study and prescribe books and authorities to 
be used. Regents may at any tim.e remove any officer other than the chan- 
cellor and one of their own members. Admission fee shall never exceed 
$20 and tuition shall never exceed $50 for residents of the State. Regents 
shall report anually to governor. Any two members and the chancellor 
at a meeting regularly called shall constitute a quorum. No sectarian doc- 
trines or principles shall be taught. Each regent shall receive $5 per 
day of attendance at meetings and 10 cents per mile traveled. Proceeds 
of the sale of lands granted by the United States for State university 
purposes and all funds donated for like purposes shall remain a perpetual 
fund, income of which, together with the rent of lands, shall be applied 
to the objects of the original gift. The university may charge from $1 
to $2.50 for each assay of metals, according to number of metals in the ore. 
Regents shall establish an archaeological and mineral museum. There is 
awarded annually a scholarship of $150 to each county of the State, but 
no county shall receive more than $150 in any one year; county superin- 
tendent shall receive applications for such scholarships and shall hold a com- 
petitive examination prescribed by the president of the university and shall 



718 STATE LAWS RELATING TO PUBLIC EDUCATION. 

return papers to said president. There shall be connected with the university 
a department for the education of the deaf, dumb, and blind. Legislative 
assent is given to the grants of land authorized by the constitution and by 
act of Congress ; grant of 150,000 acres for " agricultural and mechanical col- 
leges " is forever reserved for such colleges as may be established by the 
university ; grant of 150,000 acres for a " school of mines " Is forever reserved 
for such a school established by the university. 
See also A (bl). State boards. 

Arkansas : The State of Arkansas accepts the provision of the act of Congress 
of July 2, 1862, granting lands for the benefit of colleges of agriculture and 
mechanic arts. Federal funds are divided between the white and colored 
races as follows: University of Arkansas, eight-elevenths; Branch Normal 
College, three-elevenths. Land scrip to which the State may be entitled 
shall be converted into a permanent endowment of not less than $100,000 
for the university. Board of trustees shall consist of six members appointed 
by the governor; term, six years, two being appointed every two years; 
governor shall be ex officio a member. Said board shall be a body corporate 
and may prescribe all rules and regulations for the university ; it shall make 
an annual report ; it shall elect and fix the compensation of faculty and other 
employees. By vote of five members board may remove one of its members 
for cause. Board shall elect a secretary and a treasurer, and may remove 
either or both. In making appropriations for the university the legislature 
shall specify the precise amount intended for each and every purpose, and the 
trustees shall so expend accounts appropriated. The board shall apportion 
according to population to each county the number of beneficiaries entitled 
to free tuition to which such county is entitled. Greek-letter fraternities 
and other secret societies are prohibited In the university. The course of 
study shall include agriculture and the mechanic arts, the English language 
and literature, mathematics, civil engineering, philosophy, history, and book- 
keeping, and such other branches of study as the board may prescribe. Each 
male student shall be required to work at least two hours each school day 
on the farm or in the shop. University shall be open to both male and 
female students. A normal department for the training of teachers is 
established in the university. A medical department of the university is 
located in the city of Little Rock. 
See also G (b), State normal schools. 

California: State university shall be under control of board of 24 regents, 
16 of whom shall be appointed by governor, with advice and consent of the 
senate, appointive members to serve 16 years ; governor, lieutenant governor, 
speaker of assembly, superintendent of public instruction, president of State 
board of agriculture, president of mechanics' institute of San Francisco, 
president of State university, and president of alumni association of State 
university shal be ex officio regents of said university; seven regents shall 
constitute a quorum; regents shall receive no compensation. Powers and 
duties of regents: To meet as provided by rules or at call of president; pre- 
scribe rules for their own government and for government of university; 
receive property donated to university; appoint, prescribe duties of, and fix 
compensation of president of university, professors, and other officers and 
employees; fix entrance requirements; fix fees and tuition rates; appoint 
officers of board, prescribe their duties and fix compensation; supervise 
courses of instruction, and, on recommendation of faculties, prescribe text- 
books; confer degrees and grant diplomas; establish and maintain museum 
and library; keep record of proceedings; report to governor. Income from 



P (C). STATE UNIVERSITIES AND COLLEGES. 719 

endowment shall be used for support of university. Secretary of said board 
shall be a practical agriculturist; shall hold office at pleasure of and shall 
receive compensation as fixed by board. Students shall be organized into 
body known as University Cadets; military instructor must make quarterly 
reports to adjutant general. Hastings College of Law is affiliated with said 
university and is law department thereof. Object of university shall be 
instruction in departments of science, literature, art, industrial and profes- 
sional pursuits, and special instruction for professions of agriculture, me- 
chanic arts, mining, military science, civil engineering, law, medicine, and 
commerce. President of university shall, subject to regents, have general 
direction of university, and is charged with duties of one professorship; im- 
mediate government of the several colleges shall be intrusted to the several 
faculties. Any resident of State, 14 years old or upward, otherwise quali- 
fied, shall be admitted to university ; as soon as income of university is suffi- 
cient, admission and tuition shall be free to residents of State ; regents may 
establish scholarships. Regents may affiliate with university any incor- 
porated college of medicine, law, or other special course of instruction ; may 
confer degrees upon graduates of such colleges. No sectarian, politicial, or 
partisan test must be allowed for any purpose whatever ; nor must majority 
of regents be of one religious sect or of no religious sect. 

Hazing fellow students in any public or private educational Institution 
shall constitute a misdemeanor and subject offender to fine of $50 to $500. 
See also N (a), High schools. 

Colorado: The objects of the University of Colorado established near Boulder 
city shall be to provide for young men and women a liberal education and 
thorough knowledge of the different branches of literature, the arts and sci- 
ences, with their varied applications ; the course of study shall as nearly as 
practicable begin at the points where the collegiate and scientific departments 
are completed in the high school. Each county shall be entitled to send, tui- 
tion free, one pupil under 16 years old ; said pupil shall be selected by com- 
petitive examination before the county superintendent. Nonresidents shall be 
charged a reasonable tuition fee. The university shall never be under the 
control of any religious denomination or society. Its control shall be vested 
in a board of six regents elected by vote of the people at a general election. 
The university shall include a classical, philosophical, normal, scientific, law, 
and such other departments as the board may determine, and a department 
of physical sciences ; board may confer such degrees and grant such diplomas 
and marks of distinction as are usually conferred and granted by other uni- 
versities; board may establish a preparatory department. President of uni- 
versity shall report annually to board of regents; regents shall report bien- 
nially before the session of the legislature to the State superintendent. A 
State tax of two-fifths of 1 mill is annually levied for the support of the uni- 
versity. 

It shall be unlawful for any person to engage in " hazing " or in any way 
maltreating a fellow inmate, employee, or student. Any officer, employee, or 
student of a State institution who violates the provisions of this act shall, if 
an officer or employee, be dismissed and, if a student, shall be expelled from 
said institution. 

Florida: G (d). Teachers' institutes and summer schools; P (a), Higher 
institutions, general. 

Georgia: The board of trustees of the University of Georgia shall be composed 
of one member from each congressional district, four from the State at large, 
two from city of Athens (where university is located), and the chairman of 



720 STATE LAWS RELATING TO PUBLIC EDUCATION. 

local board of trustees of each branch of university where by law they are 
made such trustees', all of whom, except the latter, shall be appointed by 
governor with consent of senate ; said board shall be a ^body corporate ; term, 
eight years, one-fourth of appointive members being appointed every two 
years; trustees shall be citizens of districts from which appointed, over 25 
years old, not trustees of other male colleges or universities, excluding 
branches of the university; governor shall be ex oflBcio a member of board; 
governor shall fill vacancies ; an additional trustee, who shall be a nonresident 
native Georgian, shall be appointed by governor with consent of the senate. 
Board shall elect one member chairman; it shall meet annually in Athens and 
may hold siDecial meetings; if any member shall be absent from three suc- 
cessive meetings, his office shall be vacant. Each member shall receive $4 per 
day and mileage for actual fare paid when attending meetings. Board shall 
report annually to the legislature through the governor. Powers of hoard: 
To elect their own officers, as chairman, secretary, treasurer, and other neces- 
sary officers; elect a chancellor of the University of Georgia; appoint pro- 
fessors, tutors, and other necessary officers ; prescribe courses of study, terms, 
and manner of graduation, and conferring degrees ; operate summer sessions 
for the benefit of white teachers ; establish all such schools of learning or art 
as may be useful to the State ; call on all persons having funds, property, 
papers, or books belonging to the university to deliver the same and make 
settlements; adjust and determine expenses of university; exercise powers 
usually granted to such corporations. Chairman and two members may call 
a special meeting ; majority a quorum ; nothing done at a special meeting shall 
be binding after next annual meeting unless then ratified. Governor shall 
annually appoint a board of five visitors to attend examinations preceding 
commencement and examine into condition of university ; visitors shall make 
written report to governor ; two of said visitors shall be experts in agriculture 
and horticulture ; they shall report in writing to trustees not later than Satur- 
day before annual commencement day. Governor shall lay reports of trustees 
and visitors before legislature annually. No person shall be excluded from the 
university on account of religious views. University may confer degrees as 
follows : To each graduate of university, bachelor of arts ; to graduate pass- 
ing a year in university, master of arts; to graduate of law department, 
bachelor of laws ; to graduate of medical school, doctor of medicine ; to stu- 
dent in university schools of two years standing and proficient in two or more 
of them, doctor of philosophy ; to distinguished persons, doctor of divinity or 
doctor of laws. Trustees may establish a preparatory department in said 
university. The branches of the university are the Georgia Normal and 
Industrial College, at Milledgeville ; State Normal School at Rock College, 
Athens ; South Georgia State Normal College at Valdosta ; State College of 
Agriculture and Mechanic Arts, at Athens, with agricultural experiment sta- 
tion connected therewith, at Griffin; North Georgia Agricultural College, at 
Dahlonega ; Medical College, at Augusta ; Technological School, at Atlanta ; 
Georgia State Industrial College for Colored Youth, at Savannah. All the 
said branches, except last two, shall be open to white female students of 
proper age and qualifications. 
Idaho: There is established at the town of Moscow the University of Idaho. 
State board of education is board of regents. Powers and duties with respect 
to university: To enact laws for its government; elect a president, faculty, 
and other employees of university and fix their salaries and terms of office; 
fix qualifications of applicants for admission to courses of instruction, but 
no sectarian or partisan instruction shall be given. Board may remove presi- 



P (c). STATE UNIVERSITIES AND COLLEGES. 721 

dent and other officers when interests of university require it. Board may 
use portion of university fund for buildings, apparatus, etc. Treasurer of 
board shall pay orders of president and secretary, and shall report annually 
to president of board. At close of fiscal year regents shall report to gov- 
ernor. Regents shall receive their expenses when attending meetings or per- 
forming duties under direction of board. Powers of president of university 
and faculty: President shall be executive head of faculty or faculties and 
shall give general direction to instruction ; immediate government shall be 
under faculty, but regents may regulate courses of instruction, prescribe 
books to be used, confer degrees, and confer upon faculty the power to sus- 
pend or expel students. University shall consist of college of arts, college 
of letters, and such other colleges or departments as may be added. It shall 
be open to both male and female students. No student, a resident of Idaho 
for one year, shall be required to pay fees, except in a professional depart- 
ment and for extra studies. 
See also A (bl), State boards. 

Illinois: The name of the Illinois Industrial University, at Urbana, is changed 
to the " University of Illinois," and said University of Illinois shall be seized 
of all the rights, privileges, franchises, and estates hitherto belonging to the 
said Illinois Industrial University. Board of trustees shall consist of the 
governor, president of the State board of agriculture. State superintend- 
ent, and nine members elected at the regular November election by vote 
of the people; term of elective members, six years, three being elected 
every two years. Said trustees shall establish departments, elect faculty, 
and other necessary officers, and exercise such other powers and duties as 
may be necessary for the conduct of the institution. The provisions of the 
act of Congress of July 2, 1862, and subsequent acts granting Federal aid to 
agricultural and mechanical colleges are accepted, and the University of Illi- 
nois is designated as the beneficiary thereof. A 1-mill State tax is provided 
for the maintenance of the university. 

There shall be awarded annually to each county one university scholarship, 
which shall entitle the holder to free instruction in the University of Illinois 
for a period of four years. County superintendent shall hold competitive 
examination of applicants and shall send papers to president of university, 
who shall award scholarships to persons showing highest qualifications. In 
addition to the foregoing, each member of the legislature shall be entitled to 
appoint one person annually to receive such scholarship. 
See also A ( c2 ) , County officers. 

Indiana: The institution established by act of January 28, 1828, is recognized 
as the university of the State. There shall be levied in 1883 and annually 
thereafter for 12 years a State tax of one-half of 1 cent on each $100 of tax- 
able property, to be set aside as a permanent endowment fund; said fund 
shall be used in paying indebtedness of the State, and State shall issue there- 
for nonnegotiable bonds, to run 50 years or longei, at option of the State, 
and to bear 5 per cent interest. Board of trustees shall consist of eight mem- 
bers, five of whom shall be elected by the State board of education and three 
of whom shall be elected by the alumni of the institution ; term, three years, 
overlapping tenure. Trustees shall be a body corporate. Powers: To hold 
the property of the university; expend its income for its benefit; declare a 
member's seat vacant for cause; elect a president and faculty and prescribe 
their duties and salaries; prescribe the course of study and discipline and 
fix tuition rates. Five members shall constitute a quorum, but a smaller 
3966°~15 46 



722 STATE LAWS RELATING TO PUBLIC EDUCATION. 

number, at a call meeting, may, acting with members of the faculty, fill a 
vacancy in the faculty until the next meeting of the board. Potoers of fac- 
ulty: (1) To enforce the rules of the trustees; (2) to confer degrees. No 
religious qualification shall be required of students or faculty, and no sec- 
tarian instruction shall be given. Two students from each county shall be 
entitled to tuition free of charge. The governor, lieutenant governor, speaker 
of the house of representatives, judges of the supreme court, and State super- 
intendent shall constitute a board of visitors to examine the property, course 
of study, discipline, and state of finances of the university ; said visitors shall 
report to the governor. The board of trustees, its secretary and treasurer, 
shall report to the State superintendent when by him so required. Some 
member of the faculty shall annually deliver at least 15 lectures in the State 
on the principles and organization of the university. Trustees shall estab- 
lish a normal department for instruction in the theory and practice of teach- 
ing; an agricultural department shall also be established. State geologist 
shall be a member of the faculty and shall gather specimens for the uni- 
versity. University fund shall consist of the lands in Monroe and Gibson 
Counties and all donations. Lands belonging to the university shall be sold 
and the proceeds shall become part of the university fund. State auditor 
shall cease to loan university fund, but said fund shall be apportioned by said 
auditor to the several counties according to population, and the same shall 
be paid to the several county treasurers; county auditors shall loan said 
fund as the common-school fund is loaned, and each county shall be liable 
for principal apportioned thereto and interest accruing thereon. The trustees 
may conduct a medical school in Marion County. 

See also A (bl), State boards; B (d), State taxation for school purposes; 
O (a), Industrial education, general. 

Iowa: The State university shall be under the control and management of the 
State board of education. Said board shall elect a president and necessary 
professors, tutors, and other employees and fix their compensation. The 
secretary shall keep a record of the proceedings of the board and accounts of 
the university lands and funds. The treasurer shall keep account of receipts 
and expenditures. University lands shall be sold only by order of the State 
board of education and under its direction. Board may exp|||id part of the 
income of the university fund for necessary facilities for giving instruction. 
Object of the university shall be to afford men and women the means of 
obtaining a liberal education. Graduates may be granted such degrees and 
diplomas as the board may determine. President of university shall report 
biennially to the board and board shall report biennially to governor. 
See also A (bl), State boards; E (b). Teachers' certificates, general 

Kansas: The University of Kansas is located at Lawrence. Departments: 
(1) Literature, (2) sciences, (3) arts. Board of administration shall ap- 
point a chancellor, faculty, and other necessary oflBcers, who shall hold office 
at the pleasure of the board. The several departments of the university 
shall be under the immediate control of the chancellor and their respective 
faculties. Board of administration shall, with chancellor and faculties, con- 
fer such degrees as they deem best. Entrance requirements shall be as fixed 
by board. Tuition in the schools of arts, engineering, pharmacy, law, and 
medicine shall be free to residents of the State; nonresident students and 
students of fine arts shall pay tuition as fixed by board. Tax shall be levied 
annually sufficient to raise amount appropriated by legislature for current 
expenses ; permanent university fund shall remain unreduced. Matriculation, 



P(C). STATE UNIVERSITIES AND COLLEGES. 723 

incidental, and laboratory fees may be collected from students. The uni- 
versity shall make, as nearly as possible, a complete geological survey of the 
State. 

See also A (bl), State boards; B (c), Permanent State school funds; 
E (b), Teachers' certificates, general. 
Kentucky: The government, administration, and control of the Agricultural 
and Mechanical College of Kentucky is vested in a board of trustees. The 
go\^ernor shall be its chairman ex officio ; 15 men shall be nominated by 
governor and appointed trustees with advice and consent of senate ; they shall 
hold office six years, 5 retiring at each regular session of assembly ; there 
shall be added to board of trustees of State university at Lexington 6 addi- 
tional members nominated and elected by alumni, names of those receiving 
highest vote to be certified to governor for appointment ; this nomination and 
election held biennially, beginning on or before December 1, 1914 ; board of 
trustees at first meeting in 1915 shall elect an executive committee of 7, 
of whom 3 shall be from alumni trustees; of trustees appointed by gov- 
ernor other than those elected by the alumni one-fifth shall be alumni. 
Trustees when appointed and qualified shall be a body corporate under name 
Agricultural and Mechanical College of Kentucky, with corporate powers to 
hold and administer all revenues, to determine the departments of study and 
their relations to each other, and devise means of effective instruction, ad- 
ministration, and government; they shall also appoint presidents and pro- 
fessors, determine salaries and duties ; they shall grant degrees, prescribe 
postgraduate honors and honorary degrees; they shall meet twice a year in 
Lexington ; shall elect a secretary, a treasurer, and a business agent ; they 
shall, at each regular meeting, appoint an executive committee of 5, residing 
in or near Lexington, who shall be charged with the general administration 
of affairs; treasurer shall give bond, pay out no money except on authoriza- 
tion of board of trustees, and render monthly statements of receipts and ex- 
penditures; trustees shall fill vacancies in their board; necessary expenses 
of board in attending meetings shall be paid ; called meetings may be held. 

Collegiate period of the agricultural and mechanical college shall be four 
years; at least one year's attendance in the college required; trustees are 
empowered to establish regulations for government of the college, for physical 
or military training of students, for suspension or dismissal of students; 
they shall make reports to each regular session of the general assembly. 
Teachers or persons preparing to teach may be admitted at rate of four from 
each county ; these appointments shall be vested in the county superintendents. 
Appropriations of $60,000 to the agricultural and mechanical college for 
purchase of ground and erection of suitable building for dormitory for women, 
also for building for military instruction, physical culture, and rooms for 
Young Men's Christian Association, also for building for normal depart- 
ment and academy, dormitory for men, and annex for use of engineering 
department; $30,000 of this sum set aside for women's dormitory. Board of 
trustees shall appoint three prudent, discreet, intelligent women, who shall 
constitute a board of supervision to manage women's dormitory ; $2,000 appro- 
priated for running expenses of women's dormitory; president of the college 
to have the same general authority over women's dormitory as over the 
college; women appointees of the counties shall have preference in women's 
dormitoi^. County superintendent required under penalty to distribute to 
every school in his county circulars of information in regard to the competi- 
tive examinations to be held for scholarships ; $15,000 appropriated annually 



724 STATE LAWS EELATING TO PUBLIC EDUCATION. 

to agricultural and mechanical college to liquidate passed indebtedness and 
provide additional income. Diploma of B. Pd. from Agricultural and Mechan- 
ical College of Kentucky shall be sufficient evidence of qualification to teach 
in public schools for life, unless such person shall cease to teach for five 
years ; assent of legislature given Federal act to provide for increased annual 
appropriations for agricultural experiment stations. The sum of $20,000 
appropriated to State University aimually to meet additional annual expendi- 
ture. Normal department of university eliminated ; " department of educa- 
tion " established in its place with collegiate rank leading to degree in peda- 
gogy. The degrees of B. A. in education and B. S. in education conferred 
here shall entitle holder to privilege of teaching in common and high schools 
of State without further examination during life or good behavior. " The 
diplomas granting degrees may be revoked for cause by the said board of 
trustees or by the State superintendent of public instruction." Trustees shall 
have power to confer certificates: (1) Elementary certificate for one year's 
work, entitling holder to teach in public schools for two years; (2) inter- 
mediate certificate for two years' work, entitling holder to teach four years; 
(3) advanced certificate for three years' work, entitling holder to teach three 
years, when his certificate may be extended for life. Any certificate may be 
revoked for cause. From and after 1910 all subfreshman work shall begin 
to be eliminated as part of university curriculum as fast as educational con- 
ditions in Kentucky will justify. The institution founded under land-grant 
act of 1862 and known as the Agricultural and Mechanical College of Ken- 
tucky, now changed in name and to be known as the State University, 
Lexington, Ky. Previous acts passed by general assembly making provisions 
for Agricultural and Mechanical College of Kentucky and the acts of Con- 
gress creating and endowing college under land-grant act of 1862 shall not 
be affected by this change of name, and revenue accruing from these sources 
shall be paid to the State University. The act of Congress of July 2, 1862, 
shall be carried out, and in addition to other colleges of the said university 
one shall be denominated the Agricultural College and another the College 
of Mechanical Arts of the State University; departments of law and of 
medicine and surgery shall be established. Each county shall be entitled to 
send to the university each year one student for each 3,000 white school chil- 
dren or fraction thereof over 1,500, free from all charges for tuition, fees, 
rent, light, and fuel. Selection shall be made by county superintendent on 
competitive examination; free tuition shall be given to candidates for the 
ministry. Board of trustees shall be bipartisan after January 1, 1910; loca- 
tion of institution shall not be affected by change of name. County certificates 
may be issued to students of the university. The sum of $50,000 appropriated 
annually to the university, " a necessary part of which shall be used to meet 
as far as possible the pressing demands for agricultural instruction and in- 
struction in domestic science in the Agricultural College " ; it shall be illegal 
for any officer or other person connected with the Eastern Kentucky State 
Normal School, the Western Kentucky State Normal School, or the State 
University to contract any obligation when there is no money to pay, under 
penalty of fine or imprisonment, or both. The sum of $50,000 appropriated 
annually for agricultural experiment station for purpose of making field 
experiments in the several sections of State on fertility, stock, etc. : $10,000 
for poultry interests, for production of hog-cholera serum, etc. • 
liouisiana: Louisiana State University and Agricultural College shall be under 
control of a board of supervisors consisting of governor, State superintendent, 
and president of said university ex officio and 12 persons appointed by gover- 
nor, by and with advice and consent of the senate; 3 members appointed 



P (C). STATE UNIVEKSITIES AND COLLEGES. 725 

every year to serve 4 years; 6 of supervisors shall be graduates of Louisiana 
State University or of the Louisiana State University and Agricultural and 
Mechanical College; one member shall be appointed from parish (county) of 
East Baton Rouge; board shall hold four meetings annually; board shall do 
all acts for benefit of said institution incident to bodies corporate. Said 
board shall appoint and fix salaries of president and professors; fix fees; 
establish rules; prescribe duties of all employees; confer diplomas; do other 
things for welfare of institution. Property of said institution is vested in the 
State. Said university and agricultural and mechanical college shall provide 
instruction in all the departments of literature, science, art, and industrial 
and professional pursuits; and shall provide special instruction in agricul- 
ture, the mechanical arts, mining, military science and art, civil engineering, 
law, medicine, commerce, and navigation. Board of supervisors may afiiliate 
with said institution any incorporated university or college, or school of 
medicine, or other special course of instruction ; such affiliated institutions 
may retain control of their property and have their own boards of trustees, 
faculties, and presidents ; upon recommendation of faculties of such affiliated 
institutions graduates of such institutions may receive degrees from the 
State University and Agricultural and Mechanical College. Each parish shall 
have the right to delegate one beneficiary cadet to said university and agri- 
cultural and mechanical college, and city of New Orleans shall have right to 
so delegate 17 such cadets, appointment of cadets to be for period of four 
years; no such cadet shall resign from said institution except for lawful 
cause; such cadets shall be elected by police jury of each parish and city 
council of New Orleans, respectively, appointments being given to needy 
eligible persons; such cadets shall be supported at said institution by the 
parish or city of New Orleans, cost to be not exceeding $250 per year for 
each cadet. Degrees conferred by said institution shall be recognized as 
equivalent to any degrees issued by any other institution of learning whatso- 
ever. Board of supervisors is authorized to accept offer of Carnegie Founda- 
tion granting benefits of retiring allowance system. Said board may fix fees, 
but no tuition fee shall be charged to any student or cadet bona fide resident 
of the State unless for special graduate or professional course. 
See A (b2), State officers; Q (b), Agricultural colleges. 
Maine: The provisions of the act of Congress of July 2, 1862, providing for 
Federal aid to State agricultural and mechanical colleges, are accepted. 
Board of trustees of State College of Agriculture and Mechanical Arts shall 
consist of nine members, seven appointed by governor with consent of the 
council; term seven years, one being appointed each year; one member 
nominated by alumni association and appointed by governor for term of three 
years ; secretary of State board of agriculture is member ex officio. Trustees 
may, in addition to endowment made by Congress, accept gifts of real and 
personal property. Governor and council may inquire into transactions of 
trustees and may institute proceedings in courts to correct their acts. 
Trustees shall elect instructors and other officers; shall arrange course of 
study and fix entrance requirements; may grant degrees. Trustees shall 
charge a reasonable tuition fee, but may abate such fee to residents of State 
unable to pay the same and to students pursuing courses in agriculture and 
home economics. Under chapter 551, acts of 1897, the name of the corpora- 
tion known as the State College of Agriculture and Mechanical Arts is changed 
to the University of Maine, and said university is given all rights, powers, 
privileges, property, duties, and responsibilities which belong to said college 
of agriculture and mechanical arts. Annual State appropriations for main- 
tenance. 



726 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Maryland: A seminary of learning by the name Maryland State University 
is created; trustees appointed and declared a body politic witli corporate 
powers; any 10 incorporators may meet, accept this charter, and organize. 
No religious belief or opinions required as a test for office, privileges, honors, 
or degrees. Governing board of the university shall be its board of regents, 
the governor, comptroller, treasurer, State superintendent, and one person 
from each of the six congressional districts; these shall serve six years, and 
two shall be appointed biennially. In addition to the above, the regents shall 
consist of two representatives from each affiliated institution, who may be 
changed as often as affiliated institution shall see fit. Regents shall elect a 

» provost, who shall be the executive head. Governor shall be ex officio chair- 
man of the board. 

It shall be lawful for the Maryland State University to enter into contract 
with any existing or hereafter created college, university, conservatory, insti- 
tute, technical, professional, military, or agricultural, or similar institution, 
and to affiliate it on such terms as seem mutually proper ; it shall also be law- 
ful for the Maryland State University to enter into contract with any exist- 
ing or hereafter created hospital, infirmary, laboratory, home, asylum, or 
similar institution, with any normal school, school of pedagogy, institute of 
art and design, library, or other institution of a similar character, on terms 
deemed mutually meet and proper; affiliation with the university shall not 
deprive the affiliated institution of its corporate rights. Regents shall pro- 
vide for closer relations between the high schools of the State and the affili- 
ated colleges and between the colleges and professional schools constituting 
the university. The Maryland State University shall have power to pass by- 
laws, name its own officers and employees, fix duties and compensation, regu- 
late requirements for admission and graduation, receive gifts, hold or expend 
the same, hold convocations for the faculties of the allied institutions and 
of others for furtherance of education, hold commencemelits, grant degrees, 
in course and honorary. If any affiliated institution shall fail to abide by its 
agreements the regents may declare the affiliation terminated. 

Michigan: The board of regents of the university shall consist of eight mem- 
bers ; term, eight years, two being elected by vote of the people every two 
years. Such board shall be a body corporate. They shall haA'e power to 
make rules and regulations and to employ and dismiss president, faculty, and 
other officers. The university shall consist of at least three departments, 
viz, a department of literature, science, and the arts; a department of law; 
a department of medicine; and other departments as the regents may deem 
necessary. The immediate government of the departments shall be intrusted 
to the president and the several faculties. The fee of admission to the de- 
partment of literature, science, and arts shall -not exceed $10. The university 
shall be open to all residents of the State, without charge of tuition, under 
regulations made by regents, and to all other i)ersons under regulations and 
restrictions made by regents. Branches of the university shall be established 
in each judicial district, but such branches shall not confer degrees, and not 
exceeding $1,500 annually shall be appropriated to each. A board of visitors 
to consist of three members shall be appointed biennially by the superin- 
tendent of public instruction. A school of mines is established in connection 
with the polytechnic department of the university.V\The university is sup- 
ported by the income of the university fund. State appropriations, and a tax 
of three-eighths of a mill on each dollar of taxable property of the State. \ 
See also E (b), Teachers' certificates, general. ) 



P (C). STATE UNIVERSITIES AND COLLEGES. 727 

Minnesota: The State imiversity shall be controlled by a board of 12 regents, 
consisting of governor, State sui)erintendent, president of university, ex 
officio, and 9 regents appointed by the governor with advice and consent 
of senate; such board shall be a body corporate; term of regents shall be 
six years ; board shall elect one of its members president, and also a record- 
ing secretary and treasurer, neither of whom shall be a member of the board, 
and may elect a vice president ; president of board shall file $10,000 bond and 
treasurer $50,000 bond. Said board shall enact necessary by-laws; elect 
professors — including a professor in Scandinavian language and literature — 
teachers, and employees, and fix their salaries; determine admission require- 
ments; prescribe textbooks and courses; confer degrees; have control of 
experiment stations; make annual report to governor. Board may receive 
bequests for university. Board shall appoint purchasing agent for univer- 
sity ; said purchasing agent shall make estimates and purchases, and submit 
such reports as board of regents may require. No member of board of regents 
or normal-school board, and no person in employ of either board shall be 
paid for any expense incurred, unless such expense shall have been approved 
by the executive committee or president of board; when such expense has 
been approved, the auditor shall pay the same as monthly expenses and 
salaries are paid. Board of regents or normal-school board shall not expend 
funds in excess of appropriations. The board of control of the several 
institutions named in this act shall have full financial authority over 
construction of buildings and insurance of same. The university shall 
comprise a college of science, literature, and arts; a college of agriculture, 
including military tactics ; a college of medicine ; a college of dentistry. 
No discrimination shall be shown in the election of instructors on account of 
religious or political beliefs, nor shall any sectarian instruction be given. 
A teachers' college shall be organized as a part of the university. For sup- 
port of school of mines there shall be annually appropriated $5,000; for 
salaries therein, $4,500. Regents are authorized to establish a division of 
agricultural extension and home education in the department of agriculture 
of the University of Minnesota ; officers of said division shall be a chief, 
associates, and editor ; instruction in said department shall be free ; bulletins 
shall be sent free to persons requesting the same. (State appropriates 
moneys for aiding county agricultural agents ; such moneys shall be ex- 
pended under the direction of the dean of department of agriculture of 
university ; no county shall receive for this purpose more than $1,000 in any 
one year, and not then until same amount has been raised by the county for 
such work.) President of university, in addition to his administrative 
duties, shall be ex officio corresponding secretary of board of regents, and 
may be charged with duties of one of professorships ; and shall make full 
annual report to State superintendent. There is annually appropriated for 
maintenance of the university the interest and income of the permanent 
university fund; proceeds of twenty-three one-hundredths mills on dollar of 
the State school tax. The permanent school and university funds shall be 
invested in bonds of United States, State of Minnesota, and bonds of other 
States, and in county, city, town, or village bonds of Minnesota. 
See also E (b), Teachers' certificates, general; N (a). High schools. 

Mississippi: University of Mississippi, incorporated February 24, 1844, shall 
continue to exist as body politic and corporate with all its franchises, rights, 
powers, and privileges ; government is vested in the board of trustees of the 
university and colleges of Mississippi. Said board shall have all the power 



728 STATE LAWS EELATING TO PUBLIC EDUCATION. 

necessary to accomplishment of trust reposed in them, viz, the establisfiment 
of a first-class institution in the different departments of learning; trustees 
shall elect treasurer; he may be removed and shall give bond; trustees 
shall make biennial report to legislature exhibiting every item of receipts 
and expenditure; sale of liquor within 5 miles of university forbidden; any 
act which would be a violation of the law if committed elsewhere shall be 
criminal and punishable if done on campus, grounds, or roads of university ; 
proctor vested with police powers; billiard tables and tenpins prohibited 
under penalty of fine or imprisonment or both; if any person appears 
intoxicated in Oxford, he shall be fined and imprisoned till fine is paid; any 
peace officer failing to enforce this regulation shall be fined and removed 
from office; property of university not subject to State, county, or municipal 
taxation ; lands of university not to be leased save for an annual rent ; bodies 
of persons who die in State-supported hospitals that are not claimed to be 
given to university for anatomical uses; bodies of travelers dying suddenly 
and Confederate soldiers excepted from this provision. Diploma from de- 
partment of pharmacy in university entitles holder to receive license from 
State board of pharmaceutical examiners to practice pharmacy without fur- 
ther examination. Chancellor of university shall be member of the board of 
the geological survey. 

Fraternities, sororities, Greek-letter societies, " and all other secret orders, 
chapters, fraternities, sororities, societies, and organizations of whatever 
name, or without a name, of similar name and purpose," are abolished and 
prohibited " to exist in the University of Mississippi and in all other educa- 
tional institutions supported in whole or in part by the State " ; student 
members not permitted to receive class honors, diplomas, or distinctions, but 
student may agree in writing not to affiliate with same while at said school ; 
any trustee, member of faculty, or officer i)ermitting violation of this " shall 
be removed from such position " ; trustees authorized to purchase any build- 
ings owned by said orders. 

See also A (bl). State boards. 
Missouri: The government of the university shall be vested in a board of 
curators, who shall constitute a body corporate; said board shall consist of 
nine members appointed by the governor, not more than one of whom shall 
be from the same congressional district and not more than five of whom 
shall be from the same political party; term, six years, two being appointed 
every two years. Said board shall appoint annually three of their number 
to act as an executive board, who shall meet each month to audit claims and 
attend to such other business as may be intrusted to them by the board; 
said board shall also appoint annually three of their number as an execu- 
tive committee of the School of Mines and Metallurgy, at Rolla; governor 
shall fill vacancies in board. Curators shall appoint president, faculty, and 
other employees of the university and fix their powers, duties, and compensa- 
tion. Board shall not expend in any year more than the income of the 
university ; an inventory and appraisement of all university property shall be 
made each year. No person who is related to any member of the board by 
blood or marriage shall be appointed an officer, member of faculty, or em- 
ployee of the university. Board shall report to each biennial session of the 
legislature. Board may confer such degrees as are usually conferred by 
colleges and universities. Board shall have care and custody of university 
property. Officers, teachers, and employees of the university shall not be 
personally interested in any contract for any supplies, work, etc., for the 
same. All youths, resident of the State, who are over 16 years old and 



P (C). STATE UNIVERSITIES AND COLLEGES. 729 

possess scholastic attainments prescribed by curators shall be eligible for 
admission without payment of tuition, but fees may be charged for tuition 
in professional departments and for incidental expenses in laboratories, 
libraries, etc. 

There is created a fund for the support of the State university, the Col- 
lege of Agriculture, and the School of Mines ; said fund shall be perpetual, 
and only the income thereof shall be used; it shall consist of certain lands, 
State certificates of indebtedness, and other funds and assets applied to such 
purpose. 

It is a misdemeanor to sell, give, or otherwise dispose of intoxicating 
liquors to any student of the university or of any college or academy in the 
State, but druggists may sell the same on prescription; this section shall 
not apply to any mercantile or business college. 

See also Q (b), Agricultural colleges. 
Montana: The University of Montana is located at Missoula; it shall be 
under control of State board of education; State treasurer shall be treas- 
urer of such institution. Duties of State l)oard: To enact by-laws for govern- 
ment of university; elect president, faculty, and other employees and fix 
their compensation and terms, but no sectarian or partisan test shall be 
applied and no sectarian or partisan instruction shall be given; may regulate 
course of study and prescribe textbooks; may grant diplomas and confer 
honorary degrees. President of university shall be executive head of insti- 
tution ; he shall make annual report to State board and such special reports 
as may be required. Following departments shall be established: (1) Pre- 
paratory; (2) literature, science, and the arts; (3) professional and tech- 
nical colleges. University open to both sexes. Tuition shall be free to resi- 
dents of State for one year, except for law and medical departments and 
for extra studies. Appropriations: (1) University-fund income and other 
State appropriations, (2) tuition and matriculation fees, (3) donations. 

By act of March 14, 1913, the State university at Missoula, the College 
of Agricultural and Mechanical Arts at Bozeman, the School of Mines at 
Butte, the State Normal School at Dillon, and such other departments as 
may hereafter be established shall constitute the University of Montana ; 
State board of education shall control ; a chancellor of the university may 
be elected, but presidents of constituent institutions shall have immediate 
direction of their schools. » 

See also A (bl), State boards; E (b), Teachers' certificates, general. 
Nebraska: Object shall be to afford inhabitants of State the means of acquiring 
a thorough knowledge of the various branches of literature, science, and the 
arts. Controlled by board of six regents elected by the electors of the State 
at large; vacancies shall be filled by the governor, but such appointees shall 
serve only for time until next general election. Board shall appoint own 
officers ; shall be a corporate body and have seal ; may acquire and dispose of 
property, except that upon which buildings of university are located, which 
shall require consent of legislature. Board shall have right of eminent 
domain. Board shall elect a chancellor and professors, prescribe their duties, 
and fix their compensation. The professor of botany shall be ex officio the 
acting State bontanist; the professor of geology, acting State geologist; 
the professor of chemistry, acting State chemist; the professor of ento- 
mology, acting State entomologist. The university may embrace a gradu- 
ate college, a college of arts and sciences, a college of agriculture, a college 
of engineering, a college of law, a teachers' college, a college of medi- 
cine. The governor shall set aside two sections of any agricultural college 



730 STATE LAWS KELATING TO PUBLIC EDUCATION. 

lands belonging to State for tlie purpose of a model farm as a part of tlie 
college of agriculture. The several buildings of tlie university shall be erected 
within a radius of 4 miles from the statehouse. Regents may elect tutors, but 
such tutors shall not be considered as belonging to the faculty. The imme- 
diate government of each college shall be by its ov^n faculty, but no course of 
study shall be. adopted or series of textbooks used without approval of re- 
gents. Regents shall have exclusive authority to confer degrees and grant 
diplomas, but each college may grant rewards of merit to its own students. 
Admission to any college of university shall be $5; applicants for admission 
shall pass examination, except graduates of accredited high schools. All per- 
sons residing in the State, conforming to requirements, may be admitted to 
any college of the university, and students entering the college of literature, 
science, and art or the industrial college shall not pay any other than the 
matriculation fee for term of four years ; students remaining longer than four 
years may be required to pay additional fees; special fees may be charged 
students of law, medicine, and fine arts ; nonresidents may be admitted upon 
payment of certain fees. Textbooks shall be furnished by regents at cost; 
regents may furnish books and money to worthy indigent students for services 
rendered or with the understanding that the same will be repaid within five 
years. No person shall, because of age, sex, color, or nationality, be deprived 
of the privileges of said institution; females shall be educated apart from 
males, but both may, when of same proficiency, attend college lectures to- 
gether. Regents shall provide a rule for attendance upon the agricultural 
college and civil engineering and scientific courses for students who can 
attend only part of year. Regents shall submit to governor a report of the 
university prior to each meeting of legislature. The several funds for sup- 
port of the university shall be designated as follows : Permanent endowment 
fund ; temporary university fund ; the university cash fund ; the United 
States Morrill fund ; the United States experiment-station fund. State treas- 
urer shall be treasurer of State university ; regents shall receive no compensa- 
ion for services, but may be reimbursed their actual expenses. Cadet bat- 
talion shall be organized. An agricultural experiment station and substation 
shall be purchased, equipped, and controlled by regents from donations made 
by the United States Government for the same. The object of the substation 
shall be to determine the adaptability of the arid and semiarid portions of 
the State to agriculture, horticulture, and forest-tree growing. The county 
commissioners of any county may appropriate $100 per year for holding farm- 
ers' institutes under the direction of the university. 

See also G (c), County and local normal schools; N (a), High schools. 
Nevada: There shall be established in the University of Nevada a school for 
the instruction of teachers, in which shall be 'taught all branches which are 
taught in common schools of the State, together with theory and practice of 
teaching, school law, botany, physiology, and geology ; there shall be taught in 
said university chemistry, assaying, mineralogy, surveying, and geology, so 
far as they relate to the theory and practice of mining, agriculture, and the 
mechanic arts; typewriting, shorthand, telegraphy, bookkeeping, and com- 
mercial law, so far as they relate to practical life, shall be taught in the 
preparatory department of said university. Board of regents shall be com- 
posed of five members, elected at each general election, two for four years and 
one for two years; regents shall take oath of office; in case of vacancy gov- 
ernor shall appoint member to serve until next regular election. Regents 
shall prescribe rules for own government; prescribe rules for reports of 
university officers and teachers; prescribe course of study; prescribe textbooks 



P (C). STATE UNIVERSITIES AND COLLEGES. 731 

and supply apparatus ; appoint president of university witli proper qualifica- 
tions ; prescribe duties of president and fix his salary ; maintain training and 
model schools; control expenditures of university funds; keep open to public 
inspection all accounts ; make annual report to governor ; revoke diplomas for 
just cause. Regents may employ a clerk at salary of $25 per month ; board 
must hold four meetings in each year. President of university shall make 
annual report to board of regents. Regents shall issue diplomas to graduates 
of university and of normal school. State board of education shall issue high- 
school certificates to graduates who have had at least 16 units in education 
and to graduates of normal school elementary certificates of first grade good 
for five years. Life diplomas may be given to holders of high school and ele- 
mentary certificates after five years' successful experience in teaching. To 
those completing three-year normal course a grammar-grade diploma and 
grammar-grade certificate shall be issued. There shall be no discrimination 
in admission of students on account of sex, race, or color ; no person under 15 
years old shall be admitted ; tuition shall be free. State superintendent shall 
visit university at least once a year and report to board of regents. Uni- 
versity shall analyze and report to sender any ores, minerals, sdil, or water ; 
sample assays shall be made for gold and silver and tests reported. Honorary 
board of visitors of Nevada State University shall consist of one member from 
each county and chief justice of the supreme court shall be ex officio chair- 
man ; term of office of such board shall be two years ; members shall be in- 
terested in higher education and shall be appointed by governor. Said 
visitors shall meet annually at university during commencement week, make 
inspection of same and report to governor ; board shall receive no compensa- 
tion, except expenses for board and lodging while inspecting university, which 
shall be paid out of contingent fund. The interest derived from investment 
of all moneys from the sale of the 90,000 acres of land granted to Nevada by 
act of Congress, 1862 ; that granted by Congress in 1866 ; all money paid as 
interest on deferred installments on purchase of land named in this act which 
may be sold ; all money arising from ad valorem tax of 2 per cent shall con- 
stitute the maintenance fund of the university; board of regents shall be 
trustees of all university funds and property. State controller shall report in 
detail to regents. 
New Mexico: There is hereby established an institution of learning, known 
as the University of New Mexico. The object of the university shall be to 
provide the inhabitants of the State with means of acquiring a thorough 
knowledge of the various branches of literature, science, and arts. The State 
university shall be under the control of a board of regents consisting of five 
members appointed by the governor, by and with the advice of the senate; 
term, four years; not more three regents shall belong to the same political 
party at the time of appointment. Board of regents shall constitute a body 
corporate; said board shall elect a president and a secretary and treasurer 
from their number annually; said secretary and treasurer shall give bond 
in sum not less than $20,000, shall attest all instruments required to be 
signed by the president, and shall keep record of the affairs of the board of 
regents; the president of said board shall generally direct the affairs of 
said university, nominate, and, by and with the advice of the board of 
regents, appoint all professors, tutors, instructors, and other employees of 
said university. The regents shall enact by-laws, rules, and regulations for 
the government of said university. The university shall have departments 
for instruction In science, literature, and the arts, law, medicine, engineering, 
and such other departments as regents may determine, including military 



732 STATE LAWS RELATING TO PUBLIC EDUCATION. 

training and tactics. The immediate government of the several depart- 
ments shall be intrusted to the respective faculties, but the regents shall 
have power to regulate courses of study, prescribe books, and also to confer 
degrees and diplomas. The said university shall be open to the children of 
this State and such others as regents may determine, under the rules and 
regulations of said regents. No sectarian tenets or opinions shall be re- 
quired to entitle any person to become a student or a teacher in said uni- 
versity; said university shall forever be nonsectarian in character. The 
meetings of said board may be called in such manner as the board of regents 
may determine, and a majority of said board shall constitute a quorum for 
the transaction of business. Regents may prescribe entrance requirements, 
shall keep accurate record of all funds of university, and shall insure prop- 
erty of university for three-fourths its value ; may use proceeds of lands for 
permanent improvements. Board of regents of said university shall be al- 
lowed expenses incident to board meetings; shall make annual report to 
the legislature through the governor; may pay secretary and treasurer a 
salary not to exceed $50 per month ; shall take oath of office. The governor 
and superintendent of public instruction shall be ex officio advisory mem- 
bers of board of regents. At least one member of board shall be a resident 
of place of location of the university. Records of board shall be open to 
inspection of any citizen. No employee or member of board shall be pecu- 
niarily interested in any contract of said university. Said university may 
receive any property which may be granted to it by Congress. Tuition fee of 
no less than $5 nor more than $25 shall be charged by boards 

New York: See A (bl). State boards; Q (b), Agricultural colleges. 

North Carolina: A State university shall be established; all property accruing 
to the State from escheats, unclaimed dividends, or unclaimed shares of 
estates of deceased persons shall be appropriated to use of university. Eighty 
trustees shall be elected by legislature for terms of eight years ; State super- 
intendent shall be ex officio a member; board of trustees shall be a body 
corporate, and as such shall hold property, receive gifts, etc. ; all property 
of university shall be exempt from taxation; governor shall be ex officio 
president of trustees. Trustees shall elect a president, professors, and other 
officers- of university, and may remove them for cause ; trustees may appoint 
an executive committee and confer such powers on it as are deemed proper. 
They may confer such degrees as are usually conferred by colleges and uni- 
versities. Regular meetings shall be held annually and special meetings may 
be called by governor or the board ; quorum, at least 10 members ; vacancies 
shall be filled by legislature. Trustees shall reduce tuition fees to $60 per 
annum; they shall adopt such rules for the admission of ministers' sons, 
candidates for the ministry, young men having bodily infirmity, and stu- 
dents preparing to teach as are adopted by other colleges throughout the 
State; students in normal department shall receive free tuition on agreeing 
to teach one year after leaving. Trustees shall report annually to governor 
for legislature. Intoxicating liquors shall not be sold within 4 miles of 
university; billiard tables and games of chance shall not be kept within 5 
miles; theatrical and other shows shall not be exhibited within 5 miles 
without permission from president or member of faculty. Annual appropria- 
tions are made for maintenance ($95,000 for 1914). 

North Dakota: The University of North Dakota is located at Grand Forks. 
Board of trustees shall consist of five members appointed by the governor 
with the advice and consent of the senate. Board shall have control of uni- 
versity proiKjrty: shall elect a president and a secretary of the board. Not 



P (C). STATE UNIVERSITIES AND COLLEGES. 733 

more than 12 meetings shall be held in any one year ; four members a quorum. 
Board shall elect a president, professors, and other necessary employees, and 
fix their salaries and terms of office ; .shall determine the qualifications of ap- 
plicants for admission. Board may expend the income of the university fund 
and may accept any college of the State as a branch of the university ; it shall 
report to the governor at the end of each fiscal year. The president of the 
university shall be the executive head of the instructional force, but the trus- 
tees shall have power to regulate the courses of study, determine books to be 
used, and confer such degrees as are usually conferred by universities. Uni- 
versity shall consist of the following branches or departments: (1) Arts, (2) 
letters, (3) teachers' college, (4) school of mines, (5) military, (6) profes- 
sional departments. University shall be open to both sexes. Graduate of 
university shall, after having taught successfully for 16 months, be entitled 
to certificate to teach in any public school. No resident of the State for one 
year shall be required to pay tuition fees, except in law department and for 
extra studies. A biological station is established at Devils Lake. Each trus- 
tee shall receive $3 per day and expenses while attending meetings. 

See also (bl), State boards; E (b), Teachers' certificates, general; P (b), 
Finance, lands, support of higher institutions. 
Oliio: Miami and Ohio Universities shall be colleges of liberal arts, but not to 
include technical or graduate instruction, aside from the usual graduate 
work for degree of master of arts. The Miami University fund shall consist 
of proceeds of a tax levy of eighty-five ten-thousandths of 1 mill on all tax- 
able property of State; such levy shall not be increased, but appropriations 
may be made from time to time to purchase apparatus for university pur- 
poses, exclusive of buildings; the Ohio University fund shall consist of pro- 
ceeds of a like levy which shall not be increased, but appropriations may be 
made for purchase of apparatus. The Ohio normal-school fund and the Mi- 
ami normal-school fund shall consist of the proceeds, respectively, of a five 
one-thousandths and a thirty-five ten- thousandths of a mill levy on the taxable 
property of the State; each of such schools may receive such additional ap- 
propriations as the legislature may make from time to time for support and 
equipment. Appropriations hereinbefore enumerated shall be only for courses 
in liberal arts in. the normal schools or college branches. For the purpose of 
affording free the advantages to the youth of the State of a higher, technical, 
liberal, professional, agricultural, graduate, and industrial education, includ- 
ing manual training, there shall be levied on taxable property of State five 
hundred and thirty-five ten-thousandths of a mill, the proceeds to constitute 
the Ohio State University fund; Ohio State University shall not maintain a 
normal school, but may establish a teachers' college ; board of trustees of said 
institution may charge incidental expense fees and also reasonable tuition 
fees for professional education. A levy of five one-thousandths of a mill each 
shall be made for the normal schools at Bowling Green and Kent. All insti- 
tutions hereinbefore named may charge reasonable tuition to students non- 
resident in State. Expenditures of all moneys for aforesaid institutions shall 
be subject to inspection of State bureau of inspection and supervision of 
public offices. Government of Miami University shall be vested in 27 trus- 
tees, appointed by governor with advice and consent of senate, nine every third 
year, to serve nine years ; said trustees shall make annual report to governor ; 
legislative iStanding committee on colleges and universities shall examine into 
condition of said university and report needs of the same to legislature. 
Board of trustees of Ohio State University shall be composed of seven mem- 
bers, appointed by governor with advice and consent of senate, one appointed 



734 STATE LAWS RELATING TO PUBLIC EDUCATION. 

each year, to serve seven years ; said trustees shall receive no compensation, 
but shall be allowed expenses ; said trustees shall be a body corporate ; secre- 
tary, treasurer, and librarian of said board of trustees may be members of board, 
and may receive such compensation as board prescribes ; treasurer shall give 
bond; meetings of board shall be held at least three times annually, a ma- 
jority of those present constituting a quorum, but a majority of entire board 
shall be necessary to elect or remove a president or professor ; board of trus- 
tees shall make annual report to governor; board may adopt by-laws, rules, 
and regulations for government of university; board shall elect and fix com- 
pensation of president, professors, and other employees of university; no 
person related by blood or marriage to any member of board shall be elected 
to any position in university the compensation of which is payable out of 
State treasury or unirversity fund; board shall not contract any debt not 
previously authorized by legislature; a high-school building may be con- 
structed on campus of said university to be used as practice school by col- 
lege of education, but shall not be any expense to State ; board may receive 
and apply any gifts made to university ; attorney general shall be legal ad- 
visor to board ; said university shall be open to all persons over 14 years old, 
subject to rules of board, and several counties of State shall be entitled to 
representation as to students in proportion to population; board shall cause 
to be collected agricultural and science specimens, the same to be kept at 
university; board shall establish a department of ceramics, and a school of 
mines ; the proper professor shall make analyses of artificial fertilizers when 
requested so to do ; the college of agriculture and domestic science shall ar- 
range for extension of its teachings throughout the State ; a college of medi- 
cine, a college of dentistry, and an engineering experiment station shall be 
established and maintained at said university. 

See also A (f), Administrative units — districts, etc.; G (b), State normal 
schools. 
Oklahoma: State university is hereby located at Norman; said institution 
shall be under control of State board of education. Said board shall elect 
president, professors, instructors, officers, and employees, and fix their terms 
and salaries ; shall prescribe entrance requirements. No sectarian or partisan 
tests shall be required of any person connected with said institution, and no 
sectarian or partisan instruction shall be given therein. The president of uni- 
versity shall be president of the several faculties and executive head of the 
instructional force; may be charged with duties of one of professorships. 
Immediate government of the several colleges of said university shall be in- 
trusted to their respective faculties, but State board may regulate courses, 
prescribe books, confer degrees, and grant diplomas and confer on faculty 
power to suspend or expel students for proper cause. Object of university 
shall be to impart knowledge of branches connected with scientific, industrial, 
and professional pursuits, training in art of teaching, and training in citizen- 
ship ; university shall be composed of colleges of arts, letters, education, and 
of the professions. College of arts shall give instruction in mathematical, 
physical, and natural sciences, with their application to industrial arts; col- 
lege of letters shall be coexistent with college of arts and shall embrace lib- 
eral course of instruction in language, literature, and philosophy; college of 
education shall give instruction in theory and art of teaching and in aca- 
demic branches. Said university shall be open to female as well as male 
students; able-bodied male students may receive instruction and discipline 
in military tactics, requisite arms to be furnished by State. Any graduate of 
university satisfying State superintendent as to moral character, and upon 



P (C). STATE UNIVERSITIES AND COLLEGES. 735 

application to said superintendent, sliall be granted a permannt first-grade 
teacliers' certificate. State board may require students in college of education 
to pay tuition fees unless tliey agree to teacb in common schools of State for 
one year, but no student who has resided in State for one year preceding his 
admission shall be required to pay any tuition fees, except in law department 
or for extra courses. State board may receive any gifts for use of university. 
See also A (bl), State boards; N (a). High schools. 

Oregon: The "regents of the university" shall consist of 9 members; they 
shall be appointed by the governor with the consent of the senate ; term, 12 
years. Regular meetings shall be held in Jimuary and June; special meetings 
may be called by the president or held on request of 3 members. Regents 
shall elect a secretary and a treasurer and fix their compensation. Powers 
and duties of regents: To have custody and control of university property; 
employ a president of the university and necessary professors, teachers, and 
other employees; receive interest on the university fund and also sums ac- 
cruing to the university for tuition and apply the same to the payment of 
employees ; prescribe admission fee and rate of tuition ; supervise the course 
of study and make rules and by-laws for the university ; confer degrees usually 
conferred by universities; prescribe qualifications for admission to the uni- 
versity. Five members of board shall constitute a quorum; an executive com- 
mittee may perform duties of board in recess time. Regents shall receive 
only necessary expenses in attending meetings. President of board shall be- 
port annually to governor. The faculty shall have the immediate control and 
discipline of the university, and, under supervision of regents, shall prescribe 
course of study and textbooks. The president of the university shall be presi- 
dent of the faculty and shall give general directions to the work. The interest 
on the fund accruing from the sale of university lands shall be applied to the 
payment of president, faculty, and other current expenses. For the support 
of the university a tax of three-tenths of 1 mill shall be levied on the taxable 
property of the State. Separate appropriations are made for the medical de- 
partment and for extension work. 

South Carolina: The trustees of the University of South Carolina shall con- 
sist of the governor, superintendent of education, chairmen of the committees 
on education of the senate and house of representatives, ex officio, and seven 
members elected by the legislature; term of elective members, six years, two 
or three, as the case requires, being elected every two years; compensation, 
actual expenses when attending meetings. Said board shall be a body cor- 
porate. Governor shall be president; two stated meetings a year, and gov- 
ernor may call special meetings; majority a quorum, but a majority vote of 
the whole board shall be necessary for the election or removal of a president 
or professor or for the creation or abolition of a professorship or for the 
expulsion of a student. Trustees may appoint a board of visitors. No sale 
of property of the university shall be made without the consent of the legis- 
lature. Board may receive and invest funds offered to found scholarships. 
Board shall appoint a president and faculty, who shall have immediate control 
of the university. The president of the university shall not be an atheist or 
infidel; one of the professors shall be chaplain. Board shall appoint a 
librarian. The tuition fee shall be $40 per annum, except in the law depart- 
ment, where additional fees may be charged ; except in the law department, 
the faculty may grant beneficiary scholarships to deserving youths who may 
be unable to pay tuition; trustees may remit all fees to teachers who take 
the special courses offered teachers by the university. The university may 
confer degrees. Trustees may admit as normal students, without fees, two 



736 STATE LAWS RELATING TO PUBLIC EDUCATION. 

young men from each county; young women may be admitted to the uni- 
versity, but not below the junior class. The universities and colleges of the 
State may provide a course, to be approved by the State board of education, 
the completion of which will entitle student to the degree of licentiate of 
instruction, and the diploma therefor shall entitle holder to a first-grade 
county teacher's certificate. 

See also A (bl), State boards; A (f). Administrative units — districts, etc. 

South Dakota: The University of South Dakota, located at Vermillion, shall 
be under the control of the State board of regents. Ohject: To impart to 
young men and women a " liberal education and thorough knowledge of the 
different branches of literature, the arts, and sciences." No student who has 
been a resident of the State for one year shall be required to pay tuition 
fees, except in the law department and for extra studies. University shall 
include a collegiate, scientific, law, normal, and such other departments as 
the regents may determine; regents may confer degrees and grant diplomas. 
Board shall elect a president, oflicers, tutors, and other necessary employees 
and fix their compensation; it may remove such officers in its discretion. 
President of the university shall report biennially to the board of regents, 
who shall report biennially to the governor. 

Tennessee: The University of Tennessee is established at Knoxville. Board 
of trustees shall consist of the governor. State superintendent, commissioner 
of agriculture, president of the university ex officio, and two members from 
the city of Knoxville and one member from each congressional district, ap- 
pointed by the governor; term of appointive members, 12 years, two being 
appointed every 2 years. Board may appoint an executive committee of 
five of its members to transact such business of the university as said board 
may delegate. The provisions of the act of Congress of July 2, 1862, and 
subsequent acts granting Federal aid to agricultural and mechanical colleges 
are accepted ; such fund is divided between the said university and the State 
agricultural and industrial normal school for negroes at Nashville in propor- 
tion to the scholastic population of the white and colored races. 
See also B (a), General State finance and support. 

Texas: Permanent fund constituted for State University. — ^AU lands heretofore 
set apart ; 1,000,000 acres of land set apart by constitution and 1,000,000 acres 
set apart by legislature in 1883 ; bonds that may be purchased with proceeds 
of university lands; proceeds of sale of university lands that are placed in 
treasury; receipts from donations, etc. State shall hold such permanent 
fund in trust, and income therefrom shall be used for maintenance of uni- 
versity. Donations may be accepted for professorships and scholarships. 
Board of regents shall consist of eight members, nominated by governor and 
appointed with advice and consent of senate; term, eight years, two being 
appointed biennially. Regents shall establish the departments of a first-class 
university; they shall appoint a president and professors and fix their sal- 
aries ; they may regulate the course of study and prescribe books and authori- 
ties to be used; they may grant such degrees and diplomas as are usually 
granted by universities. Admission fee shall never exceed $30, and male and 
female students residing in the State may be admitted free under regulations 
prescribed by regents. All expenditures shall be made on authority of the 
regents. No religious qualification shall be required and no sectarian in- 
struction shall be given. Regents shall report annually to State board of edu- 
cation and biennially to legislature. Legislature shall at each regular session 
appoint a board of visitors. 



P (C). STATE UNIVERSITIES AND COLLEGES. 737 

Utah: The University of Utah is constituted a body corporate, and as such 
may take and hold property, convey property, and receive gifts and bequests 
for purposes appropriate to the objects of the university. Purpose of uni- 
versity: To afford a thorough education to students of both sexes in the arts, 
sciences, literature, and the civil professions, including engineering. Board 
of regents: Secretary of state, president of university after election, and 12 
citizens appointed by the governor; members shall hold 4 years, with over- 
lapping terms. Between meetings of board its powers as to ordinary business 
may be transacted by an executive committee of 5 members appointed by the 
board. Board shall elect a president and a secretary from its membership 
and a treasurer who is not a member. Board shall elect a president and 
faculty and fix their compensation ; it may commit to faculty the selection of 
instructors and employees and the determination of their compensation; 
regents shall receive no compensation except necessary expenses in attending 
meetings. University may confer degrees upon those completing prescribed 
courses and may also confer special, honorary, and emeritus degrees upon 
former members of the faculty. The State normal school shall be continued 
as a department of the university. In the department of education 400 
scholarships shall be maintained, but not more than 200 of these shall be in 
the secondary training department ; holders shall be exempt from payment of 
matriculation fees; appointment of holders shall be made by State superin- 
tendent on nomination of county board of examiners ; State superintendent 
shall apportion scholarships to counties on basis of school census ; holders of 
normal scholarships shall declare their intention to complete course elected, 
and, after completion of course, to teach in the public schools of the State. 
Holders of teachers' certificates issued by the department of education shall 
be entitled without further examination to teach in grades or subjects men- 
tioned in certificates for a period of 5 years; holder of grammar-school 
diploma, after teaching 2 years, shall be entitled to a life grammar-grade 
diploma, to be issued by State board of education. A course of studies pre- 
paratory to regular university courses may be maintained by regents. In- 
struction in preparatory, normal, and regular university courses shall be free 
to all residents of State, but a matriculation fee of $10 for residents and $50 
for nonresidents may be required annually. Fees may be charged for special 
and postgraduate courses. Benefactors may establish professorships, fellow- 
ships, and lectureships. 

See also P (b). Finance, lands, support of higher institutions; Q (d), 
Mining schools. 

Vermont: See Q (b). Agricultural colleges. 

Virginia: The " Rector and Visitors of the University of Virginia" shall be a 
body corporate. There shall be nine visitors appointed by the governor, with 
the consent of the senate; term, 4 years, four or five, as the case requires, 
being appointed every 2 years; superintendent of public instruction shall 
be ex officio a member. Meetings shall be held once a year and at such other 
times as board may determine ; majority, a quorum ; visitors shall elect from 
their number a rector and shall also elect a secretary; they shall annually 
elect an executive committee of not less than 3 nor more than 5 members 
to transact business in recess. Duties of visitors: To care for and pre- 
serve the property of the university ; appoint a president, professors, and other 
necessary officers; prescribe the duties of professors and the courses of in- 
struction; make regulations for the government of the university; report 
annually to legislature. State appropriation of $40,000 annually is made on 
3966°— 15 47 



738 STATE LAWS KELATING TO PUBLIC EDUCATIOlsr. 

condition tliat students resident of the State and over 16 years old shall be 
admitted to academic departments free of tuition charges. Rector and 
visitors shall not issue obligations secured by deed of trust on property of 
university without consent of legislature. Gifts and bequests may be ac- 
cepted and shall be deposited in the State treasury to be invested in bonds or 
certificates of indebtedness of Virginia, the United States, or any State 
thereof; income shall be appropriated to the general purposes of the uni- 
versity unless otherwise specified by donor. A donation shall be irrevocable 
by donor or his representative, but visitors may reject a donation. The State 
shall be trustee of funds of the university. 

See also A (b2), State oflacers; P (a). Higher institutions, general. 

Washington: Government of University of Washington shall be vested in 
board of regents to consist of 7 members appointed governor, by and 
with advice and consent of the senate ; term, 6 years ; 4 members a quorum ; 
governor shall fill any vacancy on said board until close of following 
session of legislature; members of said board shall take oath of oflBce. Said 
board shall organize by electing from its number a president and an executive 
committee, said president to be ex oflficio chairman of such committee ; board 
shall hold quarterly meetings; executive committee shall transact business 
during the interim, and may call special meetings of full board. Powers and 
duties of regents: To have control of university and its property; appoint 
and fix terms of president, members of faculty, assistants, and other em- 
ployees of the institution; prescribe course of study with assistance of 
faculty; confer diplomas and degrees; receive bequests and gratuities which 
may be granted to the university, and expend the same according to terms of 
said bequests and gratuities; give and execute bonds and other papers re- 
quired by the War Department for safe-keeping of arias and equipment 
loaned to said university by the United States; transmit a printed report 
biennially to governor prior to session of legislature. Members of said board 
shall serve without compensation, but traveling expenses shall be allowed. 
Faculty of said university shall consist of the president and professors, and 
shall have immediate government of the institution subject to rules of 
regents. Object of said university shall be to provide instruction for students 
of both sexes in branches of literature, science, art, law, medicine, military 
science, and such other departments as regents may establish; tuition, ex- 
cept for arts and special courses, shall be free to bona fide residents of State ; 
nonresidents may be admitted on terms prescribed by regents; no student 
under age of 16 years shall be admitted to said university; said university 
shall, as far as practicable, begin courses in literary and scientific departments 
at points where same are completed in public high schools of the State; no 
student shall be admitted except upon examination, but students possessing 
certificates from accredited high schools and other educational institutions 
shall be admitted without such examination. Said university shall never 
be under control of any religious or sectarian denomination or society what- 
ever. State attorney general shall be legal adviser of president and regents 
of said university. 

The museum of the University of Washington is hereby constituted the 
State museum, to be under the management of regents of said university. 
See also A (bl). State boards; P (d), Carnegie fund. 

West Virginia: The financial control of West Virginia University shall be 
vested in State board of control, educational affairs in State board of regents; 
said board of regents shall elect president, professors, instructors, officers, and 
employees, and fix salary and term of office of each. Regents shall establish 



P (C). STATE UNIVERSITIES AND COLLEGES. 739 

and maintain such colleges, schools, departments, divisions, chairs, and courses 
of study as they may see fit; shall confer degrees; diploma issued to any 
student who has taken at least six courses in department of education shall 
entitle holder to a first-grade certificate. Regents may admit, as regular 
students therein, not more than 600 cadets, between ages of 16 and 24 years, 
in military department ; such cadets shall be appointed for term of 2 years, 
but may reenlist for term of 2 years ; cadets shall be appointed by members 
of legislature, but number necessary to make full complement of the corps 
shall be appointed by regents; cadets must be of good moral character and 
sound physical condition ; not more than 15 cadets shall be appointed from one 
senatorial district, and not more than 8 from any one county; tuition and 
other charges shall be free to cadets. Regents shall invest funds derived 
from United States land warrants in securities as may be prescribed by act of 
Congress. Said university is designated as institution of the State to 
receive appropriations made by Congress for agricultural education; State 
treasurer shall be custodian of such funds. An agricultural-extension de- 
partment is created at said university to promote improvement and advance- 
ment of agriculture, domestic science and rural life among the people of the 
State. The preparatory branches of the West Virginia University located 
at Montgomery and at Keyser shall be under the control and direction of the 
State board of control and State board of regents. 

See also A (bl), State boards; O (a). Industrial education, general. 
Wisconsin: University of Wisconsin shall be governed by a board of regents, 
consisting of one member from each congressional district and two from 
State at large, at least two of whom shall be women, appointed by 
governor, term six years; State superintendent and president of university 
shall be ex officio members of said board ; said president shall be member of 
all standing committees, but shall vote only in case of a tie; said board 
shall be a corporate body; State treasurer shall be treasurer of said board; 
said board shall hold an annual meeting, and may hold special meetings; 
majority, a quorum for transaction of business; meetings and records of 
board shall be open to public; board may hold executive sessions, records 
of same to be open to public. Duties of hoard of regents: To enact laws for 
government of university ; elect and fix salaries and terms of office of presi- 
dent, professors, instructors, officers, and employees ; determine admission 
requirements; prescribe rules and regulations for management of property 
of university; expend income of university fund for needs of university; 
make biennial report to governor and legislature; shall make other reports 
to governor as often as may seem desirable relative to special investigations ; 
have accounts audited by responsible audit company and approved by 
governor. Regents may receive in connection with the university any col- 
lege of the State upon application of its board of trustees ; such college shall 
become a branch of university and be subject to visitation of regents. 
President of said university shall be president of the several faculties and 
executive head of instructional force ; shall, subject to regents, direct in- 
struction and investigations ; shall, if necessary, be charged with a pro- 
fessorship; immediate government of the several colleges shall be intrusted 
to their faculties; regents may regulate courses, prescribe books, confer 
degrees, grant diplomas, and confer upon faculty power to suspend or 
expel students for cause; no partisan or sectarian instruction shall be 
allowed in any department of university ; no partisan or sectarian tests shall 
be allowed in said university for any purpose whatever. The object of the 
university shall be to provide means of acquiring knowledge of branches 



740 STATE LAWS EELATIITG TO PUBLIC EDUCATION, 

connected with literary, scientific, industrial, and professional pursuits. 
University shall consist of following colleges : Letters and science, mechanics 
and engineering, agriculture, law, medicine, and others, as may be added. 
University shall be open to students of both sexes; all able-bodied male 
students may be given military instruction and discipline. The diploma 
of a graduate from a regular collegiate course, after one year's successful 
experience in teaching in public schools, shall have force of an unlimited 
State certificate. Students who are bona fide residents of State for ore 
year preceding admission shall pay no tuition except for extra studies; 
regents shall fix tuition of nonresidents and fees for extra courses. For sup- 
port and endowment of university there is annually and permanently appro- 
priated : University fund income and all other sums appropriated by law to 
such fund; agricultural fund income; contributions from public or private 
bounty. Regents shall control funds and care for all donations. A tax 
of three-eighths of 1 mill for each dollar of assessed valuation of taxable 
general property of the State shall be levied annually for current and ad- 
ministration expenditures and for improvement and increase of facilities of 
university. Commissioners of public lands may loan trust funds for use 
of university in certain cases. Regents may provide for a model school for 
use of department of education. Secretary of state, with approval of gov- 
ernor, may transfer sum from the general fund to university fund income, 
not to exceed $150,000 in any year, as temporary loan. Plans and contracts 
for buildings must be approved by the governor. Regents shall provide edu- 
cational extension and correspondence teaching; shall carry on experiments 
and conduct traveling schools of agriculture. An astronomical observatory 
shall be maintained at said university. Regents may maintain a summer 
school; may establish three agricultural demonstration stations; shall es- 
tablish a State soils laboratory in connection with college or agriculture; 
shall establish, equip, and maintain in connection with department of 
pharmacy of university a pharmaceutical experiment station ; shall elect 
county agricultural representatives. Regents shall receive amount of ex- 
penses for time ofiicially employed, but no other pay. Any university or 
college may receive in connection with it any other university or college 
upon resolution of boards of trustees of such institutions affected. 
See also A (c2), County officers; Q (d). Mining schools. 
Wyoming: A State university is established at Laramie; departments of 
letters, science, arts, and professions shall be established. Trustees: Nine 
members, with president of university and State superintendent ex officio, who 
may speak but have no vote; appointed by governor; term, six years, three 
being appointed every two years ; vacancy filled by governor. Board is body 
corporate ; it shall possess powers necessary to accomplish the objects of the 
law; routine business may be intrusted to an executive committee. Board 
shall elect officers and instructors and fix their salaries, prescribe studies to 
be pursued, and textbooks to be used; it may grant usual degrees and 
diplomas ; it shall have control of property and the expenditure of funds ; it 
shall make annual report to governor. Faculty shall enforce rules adopted by 
trustees. Tuition shall be as nearly free as possible, and shall be wholly free 
to such students from each county as may be selected and appointed by the 
board of county commissioners therein. Graduates receiving the degree of 
bachelor of arts, letters, philosophy, or science who have subsequently taught 
successfully one year shall be entitled to certificate to teach in any public 
school when diplomas have been countersigned by State superintendent. 
The provisions of the acts of Congress granting Federal aid to colleges of 



Q (b). AGRICULTirRAL COLLEGES. 741 

agricultural and meclianlcal arts are accepted and proceeds applied to uni- 
versity. Legislature shall appropriate money for maintenance; State tax of 
three-eigliths of a mill on the dollar for current expenses, and any excess of 
rcTenue thus collected shall be paid into a "permanent building fund," to 
be used for erecting or repairing buildings. Money appropriated by Con- 
gress for an agricultural experiment station is accepted and shall be applied 
to such purpose. Moneys arising from rental of " agricultural college lands," 
interest and profits from " agricultural college permanent land fund," and 
interest and profits from " agricultural college permanent fund of 1903 " shall 
be available for trustees to use for maintenance of university. 
See also N (a), High schools. 



P (d). Carnegie Fund. 

Louisiana: See P (c). State universities and colleges. 

Washington: Board of regents of the University of Washington and the board 
of regents of State College of Washington may apply for participation in 
the fund of the Carnegie Foundation for the advancement of teaching. 



Q. PROFESSIONAL AND HIGHER TECHNICAL EDUCATION. 



(a) Teachers' Colleges and Normal Schools. 

See G (b). State normal schools; P (c), State universities and colleges. 



Q (b) . Agricultural Colleges. 

See also Appendix A : State constitutional provisions relating to public educa- 
tion. 

Alabama: Board of trustees: Governor, State superintendent, two members 
from congressional district where institute is located, and one from each 
remaining district; board is a body corporate; annual interest on $253,500 
from proceeds of land donated by Congress July 2, 1862, is pledged by the 
State; additional appropriation of $40,000 annually. Powers of hoard: To 
employ and remove instructors and other officers and fix their compensation ; 
regulate the government of the institute as they deem advisable; prescribe 
courses of study, rates of tuition, fees, etc. ; confer academic and honorary 
degrees; establish and maintain a military department. Trustees, who shall 
hold for 12 years, shall be divided into three classes, so that about one-third 
shall be appointed annually ; appointed by governor with the consent of* the 
senate ; regular meeting once a year and special meetings at call of governor 
on petition of four members; quorum, six members; members paid actual 
expenses ; board shall report to each session of the legislature. 

The Agricultural and Mechanical College for Negroes is established at 
Normal. This institution receives 45 per cent of the Federal grants of 1890 
and subsequent years. 



742 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Arizona: See B (b), State school lands; P (c), State universities and colleges. 

Arkansas ; A branch normal college is established at Pine Bluff. This institu- 
tion is for the colored race and receives -^ of Federal grants to State for 
agricultural and mechanical colleges. 

See also P (c), State universities and colleges. 

California: See P (c). State universities and colleges. 

Colorado: The object of the agricultural college at Fort Collins is to afford 
thorough instruction in agriculture and the natural sciences connected 
therewith; said college shall be open to both sexes; no student shall be 
admitted who is under 15 years old and who does not pass a satisfactory- 
examination in arithmetic, geography, grammar, reading, spelling, and 
writing. The full course of study shall embrace not less than four years; 
State board of agriculture may institute winter courses; said board may fix 
the number of terms in the academic year ; said board may charge for tuition. 
The state board of agriculture shall have general control and supervision 
of the institution; said board shall elect president, faculty, and other em- 
ployees; it shall, with the advice of the faculty, prescribe books to be used 
and confer such degrees and testimonials as are usually conferred by such 
institutions. Students shall, if boys, work three hours a day on the farm, 
and if girls three hours a day at work designated by board. 

There is established at Fort Lewis a school of agriculture, mechanic arts, 
and household arts; the State board of agriculture shall have control and 
supervision of said school; Indians shall be admitted free of charge and on 
terms of equality with white students. There- is established at Grand Junc- 
tion a school of horticulture, forestry, and vocational training; said school 
shall be under the control and supervision of the State board of agriculture. 

Connecticut: The Connecticut Agricultural College shall remain an institution 
for the education of youth whose parents are residents of the State. 
Opject: Without excluding scientific and classical studies and including 
military science, to teach branches relating to agriculture and the mechanical 
arts. The senate shall biennially appoint 3 trustees who shall hold 
office for 4 years; the Connecticut Board of Agriculture shall annually 
elect a trustee; the governor shall be ex officio president of the board; the 
graduates of said college of 2 years' standing shall biennially elect as trustee 
a graduate of said college of 10 years' standing, who shall hold office for 
4 years. Said trustees may, on behalf of the State, hold lands, money, and 
other property for the benefit of said college. Duties: To apply the funds 
for the support of the college, appoint managers and teachers, prescribe 
course of study and rules, report annually to the governor. The bonds of 
the State, indorsed and known as the agricultural college bonds and con- 
stituting the agricultural college fund, and "all funds received under act of 
Congress of July 2, 1862, shall not be transferable except by special act 
of the legislature, but shall remain in the custody of the commissioner of the 
school fund. The treasurer of the State and said commissioner may invest 
said fund in any securities in which savings bank of the State may invest ; 
said treasurer shall pay quarterly to the agricultural college interest at the 
rate of 5 per cent per annum. The provisions of the act of Congress of 
July 2, 1862, are accepted. 

Delaware: Delaware College is established at Newark; its object shall be, 
without excluding other scientific and classical studies, and including mili- 
tary tactics, to teach such branches of learning as are related to agriculture 
and the mechanic arts. Board of trustees shall consist of 28 members and 



Q (b). AGEICtlLTUHAL COLLEGES. ^43 

governor, president of college, president of State board of education, and 
master of State grange ex officio ; 8 members shall be appointed by the gov- 
ernor and vacancies in said 8 shall be filled by governor; other 20 members 
shall be appointed by the board. Said board shall have general control of said 
college, and may appoint or remove all subordinate officers and agents ; board 
shall be a body corporate. Faculty, with approval of the board, shall have 
charge of the management and instruction of the students, and may confer 
degrees. Board shall report to each biennial session of the legislature. Free 
instruction for at least 10 students from each county shall be provided, if 
such students agree to teach in the public schools at least one year. The pro- 
visions of the act of Congress of July 2, 1862, and subsequent acts granting 
Federal aid to colleges of agriculture and mechanic arts are accepted. The 
interest on the endowment of the college shall be applied to the free instruc- 
tion of one student from each "hundred " (one-tenth of a county) in the State. 
A college for the instruction of women shall be affiliated with Delaware 
College. Trustees may organize a department of education in said college. 

The State College for Colored Students is established. Board of trustees: 
Two persons from each county, who shall be appointed by the governor for 
terms of four years. Odject of college: To impart instruction in agriculture, 
the mechanic arts, the English language, and the various branches of mathe- 
matical, physical, natural, and economic sciences. Board shall elect a 
president and faculty, who, subject to said board, may confer degrees and 
grant diplomas. Federal aid to agricultural and mechanical colleges is ac- 
cepted, and 20 per cent of such funds are allotted to said College for 
Colored Students. 

Florida: See G (d), Teachers' institutes and summer schools; P (a). Higher 
institutions, general. 

Georgia: See O (b), Agricultural schools; P (c), State universities and 
colleges. 

Idaho: See A (bl). State boards; P (c), State universities and colleges. 

Illinois: See P (c). State universities and colleges. 

Indiana: The provisions of the act of Congress of July 2, 1862, and supple- 
mentary acts granting Federal aid to agricultural and mechanical colleges are 
accepted. The name of the Indiana Agricultural College is permanently 
changed to Purdue University, in consideration of donation made by John 
Purdue. Said university is located in Tippecanoe County. Trustees shall be a 
body corporate and shall hold all property and moneys belonging to said uni- 
versity. They shall organize said university in conformity with the purposes 
of said acts of Congress. They may employ and remove all professors and 
teachers and do all acts necessai-y to keep said institution in operation. Board 
of trustees shall consist of nine members, appointed by the governor, two to be 
nominated by the State board of agriculture, one by the State board of horti- 
culture, one by the Purdue Alumni Association, and five selected by the gov- 
ernor himself; not more than two of said trustees shall be from the same 
congressional district; term, three years, three being appointed each year. 
Board shall elect one of its members president and shall also elect a secretary 
and treasurer, not members of the board. County commissioners of each 
county may appoint two students therefrom who shall not be chargeable with 
room, light, heat, water, tuition, janitor, or matriculation fees, but no more 
than two such students shall be allowed from the same county at the same 
time. Trustees may establish an institute of technology in connection with 
said university when a gift is made of money or other property for establish- 



744 STATE LAWS KELATING TO PUBLIC EDUCATION. 

ing the same. Trustees shall encourage and direct farmers' reading courses. 
Annual appropriation is made to said university for the advancement of agri- 
culture, domeseic science, and rural life in the several counties of the State; 
said appropriation shall be used to employ lecturers, extension workers, etc, ; 
■ an extension department is established. Annual appropriation of $75,000 is 
made for an agricultural experiment station at said university. 

See also A (bl). State boards; B (d), State taxation for school purposes; 
O (a), Industrial education, general. 

Iowa: The provisions of the act of Congress of July 2, 1862, and supplementary 
acts are accepted. Course shall include agriculture and the mechanic arts, 
military tactics, and a school of mines as a separate department. Tuition 
shall be free to residents of the State over 16 years old; each county shall 
have prior right to free tuition for three students and the remainder of the 
capacity of the college shall by the State board of education as trustees be 
distributed to the counties according to population. 

See also A (bl), State boards; E (b). Teachers' certificates, general. 

Kansas: The provisions of the act of Congress of July 2, 1862, providing 
Federal aid to State agricultural and mechanical colleges, are accepted. 
College is located in Riley County. Controlled by State board of administra- 
tion. Board shall elect president, professors, and other officers. Four depart- 
ments: (1) Agriculture, (2) mechanic arts, (3) military science and tactics, 
(4) literature and science. Immediate government shall be under president 
and faculty, but board may prescribe course of study and, with advice of 
faculty, the books and authorities to be used, and may grant such degrees and 
diplomas as are conferred by institutions of the highest grade. The college 
shall be open to all persons under regulations prescribed by board. Board 
shall make annual report. Governor shall appoint a board of three visitors 
to examine personally, at least once a year, the several departments of the 
college. The 90,000 acres of land granted by Congress shall be used solely for 
the endowment of the college; moneys received from the sale of such land 
shall constitute a fund to remain forever undiminished, but interest may be 
used for current expenses ; board may sell lands. To residents of the State 
tuition shall be free, but incidental fee of $3 shall be charged; nonresidents 
shall pay $10 matriculation and $10 incidental fees. Board may establish 
county demonstration farms, and county commissioners in counties where 
farms are located may devote not exceeding 40 acres for such purpose. 
Branch experiment stations are established on the Fort Hays Reservation 
and at Colby and Lakin. 

In consideration of 15 acres of land deeded by Western University there 
is established at said university a State industrial department. Seven trus- 
tees, viz, president of Western Universiy, four members appointed by the gov- 
ernor, and two members appointed by the trustees of said university. No sec- 
tarian influence or instruction shall be allowed in said department. Trustees 
shall have exclusive control of said department ; they shall determine branches 
of industry to be pursued, furnish necessary equipment, and select a superin- 
tendent and fix his compensation. 

See also A (bl), State boards; B (c), Permanent State school funds; 
E (b). Teachers' certificates, general; K (c). Uniformity of textbooks. 

Kentucky: See G (b), State normal schools; P (c), State universities and 
colleges. 

Louisiana: Board of trustees of the Southern University shall consist of the 
governor. State superintendent, and one white person, appointed by governor, 
from each congressional district; term, four years. Said board shall estab- 



Q (b). AGRICULTUEAL COLLEGES. 745 

lish as department of said university the Industrial and Agricultural Normal 
School, for training colored teachers; shall establish the Model Industrial 
and Agricultural School, with at least eight grades therein. Said board shall 
enact rules and by-laws and shall elect a president, professors, teachers, and 
other employees, and fix their salaries; president, professors, teachers, and 
other employees shall be persons of the colored race. 

See also A (b2), State officers; P (c). State universities and colleges; Q 
(f). Other technical and professional schools. 
Maine: See P (c), State universities and colleges. 

Maryland : Board of trustees shall consist of 18 persons ; 5 shall be elected by 
a majority of the private stockholders of the college ; ^ 6 shall represent the 
State, namely, the governor, comptroller, treasurer, president of senate, 
speaker of house, and attorney general ; United States Secretary of Agricul- 
ture shall be ex officio a member, and one person from each congressional 
district, who shall be a practical farmer or immediately interested in agricul- 
ture; these shall serve for six years, and two shall be appointed biennially 
by governor. Assent of State given to congressional act of March 2, 1887 
(Hatch Act), and to that of first session of Fifty-ninth Congress. Maryland 
Agricultural Experiment Station is designated as the institution to receive 
moneys appropriated for Maryland. Assent of Maryland to grants of money 
in accord with conditions of previous section is given. 

Trustees Maryland Agricultural and Mechanical College required to make 
chemical analysis of soils of the State, classify same, and conduct field ex- 
periments ; to be done by State experiment station ; to be undertaken only on 
property owned by State or furnished without cost ; $10,000 appropriated for 
1915 and same for 1916. 

Department of farmers' institutes shall be established ; purpose shall be to 
furnish farmers such information as will remedy existing evils in agriculture ; 
one institute in each county yearly, additional one if desirable; institutes 
shall be under a director, appointed by trustees of Maryland Agricultural 
College, and be a department of said college similar to the experiment 
station; $6,000 appropriated; accurate separate accounts shall be kept and 
detailed report published. 

See also G (b), State normal schools. 
Massachusetts: The Massachusetts Agricultural College shall be under the 
control of 14 trustees, appointed by the legislature ; the governor, commis- 
sioner of education, commissioner of agriculture, and president of the faculty 
shall be ex officio members of the corporation ; trustees may remove any of 
their number for cause. Powers and duties of trustees: To elect officers of 
board of trustees; fix times and places of meetings; elect president, pro- 
fessors, and other employees of said college, determine their duties, and fix 
their compensation ; prescribe course of instruction ; confer degrees ; establish 
rules for control of said college; make annual report to legislature; receive 
gifts to be applied to purposes of said college. No corporate business shall 
be transacted at any meeting unless one-half, at least, of trustees are present. 
The State board of agriculture shall be a board of overseers for said college, 
with powers and duties prescribed by the governor and council, not to con- 
flict with powers and duties of trustees. The location, plan of organization, 
government, and course of study of said college shall be subject to approval 
of the legislature. Said college is designated as State institution to receive 

1 Mortgage given by private stockholders foreclosed under ch. 128, laws 1914, so that 
the institution is now entirely State property. 



746 STATE LAWS RELATING TO PUBLIC EDUCATION. 

grants from Congress for agricultural instruction. An agricultural experi- 
ment station is establislied and maintained at said college. 
See also G (b), State normal schools. 

Michigan: Tlie Michigan Agricultural College shall provide the people of the 
State with the means of acquiring a thorough knowledge of agriculture and 
allied branches, the mechanic arts, domestic arts, domestic science, and mili- 
tary science. Said college shall be under the control of the State board of 
agriculture. Said board shall employ president, faculty, and other officers of 
the college and fix their compensation; it shall fix the qualifications for the 
admission of students, who shall be admitted free of tuition if residents of 
the State. The said board may hold institutes and establish courses in read- 
ing for the instruction of citizens of the State in the various branches of 
agriculture. The said college is supported by the income from lands granted 
for that purpose, State appropriations, and a tax of one-sixth of a mill on 
each dollar of taxable property. The State superintendent shall prepare for 
district schools a course of study to be known as the agricultural college 
course, upon the completion of which pupils shall be admitted to the agricul- 
tural college without further examination. The State superintendent shall 
receive at least twice a year from the president of the college questions for 
examination for admission to said college, and shall distribute the same, to 
be used by county commissioners of schools in examining applicants for such 
admission. County boards of supervisors may appropriate or raise money 
by tax to cooperate with the agricultural college in improving farm methods. 
See also E (b), Teachers' certificates, general; O (b), Agricultural schools. 

Minnesota: See P (c). State universities and colleges. 

Mississippi: The college, incorporated on February 28, 1878, shall continue 
to exist as a body politic and corporate by the name of Mississippi Agri- 
cultural and Mechanical College, with all its franchises, rights, and powers; 
government shall be vested in the board of trustees of the university and 
colleges of Mississippi. Powers and duties of board: The establishment and 
maintenance of first-class institution where white persons " may acquire a 
common-school education and a scientific and practical knowledge of agri- 
culture, horticulture, and the mechanic arts " ; one-half of agricultural land- 
scrip fund devoted to the college; tuition free for five years; students from 
other States must pay; privilege of rooming in dormitories belongs to the 
free students; each county entitled to students in proportion to its white 
educable males ; this apportionment shall be made by president of college and 
announced annually; selection of new students shall be made by county 
superintendent and by drawing if more than county's quota apply; trustee 
shall make biennial report of gross receipts and gross disbursements, etc. 
Money received from Congress under act of March 2, 1887, for experiment sta- 
tion shall be expended under direction of the college ; billiard tables and other 
gambling devices prohibited within 5 miles of college. Salary of president 
reduced from $4,500 to $3,500 per year. 

Alcorn Agricultural and Mechanical College, created by act of February 28, 
1878, shall continue a body politic and corporate; shall receive for its sup- 
port one-half of the interest of the land-scrip fund; the sections of the 
chapter on the Agricultural and Mechanical College on number of students 
entitled to free tuition and apportioning the same among the several counties 
and the dormitory privileges shall not apply; otherwise the provisions of 
the chapter on the Agricultural and Mechanical College shall apply to the 
Alcorn Agricultural and Mechanical College. (This institution is for colored 
persons. ) 

See also A (bl), State boards; P (c), State universities and colleges. 



Q (b). AGRICULTURAL COLLEGES. 747 

Missouri: There is established a College of Agriculture at Columbia and a 
School of Mines at Rolla, provided for by the grant of the United States 
Congress, as departments of the university. The leading object of said 
colleges shall be to teach branches related to agriculture and mining, includ- 
ing military tactics. Said colleges shall be under the control of the board 
of curators of .the university. Students shall be admitted to said colleges 
as to other departments of the university. There is created a perpetual fund, 
to be styled the " Fund of the College of Agriculture and Mechanic Arts," 
to be derived from the sale or lease of the 330,000 acres of land granted by 
Congress July 2, 1862, and from all additions to the same from public or 
private bounty; three-fourths of the income of said fund shall be for the 
support of the Agricultural College and the remaining one-fourth for the 
School of Mines. The College of Agriculture and School of Mines may 
confer degrees suitable to their designs and courses of study. Curators shall 
report annually to the governor regarding the College of Agriculture and 
the School of Mines. Governor shall appoint a board of five visitors to visit 
and examine annually the affairs of the university. The office of treasurer of 
the School of Mines is created and the treasurer of the university is required 
to turn over to the treasurer of the School of Mines all moneys belonging to 
said school. 

The Lincoln Institute, for the higher education of the colored race, is 
established at Jefferson City. Board of regents shall consist of six members 
appointed by the governor and State superintendent, ex officio. Board may 
introduce such studies as are taught in the academic department of the State 
university; shall employ necessary instructors; shall confer degrees usually 
conferred by colleges; may make rules and regulations. AA industrial de- 
partment shall be established. Federal aid granted to the State for the 
benefit of agricultural and mechanical colleges shall be divided between the 
Agricultural College and School of Mines for whites and Lincoln Institute 
for colored persons on the basis of white and colored children of school age. 
See also P (c), State universities and colleges. 

Montana: The Agricultural College of Montana is established at Bozeman; 
such college shall be under control and supervision of State board of educa- 
tion ; an agricultural experiment station is established in connection with said 
college, which station shall also be controlled by said board. Provisions of 
act of Congress of July 2, 1862, and supplementary acts are accepted. United 
States grant of 50,000 acres of land in 1889 for establishment and mainte- 
nance of an agricultural college. Executive board authorized to establish a 
station for experimental work in horticulture; experiment stations are also 
established at Bilhngs and in Fergus County. 

Treasurer of executive board of agricultural college shall have authority 
to receive all moneys appropriated by acts of Congress for such purpose and 
such money shall be expended under direction of State board of education and 
for purpose designated in acts of Congress. 

See also A (bl), State boards; P (c). State universities and colleges. 

Nebraska: See N (a), High schools; P (c). State universities and colleges. 

Nevada: See P (c). State universities and colleges. 

New Hampshire: The leading object of the State agricultural college is, 
without excluding other scientific and classical studies and including military 
tactics, to teach such branches as are related to agriculture and the mechanic 
arts. The general government of the New Hampshire College of Agriculture 
and Mechanic Arts shall be vested in a board of 12 trustees and all vacancies 
hereafter occurring in said board shall be filled as follows : The governor and 



748 STATE LAWS RELATING TO PUBLIC EDUCATION. 

the president of said college shall be members ex officio; the alumni of said 
college may elect two trustees, one of whom shall be a resident of the State, 
and their term of office shall be three years; all other trustees shall be ap- 
pointed by the governor, with the advice of the council ; one at least shall be 
a resident of each councilor district and hold their office for three years, and 
not more than five of the trustees shall belong to same political party and at 
least seven of them shall be practical farmers; seven members shall consti- 
tute a quorum for transaction of business, and not less than eight affirmative 
votes shall be necessary to elect a president of said college. Trustees shall 
receive no compensation, but reasonable expenses shall be paid; shall choose 
a secretary, who shall be sworn and. shall keep a record of their proceedings, 
and a treasurer, who shall give bond ; treasurer shall receive such compensation 
as the trustees may determine. Trustees appoint a faculty of instruction for 
the college and prescribe their duties; shall furnish free tuition to indigent 
students as far as practicable; shall file annually with secretary of state a 
report of the college. Funds derived from the sale of land scrip of the 
United States shall be held as a trust fund for said college and State shall 
pay to the treasurer of the college, semiannually, Interest on the fund at rate 
of 6 per cent per annum. The trustees, with consent and approval of the 
governor and council, except as otherwise provided, may make changes in 
investment of funds of institution as its interests may require. The property 
of said college shall be exempt from taxation. A two-year course In practical 
and theoretical agriculture is hereby established in said college, to which 
students shall be admitted who can pass a satisfactory examination in read- 
ing, spelling, writing, arithmetic, English grammar, and the geography and 
history of the United States; in this course students shall not be required 
to take higher mathematics or any foreign language; in addition, they may 
take other studies for which they are qualified; those completing the two- 
year course shall receive diplomas as graduates of that course; those who 
take this course may continue for four years in all to take other courses for 
which they are qualified; and if qualified for a degre of a four-year course 
they shall receive it. A department of horticulture is hereby established in 
said college. Every student, to receive a diploma for a two-year course, shall 
devote not less than 10 hours per week to practical Instruction and manual 
training in branches of agriculture that require special knowledge and skill. 
Treasurer of said college is authorized to receive grants of money made 
therefor. 
New Jersey: The State agricultural college is established in connection with 
Rutgers College; said Rutgers College is designated as the institution to 
receive grants from the United States Government for agricultural educa- 
tion, and trustees of said college shall have control of said agricultural col- 
lege. Instruction shall be free to students in agriculture in such manner as 
the legislature shall prescribe. Trustees shall make and distribute reports as 
prescribed by law. Board of visitors of agricultural college shall consist of 
two members, appointed by governor from each congressional district, 
with advice and consent of the senate, to serve two years ; members of said 
board shall be allowed official expenses; said board shall have general super- 
vision and control of agricultural college and shall make recommendations to 
legislature ; said board shall cause to be delivered annually in each county of 
the State one or more public lectures upon subject of agriculture free of 
charge. Students shall be admitted to agricultural college upon the recom- 
mendation of board of chosen freeholders of respective counties ; number shall 
be same as or in proportion to number of representatives in the legislature for 



Q (b). AGKICULTUEAL COLLEGES. 749 

such counties. Additional free scholarships, equal to number of representa- 
tives in legislature, shall be granted; students shall be selected by examina- 
tion ; for each such scholarship the State shall pay to said college the sum of 
$126 ; moneys received by Rutgers College for said agricultural college shall 
be used only for instruction in agriculture, mechanic arts, English language, 
and the various sciences with special reference to their application in the 
industries. A deparement of ceramics is established at said college; short 
courses in agriculture shall be given. 

New Mexico: There is hereby created and established an institution of learn- 
ing, known as the Agricultural College and Agricultural Station of New 
Mexico. Said institution shall be open to the children of all residents of 
New Mexico, and such other persons as board of regents may determine, under 
such terms, rules, and regulations as said board may prescribe ; shall be non- 
sectarian in character and devoted to practical instruction in agriculture, 
mechanic arts, natural sciences connected therewith, as well as a thorough 
course of instruction in all branches of learning bearing upon agriculture and 
other industrial pursuits. Course of instruction of said college shall embrace 
the English language, literature, mathematics, philosophy, civil engineering, 
chemistry, and animal and vegetable anatomy and physiology, the veterinary 
art, entomology, geology, and political, rural, and household economy, horti- 
culture, moral philosophy, history, mechanics, and such other courses of 
instruction as shall be prescribed by the board of regents. Said college shall 
be under the control of a board of regents, consisting of five members appointed 
by the governor, by and with the advice of the senate ; term four years ; not 
more than three regents shall belong to the same political party at time of 
appointment. Said board shall be a body corporate ; shall elect own officers ; 
a majority of members shall constitute a quorum for transaction of business. 
Duties of regents: To receive and disburse moneys for use of college; adopt 
plans for buildings and improvements; elect professors, teachers, and other 
employees, and fix salaries of the same ; fix tuition fees ; prescribe rules and 
regulations for the management of said college ; determine time of their meet- 
ings; regulate course of study; prescribe, under advice of the faculty, books 
to be used ; confer degrees and grant diplomas ; set entrance standards ; use 
proceeds of sale of college lands for permanent improvements ; account for all 
funds handled by them ; insure property for at least three-fourths of its value. 
No liquor shall be sold within 1 mile of such college. Said college shall be 
entitled to receive any grants made by Congress for the benefit of said institu- 
tion. Board of regents of said college shall be allowed expenses incident to 
board meetings; shall make annual report to the legislature through the 
governor ; may pay secretary and treasurer a salary of $100 per month ; shall 
take oath of office. The governor and State superintendent shall be ex 
officio advisory members of board of regents. At least one member of board 
shall be a resident of the place of location of the said college. Records of 
board shall be open to inspection of any citizen. No employee or member of 
board shall be interested pecuniarily in any contract of said college. All 
orders for disbursements shall be signed by the president of board of regents 
and attested by the secretary and treasurer; said secretary and treasurer 
shall give bond. A tuition fee of not less than $5 nor more than $25 shall be 
charged by said board. 

New York: The corporation known as Cornell University, is continued. The 
board of trustees shall be composed of the following: The governor, lieu- 
tenant governor, speaker of the house of assembly, commissioner of educa- 
tion, president of State agricultural society, commissioner of agriculture, 



750 STATE LAWS RELATING TO PUBLIC EDUCATION. 

librarian of tlie Cornell Library, and the president of said university shall be 
trustees ex officio, and the eldest lineal male descendant of Ezra Cornell shall 
be trustee thereof during his life; governor shall appoint 5 trustees, with 
advice and consent of the senate, 1 each year, to serve 5 years; there shall 
also be 26 elective trustees, 15 of whom shall be elected by board of trustees, 
10 elected by alumni of said university, and 1 each year by the executive 
committee of the New York State grange to serve 1 year ; at no time shall a 
majority of the board be of any one religious sect or of no religious sect; 
the trustees elected by the board of trustees shall be elected in groups of 
3, 1 group each year ; trustees elected by the alumni shall be elected in groups 
of 2, 1 group each year ; election of trustees shall be by ballot and 15 ballots 
shall concur before anyone is elected ; 12 members shall constitute a quorum 
for transaction of business. Each alumnus may vote for the alumni trustees 
either by direct or transmitted ballot; alumni receiving highest number of 
votes shall be declared elected, but each must receive at least one-third of all 
votes cast ; if no candidate shall receive one-third of votes cast, alumni present 
at meeting shall elect the alumni trustees. Farm and grounds of said uni- 
versity shall consist of not less than 200 acres ; upon recommendation of board, 
not more than 3 constables may be appointed by the supervisor of town of 
Ithaca for protection of university property, salaries to be paid by university. 
The leading object of said institution shall be to teach branches related to 
agriculture and mechanic arts, including military tactics, but such other 
branches may be taught as trustees may direct. Said university may estab- 
lish faculties, departments, and branches, and carry on its work anywhere in 
the State, confer degrees, and award certificates and diplomas in testimony 
thereof. Persons of every religious denomination or of no religious denomi- 
nation shall be equally eligible to offices and appointments. Said corpora- 
tion may take and hold real and personal property and may receive any gift, 
grant, devise, or bequest, in trust or otherwise, and apply same as specified to 
needs of university. Trustees shall conform to requirements of act of Congress 
relative to agricultural colleges. Said university shall be subject to visita- 
tion of regents of University of State of New York. The property of said 
university shall not be incumbered, aliened, or otherwise disposed of except 
by act of legislature. University shall be open to applicants for admission 
at lowest expense consistent with its efficiency and welfare. There shall be 
at said university as many free State scholarships as there are assembly dis- 
tricts; materials used or property destroyed may be charged to holders of 
such scholarships. State scholarships shall be awarded on following condi- 
tions : Competitive examination held annually in each county under direction 
of education department; applicants shall be at least 16 years old and of 6 
months' standing on common schools or academies of State during year pre- 
ceding; subjects designated by president of university and prepared under 
direction of commissioner of education; examination papers shall be for- 
warded to commissioner of education ; other qualifications being equal, prefer- 
ence shall be given to children of those who have died in military or naval 
service of the United States ; due notice shall be given of examinations. New 
York State Veterinary College established at Cornell University shall be under 
the control and management of said university ; funds appropriated for said 
college shall be used exclusively for purposes of said college; tuition shall 
be free to students who shall have resided in the State one year prior to ad- 
mission ; all fees and charges shall be used for current expenses of said col- 
lege; said university shall make annual report to governor relative to said 
college. Cornell University shall have control and management of property 



Q (b). AGEICULTUEAL COLLEGES. 751 

and affairs of the New York State College of Agriculture at Cornell Uni- 
versity; funds appropriated for said college; fees and charges shall be used 
exclusively for current expenses of said college ; said university shall annually 
make report to commissioner of agriculture relative to said college. 

State school of agriculture at Alfred University shall be under control of 
Alfred University. Objects of said school shall be : To give elementary and 
practical instruction in agi'iculture and allied subjects ; conduct agricultural 
experiments; stimulate agricultural pursuits; give preparatory training for 
courses in State college of agriculture at Cornell. Powers and duties of 'board 
of Alfr^ed University relative to said school: To appoint and fix compensation 
of officers, teachers, and other employees; prescribe admission requirements 
and courses of study; and exercise such other powers as may be necessary 
for welfare of school. The commissioner of agriculture, the director of State 
college of agriculture at Cornell University, and a person appointed by State 
grange shall be ex officio members of the board of managers to be appointed 
by trustees of Alfred University to have immediate management of said 
school of agriculture. All moneys appropriated for said school shall be used 
exclusively for said school. Alfred University shall make annual report to 
State commissioner of agriculture and to legislature relative to said school. 
Students who have been residents of State for one year preceding admission 
shall receive free tuition. All fees and sale receipts shall be reported to 
State treasurer, and same may be reappropriated to school. 

New York State School of Agriculture of the St. Lawrence University shall 
have for its objects and purposes elementary and practical instruction in agri- 
culture and allied subjects; instruction through extension courses; agricul- 
tural investigations and experiments; printing and distributing agricultural 
bulletins. The board of trustees of the St. Lawrence University shall have 
care, supervision, and control of said school, and shall employ and fix com- 
pensation of officers, teachers, and other employees; adopt rules for said 
school ; prescribe courses of instruction ; acquire by deed, gift, devise, or lease 
real property for experimental purposes. Treasurer of St. Lawrence Univer- 
sity shall give bond in sum of one-fourth of moneys appropriated by legisla- 
ture for said agricultural school. 

See also A (bl). State boards; A (b2). State officers; F (c). Teachers' pen- 
sions; L (j), Agriculture; O (b). Agricultural schools. 
North Carolina : Appropriations made by Congress for colleges of agricultural 
and mechanical arts shall be divided in this State between white and colored 
institutions in the ratio of white population to colored; the North Carolina 
College of Agricultural and Mechanical Arts is constituted a body corporate ; 
management and control of college is vested in a board of 16 trustees ap- 
pointed by the governor; term, 8 years, 4 retiring every 2 years; governor 
shall be president ex officio ; board shall elect an executive committee of 5 
members which shall perform duties delegated to it by board. Board shall 
control property of college and may accept gifts; board shall appoint presi- 
dent and instructors of college and other necessary officers ; board shall have 
charge of disbursement of funds. Board shall admit free of tuition fees 120 
youths (one for each member of the house of representatives) who are of 
good moral character and are unable to pay such tuition. The agricultural 
experiment station shall be connected with Agricultural and Mechanical Col- 
lege. President and instructors under direction of board may grant degrees 
and arrange curriculum. Board shall make annual report to governor. 
Annual State appropriation made for maintenance. 



752 STATE LAWS RELATING TO PUBLIC EDUCATION. 

A college of agriculture and meclianical arts for the colored race is estab- 
lished ; board of trustees composed of 15 members shall be elected by legisla- 
ture; term, 6 years, 5 being elected every 2 years. Board may elect from 
their number an executive committee who shall have immediate management 
of institution. Board may make rules governing institution, elect president 
and teachers and other officers, and have charge of disbursement of funds. 
President and faculty may grant degrees. Board may fix rules of admission. 
Annual State appropriation is made for maintenance. 

See also O (b). Agricultural schools. 
North Dakota: The agricultural college is established at Fargo. The board 
of trustee shall consist of seven members appointed by the governor with the 
consent of the senate; term, four years, a part of members being appointed 
every two years. Board shall elect a president, a secretary, and treasurer, 
but treasurer shall not be a member of board. Not exceeding six regular 
meetings shall be held in a year; majority, a quorum; each member shall re- 
ceive $3 per day and 5 cents a mile traveled when attending meetings. Board 
shall have control of the property and of the expenditure of the funds of the 
college; it shall elect a president, faculty, and other necessary employees. 
The object of the institution shall be to afford instruction in agriculture and 
in the natural sciences connected therewith and in the sciences which bear 
directly upon all industrial arts and pursuits; a full course shall consist of 
not less than four years. Board shall fix salaries of employees and rate of 
wages to be allowed students for labor. Faculty shall make annual report to 
board, which shall report annually to the governor. Board may confer degrees. 
The grants of lands and funds by the Federal Government are accepted. 

See also A (bl), State boards; O (b). Agricultural schools; P (b), Finanae, 
lands, support of higher institutions. 
Ohio: A combined normal and industrial department shall be maintained at 
Wilberforce University, an institution for the education of the colored race; 
board of trustees of said department shall consist of nine members, five ap- 
pointed by governor, by and with consent of senate, and three chosen by 
trustees of university; treasurer of such department shall give bond in sum 
of $25,000; said department board shall make annual report to governor; 
each member of legislature may designate one or more youth to receive 
tuition free at such department; there shall be levied annually for sup- 
port of said department a tax of thirty-five ten-thousandths of a mill on all 
taxable property of State, unless the legislature shall designate some other 
rate. 

See also P (c). State universities and colleges. 
Oklahoma: The Oklahoma Agricultural and Mechanical College is hereby 
located in Payne County ; said college shall- be a corporate institution under 
control of State board of agriculture. Object of said college shall be to give 
instruction in agriculture, mechanical arts, English language, and various 
branches of mathematical, physical, natural, and economic sciences with 
reference to industries. Experiment station is established in connection with 
agricultural college. Full course of study shall cover four years, each year 
to consist of nine months. Faculty shall consist of president and professors, 
who shall make rules and regulations for government and discipline of col- 
lege and for preservation of morals, decorum, and health. President of 
college shall be executive officer, and the subordinate officers and em- 
ployees, not members of faculty, shall be under his direction. The president 
and board of control shall fix wages to be paid students for labor at college. 
Board of control and the faculty may confer degrees on graduates of col- 



Q (b). AGRICULTURAL COLLEGES. 753 

lege. Said college may receive any appropriations made by United States 
Government for agricultural colleges witliin tlie State. Citizens of Oklahoma 
between ages of 14 and 30 years wbo sball pass examination in reading, 
arithmetic, geography, English grammar, and United States history, and 
are of good moral character, may be admitted to said institution. 

The Colored Agricultural and Normal University is hereby established at 
Langston; same shall be under control of State board of education. Pur- 
pose of said institution shall be the instruction of both male and female 
colored persons in art of teaching, in common-school branches, in certain 
branches of higher education, in fundamental laws of Oklahoma and United 
States, and in agricultural, mechanical, and industrial arts. State board 
shall determine entrance requirements, and may charge tuition to all stu- 
dents except to those in normal department who pledge themselves to teach 
in schools of the State. A board of visitors, appointed by governor, at least 
one of whom shall be colored, shall visit said institution at least once each 
year and shall report to State superintendent and State board. State board 
shall see to moral welfare of students; no religious or sectarian tests shall 
be applied in selection of teachers nor adopted in institution. Graduates 
from said- institution shall receive diplomas. 

See also A (bl), State boards; L (j). Agriculture. 
Oregon: The agricultural college is located at Corvallis. The provisions of 
the act of Congress of July 2, 1862, and supplemental acts are accepted. 
The " board of regents of the State agricultural college " shall consist of 15 
members, of whom the members of the State board of education and the 
master of the State grange shall be ex officio members ; other nine members 
shall be appointed by the governor, with consent of the Senate ; not more than 
five of said nine shall be of the same political party; ter mof appointive 
members, nine years, three retiring every three years. Seven members 
a quorum. An executive committee of five members may transact busi- 
ness in recess time. President of board shall report annually to governor. 
The course of study shall be prescribed by the regents and shall be in ac- 
cordance with the purposes of the act of Congress. Regents shall fix ad- 
mission and tuition fees, but each senatorial and each representative dis- 
trict and each county shall be entitled to one free scholarship. The interest 
on funds arising from the sale of lands granted by Congress for the agri- 
cultural college shall be applied only to the payment of salaries of faculty 
and officers and current expenses. For the support of the agricultural col- 
lege four-tenths of 1 mill on each dollar of taxable property of the State is 
levied. Agricultural extension is provided for. 

See also C (b), Local bonds and indebtedness. 
Pennsylvania: The institution, originally founded as the Farmers' High School 
of Pennsylvania, shall be continued under the name of the Pennsylvania 
State College. Said college shall be under the control of board of trustees 
consisting of the following: Governor, president of the college, State superin- 
tendent of public instruction, president of the State Agricultural Society, 
secretary of the State board of agriculture, all ex officio ; two members to be 
elected each year by alumni of said college, to serve three years ; two mem- 
bers appointed by governor each year and confirmed by senate; term, three 
years; three elected every year by the executive committee of the Pennsyl- 
vania State Agricultural Society, together with three representatives duly 
chosen by each agricultural society in the State; term, three years. Such 
subjects shall be taught as are conducive to the education of a farmer ; stu- 
dents shall perform all labor necessary in the cultivation of a farm; admis- 
3966°— 15 48 



754 STATE LAWS EELATING TO PUBLIC EDUCATION. 

sion from the several counties shall be in proportion to their number of 
taxables; analyses of soils and manures shall be made free of charge; re- 
sults of experimentation shall be published; special appropriation made for 
study of growing and curing tobacco. Said college is designated to receive 
appropriations made by Congress for agricultural instruction and experi- 
mentation; course of study broadened to include military training; branches 
related to agriculture and mechanic arts to be included. 

Rhode Island: The board of managers of the Rhode Island State College 
shall consist of seven members, including the State commissioner of public 
schools, one member appointed by and from the State board of agriculture 
for term of two years, and five members, one appointed each year by the 
governor, with advice and consent of the senate, for term of five years ; every 
member appointed by governor shall be a domiciled inhabitant of same county 
as his predecessor ; each of the five counties of the State shall be represented. 
Said board shall elect one of its members president of the board and shall 
appoint a treasurer and a clerk, who may or may not be members of said 
board; treasurer shall file bond, and shall make annual financial report to 
legislature. Powers and duties of hoard: To receive and supply funds 
granted by United States Government for agricultural education ; have general 
care of all property of said college ; authorize, supervise, and control activities 
of said college; appoint, prescribe duties, and fix compensation of all 
faculty members and other employees of said college; confer degrees, with 
approval of faculty. The faculty shall, with approval of said board, arrange 
courses of study, prescribe entrance requirements, and prescribe rules and 
regulations for control of college. Said board may summon witnesses, com- 
pel attendance, and administer oaths. Necessary expenses of said board 
shall be paid by State, upon approval by governor of vouchers submitted. 
Leading object of said college shall be, without excluding other scientific 
and classical studies, and including military tactics, to teach branches re- 
lated to agriculture and mechanic arts, to promote the liberal and practical 
education of the industrial classes. Sum of $40,000 is annually appropriated 
for said institution. 

South Carolina: The bequest by Thomas G. Clemson of 814 acres of land in 
Oconee County for the purpose of establishing an agricultural and mechanical 
college is accepted, and Clemson Agricultural College is established on said 
Fort Hill plantation. The board of trustees shall consist of 13 members, 7 
of whom shall be those nominated in the will of said Thomas G. Clemson 
and their successors, and 6 of whom shall be elected by the legislature; 
term of elective members, 4 years, three being elected every 2 years. Said 
trustees shall prescribe the course of study and elect professors and other 
employees. Tuition fee shall be $40 per year, but trustees may grant free 
tuition to competent and deserving youths of the State who are unable to pay 
the same. Said board shall be a body corporate; it shall require a two- 
thirds vote to authorize the expenditure of appropriations made by the State 
or sale or transfer of any property. Board shall report annually to the 
legislature. The State treasurer shall invest the funds derived from the 
Clemson bequest, and shall collect the interest on the same. One-half of 
the "land-scrip" fund ($95,000) is vested in the 6 trustees elected by the 
legislature, income to be used for the maintenance of said college; the 
funds received under act of Congress of July 21, 1862, and supplementary 
acts are likewise vested in said 6 members. Said trustees may establish 
and operate 2 or more experiment stations. Poivers and duties of Tjoard: 
To prescribe reports of county agricultural societies; furnish county auditors 



Q (b). AGKICULTUEAL COLLEGES. 755 

with blanks for the collection of agricultural statistics, which blanks shall be 
filled and returned by said auditors; investigate all subjects relating to 
agricultural improvement, the inducement of immigration to the State, and 
the investment of foreign capital therein; promote veterinary science; make 
rules prohibiting the importation to the State of diseased live stock; establish 
quarantine in case of live stock affected with contagious diseases; supervise 
the execution of laws relating to sale of fertilizers and seeds ; keep register of 
lands for sale and of persons desiring employment; may hold agricultural 
conventions ; shall detail one scientific agriculturist to visit different parts of 
the State. Trustees may construct and maintain a railroad from Clemson 
College to Calhoun Station on the Southern Railway. The privilege tax on 
fertilizers shall be used for the benefit of said college. There are established 
in said college as many scholarships of $100 each as there are members in 
the legislature. In addition, there are created 51 beneficiary scholarships in 
agriculture of the value of $100 each. 

There is established a normal, industrial, agricultural, and mechanical col- 
lege for the higher education of the colored youth. Board of trustees shall 
consist of governor and six members elected by the legislature ; term of elec- 
tive members, six years, two being elected every two years. Said board shall 
succeed to all the property of Clafiin College, which shall be separated from 
Claflin University. It shall fix a course of study covering the " normal, 
industrial, agricultural, and mechanical sciences," provide buildings and 
appliances, and select instructors and fix their salaries. One-half of the 
" land-scrip " fund ($95,900) shall be for the benefit of said college and shall 
be held in trust as a perpetual fund, the income to be used for the maintenance 
thereof. All sums received under act of Congress of August 30, 1890, shall 
be divided equally between said college and Clemson Agricultural College. 
See also A (bl). State boards. 

South Dakota: The State College of Agriculture and Mechanic Arts is located 
at Brookings and shall be under the control of the State board of regents. 
Ohje<}t: Instruction in agriculture and the natural sciences connected there- 
with and in the industrial arts. Regents are authorized to employ a presi- 
dent, teachers, and other necessary employees and fix their duties and sal- 
aries. Course of study shall embrace not less than four years. President 
of the college and president of the regents shall constitute a committee to 
fix the wages of students for labor. Faculty shall report annually to re- 
gents. The experiment station established in connection with the college 
shall be under the control of the board of regents. The subexperimental 
station at Highmore, established for the investigation of drought-resisting 
plants, shall also be under the control of the regents. 

Tennessee: An agricultural and industrial normal school for negroes is located 
in Davidson County. Such institution shall be under the control of the State 
board of education. Funds received from the Federal Government under acts 
of Congress of August 30, 1890, and March 4, 1907, shall be divided between 
the University of Tennessee and said school for negroes in the ratio of 38 
to 12, such being the ratio between white and colored school population of 
the State. 

See also B (a). General State finance and support; P (c). State universi- 
ties and colleges. 

Texas: Purpose of agricultural and mechanical college, established in the 
county of Brazos as a department of the State university, shall be, without 
excluding other scientific and classical studies, to teach branches related to 
agriculture and the mechanical a-rts. Board of directors: Commissioner of 



756 STATE LAWS RELATING TO PUBLIC EDUCATION. 

agriculture and seven members appointed by governor, with advice and con- 
sent of Senate; term, eight years, two being appointed biennially. Meetings 
as called by the president. There shall he maintained at such college free 
of charge three students from each senatorial district; one-half of such 
students shall be required to take an agricultural course and the other half 
a mechanical course. Board shall appoint president, professors, and other 
necessary officers; board shall make rules, regulate course of study, fix 
tuition rates, etc. Proceeds o^ sale of 180,000 acres of land granted by 
United States July 2, 1862, and July 23, 1866, shall constitute a permanent 
fund for such college, and income shall be used for maintenance; interest 
heretofore collected on bonds belonging to agricultural and mechanical col- 
lege shall also constitute a part of said permanent fund. The agricultural 
and mechanical college for colored youth, located in Waller County, shall be 
under the supervision and control of the board of directors of the agricultural 
and mechanical college located in Brazos County. 
See Also G (b), State normal schools. 

Utah: The Agricultural College of Utah shall be established and located at 
Logan, in the county of Cache. Board of trustees: Secretary of state, presi- 
dent of faculty, and 12 citizens appointed by the governor; term of ap- 
pointive members, four years, six being appointed every two years. The board 
shall have charge of the general interests of the institution and may make 
rules and regulations not inconsistent with law. Trustees' traveling ex- 
penses paid while attending meetings. Board shall elect professors and in- 
structors, and in the appointment of faculty and determination of study no 
sectarian or religious preference shall be shown. Course of study shall com- 
prise agriculture, horticulture, forestry, animal industry, veterinary science, 
domestic science and art, elementary commerce, surveying, irrigation, mili- 
tary science, history, language, and the various branches of mathematics, 
physical and natural science, and the mechanic arts; full course shall be 
four years, but winter short courses may be instituted. Students entering 
must be at least 15 years old and must have passed an examination in 
arithmetic, geography, grammar, reading, spelling, and penmanship. Courses 
shall be free to residents of State, but entrance fee of $10 may be charged, 
and for nonresidents entrance fee of $25 to $50 may be charged. Board shall 
prescribe, with advice of faculty, textbooks to be used and may confer de- 
grees, etc., " similar to those conferred by agricultural colleges elsewhere." 
See also P (b), Finance, lands, support of higher institutions. 

Vermont: Sixty scholarships shall be supported at University of Vermont and 
State Agricultural College; instruction in said institution shall be in prin- 
ciples and methods of farming, branches in English language and literature, 
ancient and modern languages, and history, mathematics, political, social, 
moral, and industrial sciences. Thirty scholarships shall be supported at 
Middlebury College; instruction in said college shall be given in preparation 
of students as high-school teachers and in forestry and the industries. Trus- 
tees of said institution shall make annual reports to the governor. Each 
senator in the legislature shall in each odd year appoint students to scholar- 
ships in each of said institutions; appointments shall be made by senators 
from their respective counties if suitable candidates apply from such coun- 
ties ; preference shall be given in appointments to University of Vermont and 
State Agricultural College to candidates for agricultural and industrial 
department. Scholarships are granted for period of two years. 

Virginia: The provisions of the act of Congress of July 2, 1862, and supple- 
mental acts granting Federal aid to agricultural and mechanical colleges are 
accepted and it is provided that the proceeds of two-thirds of said Federal 



Q (b). AGKICULTUKAL COLLEGES. 757 

grants shall be appropriated to tlie Virginia Agricultural and Mechanical 
College and Polytechnic Institute and one-third to Hampton Normal and 
Agricultural Institute (colored). A number of students equal to four times 
the number of members of the house of delegates, to be apportioned in the 
same manner, shall have privilege of attending the Polytechnic Institute with- 
out charge for tuition, use of laboratories, or public buildings, such students 
to be selected by the school trustees of the respective counties, cities, and elec- 
tion districts for said delegates. Curriculum shall embrace studies relating 
to agriculture and the mechanic arts, including military science, and not ex- 
cluding other scientific and classical studies. Board of visitors shall be com- 
posed of eight persons appointed by the governor, with the consent of the 
senate, and the superintendent of public instruction and president of board of 
agriculture ex officio; term of appointive members, four years, four being 
appointed every two years; said board shall be a body corporate; members 
shall elect from their own number a rector and shall also appoint a clerk to 
board. Duties of 'board: To have care and preservation of property belonging 
to the college; appoint as many professors and officers as they deem proper 
and, with assent of two-thirds of members, may remove a professor or other 
officer ; prescribe duties of professors and officers and courses of instruction ; 
regulate the government and discipline of students ; fix salaries of professors 
and other employees; fix tuition fees, etc., of students not allowed the same 
free, as hereinbefore provided. A portion of the fund, not exceeding 10 per 
cent thereof, may be expended by visitors for experimental farms. The 
experiment station shall be continued at Blacksburg in connection with said 
college. Board shall require treasurer of the college to give bond in the 
sum of $50,000. Board may accept donations and hold them in trust for the 
benefit of the college. Board of education shall turn over to said treasurer 
all funds belonging to college. Both the Polytechnic Institute and Hampton 
Institute shall report annually to the State superintendent, to be laid before 
the legislature. The grants to Hampton Institute are made on condition that 
approved instruction be offered in agriculture, the mechanic arts, and military 
tactics. Every four years the governor shall appoint six curators (three of 
whom shall be colored) of the fund appropriated to Hampton Institute. One 
hundred colored students may attend Hampton Institute on the same terms 
that State students are allowed to attend the polytechnic institute. 

See also A (b2). State officers; G (b), State normal schools; O (a), Indus- 
trial education, general. 
Wasliington : The State College of Washington shall be under control of board 
of five regents appointed by the governor, by and with consent of the senate ; 
appointed in groups of one, two, and two, one group appointed every two 
years; term, six years; each regent shall give bond in sum of not less than 
$5,000 ; said board shall annually elect its president and treasurer from their 
own number ; said treasurer shall give bond in sum of not less than $40,000 ; 
president of said college shall be secretary of said board, but shall have no 
vote ; said secretary shall give bond in sum of not less than $5,000. Powers 
and duties of regents: To enact laws for government of said college, experi- 
ment stations, and school of science; have control of funds and property of 
said college, experiment stations, and school of science; fix salaries of pro- 
fessors, teachers, and other employees; fix tuition fees; take oath of office; 
make annual report to governor, who shall transmit same to succeeding ses- 
sion of legislature; furnish copy of report to superintendent of public in- 
struction ; grant diplomas and degrees. No employee or member of said board 
shall be pecuniarily interested in any contract of said college. Regents shall 



758 STATE LAWS RELATING TO PUBLIC EDXJCATIOlSr. 

be allowed expenses for time officially engaged. Regents shall meet annually 
and at other times, as they may determine; majority a quorum. Governor 
shall be ex officio advisory member of board of regents, but shall not vote 
nor be eligible to office therein. Treasurer of board shall make disbursements 
on order of board, countersigned by secretary. Said institution shall be open 
to children of all residents of this State and to nonresidents, under rules of 
regents; shall be nonsectarian and devoted to instruction in agriculture, 
mechanical arts, natural sciences, and allied subjects. No students, except 
those holding certificates from accredited public high schools and other educa- 
tional institutions, shall be admitted to said college except upon examination ; 
faculty may specify preparation required for admission to any department 
of said college. One object of said college shall be to train teachers of 
physical science, to collect information relative to similar institutions else- 
where, and to conduct farmers' institutes. No student under age of 16 years 
shall be admitted to said institution. Regents shall provide adequate labora- 
tories, military instruction, department of elementary science, experiment 
station, and other needed departments. Said college is designated as the 
institution of the State to receive any appropriations made by Congress for 
agricultural education. The governor, superintendent of public instruction, 
members of legislature, and county commissioners shall be ex officio visitors 
of said college. Funds received from the National Government shall be used 
for experiment station ; board of regents of State College of Washington may 
receive any gifts for uses of experiment station. 

See also A (bl), State boards; P (d), Carnegie fund. 

West A^irginia: The financial affairs of the West Virginia Colored Institute 
shall be under control of State board of control, and educational affairs under 
direction of State board of regents; regents shall establish in said institute 
such departments of education in literature, science, art, and agriculture not 
inconsistent with terms of acts of Congress whereby certain funds are de- 
voted to education of colored persons as they may see fit. State superin- 
tendent of free schools shall prepare diplomas to be awarded to graduates of 
normal department of said school, same to be equivalent to first-grade cer- 
tificates, valid for five years ; when conditions warrant, regents may add pay 
department to said school. State treasurer shall be custodian of funds of said 
school. Regents shall appoint and fix salaries of teachers and officers of 
said school. 

See also A (bl). State boards; P (c), State universities and colleges. 

Wisconsin: See A (c2), County officers; P (c). State universities and colleges. 

Wyoming: See P (c). State universities and colleges. 



Q (c). United States Grant. 

See P (c). State universities and colleges; Q (b), Agricultural colleges; 
Appendix B : Federal laws relating to agricultural and mechanical colleges. 



Q (d). Mining Schools. 

Arizona: See P (c). State universities and colleges. 

Colorado: The State School of Mines at Golden is declared a body corporate. 
Board of trustees shall consist of five members appointed by the governor; 
term, four years, vacancies being filled at each session of the legislature ; said 
trustees shall have the general management and control of said school. 



Q(d). MINING SCHOOLS. 759 

School of mines shall furnish such instruction as is furnished by like techni- 
cal schools of a high grade and may confer appropriate degrees. Said school 
shall be open to all residents of the State, and students from other States may 
be admitted on payment of tuition fees prescribed by trustees. 

Iowa: See Q (b), Agricultural schools. 

Michigan: See P (c), State universities and colleges. 

Minnesota: See P (c), State universities and colleges. 

Missouri: See P (c), State universities and colleges; Q (b), Agricultural 
colleges. 

Montana: A State school of mines is established at Butte; such school shall 
be under control and supervision of State board of education. Said school 
shall be open and free to all residents of State, male or female, and non- 
residents may be admitted on terms fixed by board. (Lands granted by 
United States for establishment and maintenance of school of mines. ) 

See also A (bl). State boards; O (a), Industrial education, general; P (c), 
State universities and colleges. 

Nevada: Virginia City School of Mines shall be under control of State board of 
education; principal of said school shall receive salary of $2,000 per year, 
payable in monthly installments; for the years 1913 and 1914, $1,000, in ad- 
dition to principal's salary, shall be expended for support of said school. 

New Mexico: There is established an institution of learning, to be known as 
the New Mexico School of Mines. The object of said school is to furnish 
facilities for the education of those persons desiring instruction in chemistry, 
metallurgy, geology, mining, milling, engineering, mathematics, mechanics, 
drawing, the fundamental laws of the United States, and the rights and 
duties of citizenship, and such other courses of study, not including agricul- 
ture, as may be prescribed by the board of regents. The State school of 
mines shall be under the control of a board of regents consisting of five mem- 
bers appointed by the governor by and with the advice of the senate ; term, 
four years; not more than three regents shall belong to the same political 
party at the time of appointment. Board of regents shall constitute a body 
corporate; majority, a quorum; officers shall be a president and a secretary 
and treasurer ; the secretary and treasurer shall give bonds in sum of $10,000. 
Duties of president of hoard of regents ; To preside at all meetings of board ; 
sign all instruments required to be executed by the board; direct generally 
the affairs of said school of mines ; nominate and by and with advice of said 
board of regents appoint and fix salaries of professors, instructors, tutors, 
and other employees of said school. The secretary and treasurer shall be 
the financial and recording officer of said board, keep account of receipts and 
disbursements, attest all instruments signed by president of said board, keep 
a record of proceedings of board. Duties of regents; To enact by-laws, 
rules, and regulations for the government of said school ; prescribe course of 
study, textbooks, branches to be taught, and number of departments into 
which said school shall be divided; fix the scholastic year; provide apparatus, 
mineral and geological cabinets. The immediate government of the several 
departments shall be intrusted to their several faculties. Board of regents 
may confer degrees and grant diplomas; may remove any of its appointees 
for cause. Nonresidents may be admitted to said school upon terms pre- 
scribed by board. Board shall require such compensation for assays, analyses, 
mill tests, or other services performed by said institution as may appear rea- 
sonable. Said institution shall be entitled to receive the benefits of all grants 
made to the State by Congress for the endowment of such school. The school 



760 STATE LAWS RELATING TO PUBLIC EDUCATION. 

of mines shall maintain a preparatory department. The board of regents 
shall charge a tuition fee of not less than $5 nor more than $25 per session 
for each student. Said school of mines may use the proceeds of the sale of 
its lands for permanent improvements. The board of regents of said school 
shall insure the property of the same for three-fourths its value. Board of 
regents of said school may be allow^ed expenses incident to board meetings; 
shall make annual report to the legislature through the governor; may pay 
secretary and treasurer a salary not to exceed $50 per month; shall take 
oath of office. The governor and State superintendent shall be ex officio 
advisory members of said board of regents. At least one member of board 
shall be a resident of the place of location of said school. Records of board 
shall be open to inspection of any citizen. No emplyee or member of board 
shall be pecuniarily interested in any contract of said university. 

North Dakota: See P (c), State universities and colleges. 

Oklahoma: Oklahoma School of Mines is hereby located at Wilburton. Pur- 
pose of school shall be to give technical knowledge of mines and mining and 
related subjects, including physics and mining engineering, mathematics, 
chemistry, geology, mineralogy, metallurgy, shopwork, drawing, properties of 
mine gases, assaying and surveying, drafting of maps and plans. Said school 
shall have a separate and distinct faculty; shall give courses leading to de- 
grees and also special courses as required. Regular courses shall extend 
over a period of four years. Said school shall be under control of State board 
of education. 

See also A (bl), State boards. 

South Dakota: The school of mines at Rapid City shall be under the control 
of the State board of regents. Object: To furnish instruction in chemistry, 
metallurgy, mineralogy, geology, mining, milling, engineering, mathematics, 
mechanics, drawing, the fundamental laws of the country, and the rights and 
duties of citizens. Said institution shall, be open to residents of the State 
without regard to sex or color ; persons from without the State may be ad- 
mitted on terms prescribed by the regents. Regents shall appoint a dean, 
instructors, and other necessary employees; prescribe books to be used; and 
make rules for the government of the institution. 

Texas: A school of mines and metallurgy is established at or near the city of 
El Paso; said school shall be under the supervision of the board of regents 
of the University of Texas; said school shall have a separate and distinct 
faculty ; regular course of study shall extend over a period of two years. 

Utah: A school of mines is established in connection with and under control 
of the University of Utah; said school shall be the beneficiary of grants by 
the United States or the State for maintenance of a school of mines. 

Wisconsin: The Wisconsin Mining Trade School shall be under control of a 
board consisting of three members, including State superintendent of public 
instruction and two members appointed by governor, one every two years, to 
serve four years; appointive members must be residents of lead and zinc 
district. Course of study at said school shall be two years in length, em- 
bracing geology, mineralogy, chemistry, assaying, mining and mining survey- 
ing, and allied subjects ; course of study must be approved by dean of college 
of engineering of State university ; students, bona fide residents of State for 
one year, shall pay no tuition, but shall pay for material used ; other students 
shall pay tuition at not less than $50 nor more than $200 per year. Said board 
shall regulate affairs of school and grant diplomas to graduates. Said board 
shall contract no debt beyond income of school ; shall not sell any property of 



Q (e). MILITARY SCHOOLS. 761 

school without authority of the legisature; shall make annual report to gov- 
ernor and to secretary of state. Counties may appropriate money for equip- 
ment and maintenance of said school. Any city wherein a mining trade 
school is located may annually appropriate money for equipment and mainte- 
nance of such school. 



Q (e). Military Schools. 

Arizona: See B (b), State school lands. 

California: See U (e), Schools for dependents and delinquents. 

New Mexico: The Goss Military Institute is hereby constituted one of the 
educational institutions of New Mexico, to be known as the New Mexico 
Military Institute. The New Mexico Military Institute shall be under the 
control of a board of regents, consisting of five members appointed by gov- 
ernor, by and with advice of the senate; term, four years; not more than 
three regents shall belong to the same political party at the time of their 
appointment. Duties of regents: To maintain and control a military insti- 
tute of proper standards ; make rules and regulations for said institute ; make 
contracts with teachers ; erect proper buildings ; make suitable disposition of 
property; charge tuition, if necessary, for support of institution. All deeds 
for sale of land and all contracts shall be signed by the president of said 
board. The superintendent, commandant of cadets, and instructors in said 
institute shall be commissioned as aids-de-camp on the staff of the governor 
and commander in chief. Adjutant general shall make annual inspection of 
said institute. The two cadets who shall at graduation have the highest 
standing shall receive commissions as second lieutenants in the National 
Guard of New Mexico. The governor and each member of the senate and 
house of representatives shall have the privilege of appointing one cadet 
from his district to said institute, and such appointees shall receive training 
and equipment, tuition, lodging, and medical attendance free of cost, and 
board at actual cost for two scholastic years; said appointees shall be no 
less than 14 nor more than 21 years old, and shall possess such other quali- 
fications as regents may determine. Regents shall -fix entrance requirements 
for said institute; account for all funds; make annual report to governor; 
keep record of all accounts; insure property at three-fourths of estimated 
value. The secretary and treasurer shall receive compensation for their 
services. 

South Carolina: The board of visitors of the Citadel, the military college of 
the State, shall consist of the governor, adjutant and inspector general, 
State superintendent of education, the chairmen of the military committees 
of the senate and house of representatives, ex officio, and five members, 
graduates of said academy, elected by joint vote of the legislature; term of 
elective members six years, one or two, as the case requires, being elected 
every two years. Said board shall have the management and control of said 
academy, shall elect professors therefor, and may confer the degrees of 
bachelor of science and civil engineer. The Citadel shall be open for the 
free education of as many beneficiary cadets as the annual appropriations may 
provide, hut each county shall be entitled to at least one such scholarship; 
board may receive cadets without expense to the State; after graduation, 
beneficiary cadets must teach two years in the public schools; such bene- 
ficiary shall give bond conditioned that he will teach two years or as long 
as he has been in the college. Board of visitors shall make annual report. 
See also A (hi), State boards. 



762 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Vermont: Norwich University is hereby recognized as the military college 
of the State. Each senator shall appoint annually one person to a scholar- 
ship in said institution ; such appointee shall be a resident of the State, and 
preference shall be given by such senator to an applicant from his county. 
Sum of $11,000 shall be annually appropriated for use of said institution. 
Each scholarship shall have value of $80 per year for four years. The gov- 
ernor shall, biennially, appoint three persons, with advice and consent of the 
senate, who, with auditor of accounts and superintendent of education, shall 
constitute a board of visitors to said institution ; said board shall visit said 
institution, and report findings to governor, who shall transmit the same to 
the State board of education and to the legislature; such visitors shall 
receive $3 per day and expenses for not to exceed five days in each year, to 
be a charge against the institution. 

Virginia: The visitors of the Virginia Military Institute shall be a body 
corporate. Composition of hoard of ^msitors: Adjutant general, superinten- 
dent of public instruction, and nine members appointed by the governor with 
the consent of the senate ; term, four years ; four or five, as the case requires, 
being appointed every two years. Board shall meet at least once a year; 
special meetings may be called by superintendent of the institute or presi- 
dent of board; five members a quorum. Board may make by-laws and 
regulations for its own government and the management of the institute. 
The arsenal shall belong to the institute. Visitors shall annually appoint 
a treasurer, whose accounts shall be examined by visitors; they shall ap- 
point professors to give instruction in military science and in such other 
branches as they may deem proper; they shall fix salaries and may remove 
professors for cause. OflScers of the institute shall be commissioned ofllcers 
of the Virginia volunteers, subject to orders of the governor, who shall issue 
commissions to professors, assistant professors, and other officers according to 
rank. Visitors shall prescribe terms of admission, courses of instruction, and 
nature and duration of cadets' service. Board shall admit free of charge 
for board and tuition State cadets between 16 and 25 years old; not fewer 
than 50 such cadets shall be admitted, 1 from each senatorial district and 11 
from the State at large. Any commissioned officer of the State militia may 
be a student free of tuition charge for not exceeding 10 months. Board of 
visitors may confer the degree of graduate upon qualified cadets. Every 
cadet received on State account who remains in the institute two years or 
more shall teach in some school of the State for two years after leaving the 
institute ; in lieu thereof he may serve in the State militia or serve two years 
as an engineer on the State highway commission ; he shall on entering school 
give bond conditioned that he will comply with the provisions of this section. 
State appropriations are made for the support of the institute. 
See also A (b2), State officers. 

Wisconsin: See R (b). Corporations of educational character. 



Q (f ) . Other Technical and Professional Schools. 

Alabama: The Alabama Girls' Technical Institute is a body corporate. 
Trustees: Governor, State superintendent, one member from each congres- 
sional district, and two from the State at large; term, eight years, about 
one-half retiring every four years; governor appoints. Classical and voca- 
tional courses are prescribed; trustees may establish other departments; 
trustees may confer academic and honorary degrees and grant certificates of 



Q (f). TECHNICAL AND PEOFESSIONAL SCHOOLS. 763 

proficiency. President elected by trustees; salaries of president and instruc- 
tors fixed by trustees ; witb consent of trustees, president appoints instructors ; 
trustees shall elect a secretary and a treasurer; officers hall keep account 
of their transactions. White girls of Alabama over 15 years of age and 
possessing required qualifications may be admitted; if accommodations are 
sufficient, girls from outside the State may be admitted. Each trustee may 
grant a scholarship to a girl unable to pay, or whose parents are unable to 
pay, for her education. Girls may be employed to assist in any department. 
Instruction free to residents of State. Trustees may acquire land by con- 
demnation. Annual appropriation, $36,000. Proceeds from the sale of lands 
granted by Congress for such school shall be paid into State treasury as a 
perpetual fund for the school; State shall pay 6 per cent interest on such 
fund ; State treasurer shall make quarterly payments to the institute. 

California: See P (c), State universities and colleges. 

Delaware: See G (b), State normal schools. 

Georgia: See P (c), State universities and tolleges. 

Idaho: See A (bl), State boards. 

Indiana: See P (c), State universities and colleges. 

Kentucky: See P (c), State universities and colleges. 

Louisiana: Industrial institute and college of Louisiana shall be under control 
of a board of trustees consisting of the governor, ex officio, and one person 
from each congressional district and two from State at large appointed by 
governor, by and with advice and consent of the senate ; one-half membership 
appointed every two years, to serve four years ; board shall be a body corpo- 
rate. Said board shall provide at said institution instruction in the arts and 
sciences, that students may acquire knowledge of kindergarten instruction, 
of telegraphy, stenography, and photography, of drawing, painting, designing, 
and engraving in their industrial application; also a knowledge of fancy, 
practical, and general needlework; also knowledge of bookkeeping and agri- 
cultural and mechanical arts, and such other subjects as board may deter- 
mine. Each police jury in the State and city of New Orleans, for each ward, 
shall have right to appoint one female beneficiary to said institution, said 
beneficiary to remain at said institution until graduated; said police jury or 
ward may appropriate not exceeding $250 per year for such purpose. 

Southwestern Louisiana Industrial Institute shall be under control of a 
board of trustees, consisting of the governor, ex officio, and one person from 
each congressional district and two from State at large, appointed by gov- 
ernor, by and with advice and consent of the senate; one-half membership 
appointed every two years to serve four years ; board shall be a body corpo- 
rate. Other provisions same as those for industrial institute and college. 
See also P (c), State universities and colleges. 

Maryland: See P (c), State universities and colleges. 

Massachusetts: There is appropriated annually $100,000 by the State to the 
Massachusetts Institute of Technology; the last five installments shall be 
conditioned on the raising of $1,000,000 by said institution; said institution 
shall maintain 80 free scholarships, 2 to each senatorial district. 

The sum of $50,000 is annually appropriated by the State to the Worcester 
Polytechnic Institute for term of 10 years ; the appropriation of last five in- 
stallments shall be conditioned on the raising of $350,000 by said institution ; 
said institution shall maintain 40 free scholarships, 1 of which shall be al- 
lotted to each senatorial district. 
See also 0(c), Trade schools. 



764 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Minnesota: See P (c), State universities and colleges. 

Mississippi: The institute Incorporated by act of March 12, 1884, under the 
name Mississippi Industrial Institute and College, shall continue to exist as 
a body politic and corporate with all its property and franchises, rights, pow- 
ers, and privileges ; its aim is " the moral and intellectual advancement of the 
girls of the State by the maintenance of a first-class institution for their 
education in the arts and sciences and their training in normal-school meth- 
ods and kindergarten," in bookkeeping, photography, stenography, telegraphy, 
typewriting; in designing, drawing, engraving, and painting, and their in- 
dustrial application; in needlework and other industrial branches. Govern- 
ment vested in board of trustees of the university and colleges of Mississippi. 
Powers of board are such as are necessary to accomplish purpose and aim 
of institution; tuition free for five years to girls of State in all branches, 
except music ; dormitory privileges belong to the free students in preference 
to others; each county to send pupils in proportion to its number of white 
educable girls; president shall make apportionment; county superintendent 
shall examine applicants and give certificates of appointment; applicants 
must be 16 years of age; board shall make biennial reports to legislature, 
with summary of gross receipts and gross disbursements; president shall be 
elected by trustees ; he shall appoint and remove teachers and other employees, 
arrange courses, etc. 

See also A (bl). State boards; E (b), Teachers' certificates, general. 

Missouri: See P (c). State universities and colleges. 

New Jersey: A "qualifying academic certificate" shall mean any certificate 
issued by commissioner of education to any person who has had the pre- 
liminary academic education required by rules of the supreme court or by any 
law of the State for admission to an examination for license to practice law, 
medicine, dentistry, chiropody, pharmacy, or for license as public accountant, 
and for any other profession or vocation for which such certificate is re- 
quired. 

New Mexico : The State board of education shall adopt a standard of efficiency 
for business colleges and commercial departments of other schools ; issue cer- 
tificates of recognition to such schools; issue permits to the same when 
deemed advisable. No such school shall canvass prospective students in the 
State for the purpose of selling such students scholarship or tuition in said 
schools or accepting money or notes before the registration of such student in 
said school without a permit issued by the State board for such purpose. The 
State board may revoke such permit for cause. A violation of these provisions 
shall constitute a misdemeanor. Nothing in this act shall be construed to 
prevent canvassing for students where no scholarship is sold nor fees for tui- 
tion are collected in advance or prevent legitimate advertising of any such 
school. 

New York: The State College of Forestry at Syracuse University shall be 
under control of board of 12 trustees, composed of chairman of State con- 
servation commission, commissioner of education, and chancellor of Syracuse 
University, ex officio, and three members appointed by governor, with advice 
and consent of senate, and six by board of trustees of Syracuse University; 
two of appointive members shall be appointed every two years, term six 
years; members shall serve without pay, but shall be allowed necessary ex- 
penses. Powers and duties of loard: To employ teachers and other em- 
ployees, adopt rules, prescribe courses, make annual report to legislature. 
Primary object of said college shall be to conduct experiments in forestry and 



Q (f). TECHNTCAL AND PKOFESSIONAL SCHOOLS. 765 

forestation. All property of said college acquired with State moneys shall 
remain property of State. Tuition shall be free to students who are residents 
of State for one year preceding admission; all fees and receipts from sales 
shall be reported to State treasurer and may be reappropriated to said college. 

The New York-American Veterinary College at the New York University, of 
the city of New York, is hereby adopted as a State veterinary college. All 
property furnished by State for said college shall remain property of State, 
and all appropriations made for said college shall be used exclusively for said 
college. New York University shall make annual report to governor relative 
to said college. Tuition shall be free to one student from each assembly dis- 
trict of part of State lying east of line drawn from Port Jervis to Utica and 
thence to Ogdensburg ; said free tuition scholarship shall be awarded by fac- 
ulty of college upon competitive examination. Tuition fees from other stu- 
dents and all other fees shall be used for current expenses of said college. 

In the event that the board of education of city of New York shall dis- 
continue the New York Nautical School and shall transfer the property of 
such school to the State, the New York State Nautical School shall be estab- 
lished in its place and shall be under control of board of governors, consisting 
of commissioner of education and eight members appointed by the governor. 
One of appointive members shall be a member of Chamber of Commerce of 
State of New York, one of Maritime Association of Port of New York, one of 
Marine Society, one of New York Board of Trade and Transportation, one 
alumnus of New York Nautical School, one of Buffalo Chamber of Commerce, 
one of Albany Chamber of Commerce, one a New York State member of Na- 
tional Board of Steam Navigation; three of members shall be appointed 
annually, to serve three years; members shall serve without compensation, 
but shall be allowed expenses. Board shall appoint all officers and teachers, 
fix their salaries and prescribe their duties ; shall do other things necessary to 
welfare of school. Tuition shall be free, but initial fee of $50 shall be charged" 
for uniforms, equipment, etc. Instruction shall be given in science and prac- 
tice of navigation, steamship, steam, and electrical engineering. Candidates 
for admission shall possess physical fitness, an elementary education, and 
shall be of good moral character. 

See also A (bl), State boards; Q (b), Agricultural colleges. 
North Dakota: The object of the North Dakota Academy of Science is to 
furnish such instruction in the pure and applied sciences as is usually given 
in schools of technology below the junior year. Board of trustees shall consist 
of five members, appointed by the governor, with the consent of the senate. 

A State school of forestry is located at Botineau. Purpose: To furnish in- 
struction of an agricultural high school, emphasizing those subjects that have 
a bearing on forestry and horticulture. Board of directors shall consist of 
three members, appointed by the governor, with the consent of the senate; 
term, four years ; one or two, as the case requires, being appointed every two 
years. 

See also P (b), Finance, lands, support of higher institutions; P (c), State 
universities and colleges. 
Oklahoma: A college for women is hereby created and located at Chickasha, 
shall be under control of State board of education; purpose of said college 
shall be to give instruction in industrial arts, English language, mathematics, 
physics, natural and economic sciences, with special reference to their appli- 
cation in industries of life, but such instruction shall not conflict with in- 
struction in applied science provided at State agricultural colleges. Full 
course of study shall embrace at least four years of nine calendar months 



766 STATE LAWS RELATING TO PUBLIC EDUCATION. 

each, state board shall appoint president, professors, and other employees, 
and fix their salaries. Faculty shall consist of the presid^it of the college 
and professors, who shall make all rules and regulations for said college. 
President shall be chief executive officer of college, and all officers and em- 
ployees, not professors, shall be under his direction. State board and faculty 
may confer degrees upon graduates. All white female citizens between ages 
of 12 and 35 years, who shall pass examination in reading, arithmetic, geog- 
raphy, English grammar, and United States history, and are of good moral 
character, may be admitted to said college. 
See also A (bl), State boards. 

Oregon: See P (c). State universities and colleges. 

South Carolina: The Winthrop Normal and Industrial College Is established 
for the practical training and higher education of white girls. The board 
of trustees shall consist of the governor, superintendent of education, and 
the chairmen of the committees on education of the senate and house of 
representatives, ex officio, and seven members elected by joint vote of the 
legislature; term of elective members, six years, two or three as the case re- 
quires being elected every two years; compensation, actual expenses when 
attending meetings. Board shall be a body corporate; it shall make rules 
and by-laws for the government of the institution. OJ)jects of college: (1) To 
fit young women for teaching; (2) to give instruction to yonng women in 
stenography, typewriting, telegraphy, bookkeeping, drawing, designing, en- 
graving, sewing, dressmaking, millinery, art needlework, cooking, house- 
keeping, and other industrial arts. Board shall appoint a president, pro- 
fessors, and other necessary officers and fix their compensation. No girl shall 
be admitted unless she shall receive instruction in at least one industrial 
subject. Tuition charge shall be $40 a session, but students unable to pay 
tuition shall be admitted free. Trustees may confer degrees and grant 
diplomas. Diploma from the normal department shall entitle holder to teach 
in the public schools as a first grade teacher. Each county shall receive as 
many scholarships as it has members of the house of representatives; each 
scholarship shall amount to $100 and shall be awarded on competitive exam- 
ination. 

The State accepts the conveyance of the property of the Medical College 
of the State of South Carolina, located in Charleston Board of trustees shall 
consist of the governor, superintendent of education, and the chairmen of 
the committees on medical affairs of the senate and house of representatives, 
ex officio, and eight members elected by the general assembly; term of elec- 
tive members four years, four being elected every two years. Board shall 
assume control of said medical college, elect professors, and make rules and 
by-laws for the government of the college. - Governor shall annually appoint 
seven students in the medical department and seven in the department of 
pharmacy, who shall be entitled to free tuition. Board shall report annually 
to the legislature. 

See also A (bl) State boards. 

Texas: An industrial institute and college for white girls is established; board 
of six regents, three of whom shall be women; terms, six years, two being 
appointed by the governor every two years. Such board shall have general 
control of said institute; shall provide buildings and equipment; shall ap- 
point president, instructors, and other officers; shall establish literary, in- 
dustrial, commercial, household arts, and other like courses. 

Wisconsin: See P (c). State universities and colleges. 



K (b). PEIVATE HIGHER INSTITUTIONS. 767 

R. PRIVATE AND ENDOWED HIGHER INSTITUTIONS; STATE 

CONTROL. 



(a) Higher Institutions. 

Arkansas: See A (bl), State boards. 

Maryland: See P (a), Higher institutions, general. 

New Jersey: See A (b2), State officers. 

New York: See A (bl), State boards. 

Oregon: See A (b2), State officers. 

Wisconsin: See P (c), State universities and colleges. 

R (b) . Corporations of an Educational Character. 

Arkansas: See A (bl), State boards. 

Illinois: See A (b2), State officers. 

Kansas: It shall be unlawful for any representative or agent of any business 
college or commercial department of any other school to canvass in the State 
for the purpose of selling tuition in advance or of contracting therefor before 
the registration of said student in said college without first securing a permit 
from the State superintendent of public instruction. 

Louisiana: The Academy of the Sacred Heart shall be a body corporate; 
may confer degrees and literary honors and grant diplomas. 

The Sisters of Divine Providence shall be a body corporate; may confer 
degrees and literary honors and grant diplomas. 

Loyola University shall be a body corporate ; may confer degrees and give 
diplomas or certificates thereof, but courses of study in learned professions 
shall equal that maintained by other standard universities. 

The Ursuline Nuns shall be a body corporate; may issue literary honors 
and degrees and grant diplomas. 

Maine: See N (a), High schools. 

Maryland: Empowered to receive white minors under 21, who may be lawfully 
received by or committed to any of the juvenile institutions or societies under 
State laws; it may also receive such white minors under 21 as may be com- 
mitted to it by any court or justice of peace after conviction, and with respect 
to minors so committed the Junior Republic shall have and exercise such 
authority as is prescribed by the laws for juvenile institutions and societies. 
See also A (bl), State boards; P (c) State universities and colleges. 

Massachusetts: It shall be unlawful for any person or persons engaged in 
publishing or selling books or doing business as a correspondence school to 
sell stocks, bonds, or other securities of such person or persons until neces- 
sary papers have been filed with the State commissioner of corporations ; any 
pupil who is defrauded by such person or persons may recover three times 
amount paid by him to such person or persons. Every person, firm, associa- 
tion or corporation doing business in this Commonwealth as a correspondence 
school shall conform to the law thereto appertaining and with the rules and 
regulations established by the board of education. 
See also A (bl). State boards. 

Michigan: The president of the board of trustees of every organized academy 
or literary or collegiate institution duly incorporated shall annually cause to 
be made a financial and statistical report of such institution to the State 
superinendent. 



768 STATE LAWS EELATING TO PUBLIC EDUCATION. 

New Hampshire; See N (a), Higli schools. 

New Jersey: See A (b2), State officers. 

New York: See A (bl), State boards: A (d), District boards and officers. 

Ohio: Wlien a college, university, or other institution has been incorporated, 
and has property of $25,000, a schedule of which property has been filed with 
the secretary of state, the trustees of such institution may appoint a presi- 
dent and faculty and all other needed employees, and fix their compensation. 
Trustees may, upon recommendation of the faculty, confer degrees; but no 
college or university shall confer any such degree until the president or 
board of trustees thereof has filed with the State superintendent of public 
instruction a certificate showing that such institution is qualified to issue 
such degree. Any such institution may hold in trust any property devised, 
bequeathed, or donated to it, consistent with objects of such institution. The 
president and professors shall constitute the faculty of such institution, 
may enforce rules and regulations, and suspend and expel offending students. 
Such institution may own mechanical shops and machinery, or lands for 
agricultural purposes, not exceeding 300 acres ; may change stock into scholar- 
ships; may change its location by vote of three-fourths of its trustees, or if 
institution is owned in shares or by stock, by vote of holders of three-fourths 
of stock. The trustees of a corporation incorporated to manage a college 
endowment fund may apply to common pleas court of the county to apply 
such fund to any object not inconsistent with purposes of education different 
from that particularly specified therein if such provision be included In 
articles of incorporation. In case of vacancy in board of trustees of such 
institution, and there is no provision of law for filling it, the governor shall 
fill such vacancy. Property of such corporation may be increased, but use 
of such property shall not be divested from the express will of the donor. 
Trustees of such corporation may borrow money for enlarging or adding to 
buildings, and issue bonds for it and secure them by mortgage. Before the 
trustees of such corporation may acquire and hold additional property, they 
shall file with secretary of state a statement setting forth the amount and 
use of such property. Any college or university operating under the patron- 
age of any religious body may accept the provisions of this act, which shall 
in no way affect its rights under its charter or any law of the State. The 
president of such university shall ex officio be a trustee; such board shall 
divide its number, not including president, into classes, one class for each 
religious body patronizing such institution, one class for alumni, and one 
class at large; no such class shall contain less than 5 nor more than 10 
' members ; those members apportioned to said religious bodies shall constitute 
not less than three-fifths of entire board, excluding president; said trustees 
shall be appointed in rotation, the several classes being properly represented, 
term, five years ; alumni association shall elect " alumni class " of trustees, 
such trustees to constitute not less than one-fifth of entire board; 11 shall 
constitute quorum, if board shall contain 20 or more members; a majority, 
if less than 20 members. The trustees of a corporation incorporated for 
purpose of creating a fund for promotion of education, may receive subscrip- 
tions for membership in such corporation. The board of trustees of a uni- 
versity or college heretofore incorporated, and under patronage of one re- 
ligious body, may increase number of its trustees, not exceeding six, such 
additional members to be chosen from alumni of such institution and to be 
of three years' standing. A corporation may be formed for promotion of 
education under religious influences, the articles of incorporation to set 
forth such fact; existing corporations may avail themselves of provisions 
herein prescribed; the patronizing body of such institution shall elect 21 



R(b). PRIVATE HIGHER INSTITUTIONS. 769 

trustees, divided into 3 classes of 7 each, one class elected each year, to serve 
three years ; president of such institution shall be ex officio member of board ; 
such board may be increased by 6 members; 10 members shall constitute a 
quorum. The terms " academy," " college," and " university " may be used 
Interchangeably. The academic board of an institution Incorporated for 
military and polytechnical education shall consist of the superintendent 
thereof, commandant of cadets, and the professors; may make and enforce 
rules and regulations for government of cadets, to be approved by governor ; 
board of visitors shall be composed of governor, of two other persons ap- 
pointed by governor, and such other persons as may be appointed by super- 
intendent of institution. Trustees of educational institutions not endowed by 
voluntary subscriptions and not located at some particular place by charter 
may change location of such institution as they may see fit. By a three- 
fourths vote of stockholders the trustees of any educational institution, 
incorporated under special charter, may dispose of property of such institu- 
tion. The trustees of any educational institution, incorporated under au- 
thority of the State, owned in shares of stock subscribed and paid up in full, 
by a majority vote of owners of such stock, may change the name and 
enlarge the purposes of such institution ; such amendment shall be filed with 
secretary of state; secretary shall receive fee of 25 cents per 100 words, to 
be in no case less than $5. A mechanics' institute, incorporated under laws 
of State prior to year 1851, may borrow money, issue bonds or notes therefor 
at no more than legal rate of interest, and secure them by mortgage; the 
directors and trustees of such corporation shall not be personally liable for 
debts so contracted. 

When any person sets apart any property for the endowment of any school, 
not previously established, but does not provide for management thereof, the 
common pleas court of the county shall appoint five trustees for same, one 
each year, to serve five years ; said trustees shall give bond ; the trustees of 
such school may, when said school is nonsectarian in character, and instruc- 
tion shall be as provided for public schools, receive pupils from the school 
district, and receive public-school aid; such aid may be given if not incon- 
sistent with purpose of endowment; trustees shall make annual report as 
prescribed by court ; said court shall annually appoint three visitors for such 
school, to report condition of school to the court. 
See also A (b2). State officers. 

Oregon: Any correspondence school giving instruction in the State must 
conduct a resident school of at least the same grade and character that it rep- 
resents itself to conduct through correspondence; it must file with the super- 
intendent of public instruction proof of the conduct of such a school. 

Pennsylvania: See G (b). State normal schools. 

Rhode Island: See A (bl). State boards. 

South Carolina: Persons in charge of all literary, scientific, or professional 
institutions of learning incorporated, supported, or aided by the State, and 
of all schools or private educational institutions shall report annually to the 
State superintendent of education. 
See also A (b2), State officers. 

Tennessee: Misdemeanor to interfere with, disturb, or disquiet pupils or 
teachers of female boarding school while in a public place or on school prem- 
ises, or to communicate for such purposes with pupils either orally, in writing, 
or by signs, or to enter upon premises of such school, except on business, 
without permision of principal. Misdemeanor to loiter about such schools. 
See also N ( a ) , High schools. 
3966"— 15 49 



770 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Vermont : See A ( b2 ) , State officer ; N ( a ) , High schools. 

Wisconsin: President of board of trustees of every organized incorporated 
academy, seminary, and literary or collegiate institution shall cause principal 
or other proper officer of such institution to make report to State superin- 
tendent in even-numbered years. President or other pincipal officer of any- 
incorporated college or school under military discipline or maintaining a 
military department, with not less than 100 cadets, upon application to gov- 
ernor, may have corps of cadets annually inspected by adjutant general or 
other officer appointed by governor ; such inspecting officer shall report results 
of inspection to governor; graduates from such military institutions shall be 
entitled to honorary rank of second lieutenant in the unorganized militia of 
the State. 

Wyoming: See U (e), Schools for dependents and delinquents. 



S. LIBRARIES AND MUSEUMS. 



(a) General. 

See S (b), Public-school libraries. 



S (b). Public-School Libraries. 

Alabama: Annual appropriation of $100 for each county to aid in establishing: 
and maintaining school libraries ; no part of appropriation shall be expended 
in cities and towns of 1,000 inhabitants or more ; county commissioners may 
appropriate not less than $10 to each district; patrons or friends of district 
school must raise $10 before benefits of this act may be had; three amounts 
thus provided shall be turned over to county school treasurer. State superin- 
tendent shall prepare list from which books shall be chosen and shall pre- 
scribe rules for the conduct of libraries ; district trustees shall have control, 
appoint a librarian, provide bookcase, etc. ; books selected from prescribed 
list by trustees on recommendation of teacher. When books are delivered, 
county school treasurer shall draw order to cover charges. Unexpended bal- 
ances of the State appropriation shall be reapportioned equally among the 
counties; no person charged with duties under this act shall receive com- 
pensation. 

Arizona: The board of district trustees may use 3 per cent of school funds 
received for the purpose of purchasing books for a district library, but total 
amount expended in any one year shall not exceed $300; said trustees shall 
have control of said library. 

California: County boards of supervisors may maintain county free libraries 
for territory outside of incorporated cities and towns and library districts 
maintaining libraries; such cities, towns, and library districts may elect to 
become a part of the county system ; county may contract with incorporated 
city or town to give privileges of county library to such city or town ; county 
supervisors may contract with supervisors of another county for the exten- 
sion of privileges of library ; State librarian and librarians of San Francisco 
and Los Angeles shall constitute State board of library examiners; county 
supervisors where library is established shall appoint a county librarian; 
supervisors may make rules governing library; supervisors may establish 



S (b). PUBLIC-SCHOOL LIBRARIES. 771 

branch libraries and appoint employees. Librarian shall take oath of oflBce 
and give bond. County libraries shall be under the general supervision of 
the State librarian ; county librarian shall report to supervisors and to State 
librarian. Tax for library, not exceeding 1 mill on the dollar; county bonds 
may be issued for erection of buildings, etc. County librarian may have 
control of county law library. County library may be disestablished simi- 
larly to its establishment; supervisors may contract with trustees of an 
existing library to make it the county library. 

School boards shall expend library fund and donations in purchase of 
apparatus and books for a school library ; all orders for books or apparatus 
must be submitted to superintendent of schools for his approval. Library 
fund shall consist of not less than 5 nor more than 10 per cent of county 
school fund apportioned to district; in cities not divided Into districts 
library fund shall consist of $50 for every 1,000 children or fraction thereof 
of 500 or more; fund shall be apportioned to each school in proportion to 
number of pupils belonging. In a city and county fund shall be $10 to each 
teacher. School board shall control library which shall when practicable 
be kept open in vacation time and on nonschool days ; school library may be 
made a branch of county library. School board may appoint a librarian. 

See also A (cl), County boards; A (d), District boards and officers; 
G (d), Teachers' institutes and summer schools; N (a), High schools. 
Colorado: See C (c). Local taxation. 

Connecticut: The State treasurer, upon the order of the secretary of the 
State board of education, shall pay $10 to every school district and to every 
town maintaining a high school which shall raise by tax or otherwise a 
like sum for the establishment of a school library, and the further sum of $5 
annually to every district or town which shall raise a like sum for the main- 
tenance of said library. If the number of pupils in attendance in such dis- 
trict or high school shall exceed 100, the treasurer shall pay $10 in the first 
Instance and $5 annually thereafter for each 100 pupils or fraction thereof in 
excess of 100. The town school committee or the joint board of selectmen 
and school visitors may appropriate money for the purchase of books and 
apparatus; said money shall be expended by a committee on libraries and 
apparatus annually appointed by the town school committee or by the school 
visitors. 

Any town, city, or borough may establish a free public library and may 
expend such sum of money as may be necessary to maintain the same. Any 
town, borough, or city may at any meeting duly called for such purpose fix 
by a proper by-law the amount which shall be annually expended; it may 
provide site and building for such library; it may receive and hold gifts 
and bequests. In the absence of other lawful provision any town or borough 
may elect a board of directors to manage its public library; town shall 
determine number; term, three years, one-third being elected each year. 
The State board of education shall annually appoint five persons as a 
State library committee. The librarian or director of any library or any 
public-school teacher may ask the State library committee for advice as to 
selection of books, administration of library, etc. Said committee may give 
such advice and help, may visit and inspect libraries, and may purchase 
books and pictures to be loaned to libraries, schools, associations, etc. ; for 
such purposes $3,250 may be expended. Any town having no free library 
may establish the same and State aid not to exceed the amount expended by 
town and not to exceed $200 may be granted. In towns having a valuation 
of over $600,000, State library committees may expend for the increase of the 



772 STATE LAWS RELATING TO PUBLIC EDUCATION. 

library a sum not to exceed tliat expended by the town ; in towns having less 
than $600,000 valuation, said committee may expend an amount equal to 
that expended from any source for such library; but State expenditure for 
such library shall not exceed $100. 

See also A (d), District boards and officers; A (f), Administrative units — 
districts, etc. 

Delaware: A State library commission, to be composed of nine members ap- 
pointed by the governor is created ; term, five years ; no member shall receive 
any compensation except expenses. Commission may expend not exceeding 
$700 annually, exclusive of expenses. Said commission shall have supervision 
over libraries established under this act and over traveling libraries. Any 
single, united, consolidated, or incorporated district may receive and hold 
any devise, bequest, or donaton for the support of a public library ; such 
district may establish a public library if a majority of the qualified voters 
voting at an election favor such establishment. For the purposes of this 
act school districts shall be divided into seven classes, according to the 
amount of school money which said district is authorized by law to raise. 
A library tax shall be levied according to classification of the district if 
district votes for the establishment of a library; tax within minimum and 
maximum shall be fixed by vote of the district. District shall elect a 
district library commission, the number of members depending upon the 
class of the district. Said commission shall have the custody and manage- 
ment of the library of the district, of the property belonging thereto, and 
of library tax raised by the district; it shall report annually to the district 
meeting; it shall recommend to the school committee or school board the 
amount of tax needed for library purposes; it may acquire by purchase, 
lease, or gift a room or rooms for said library; it may with the consent of 
the school board use the schoolhouse for library purposes; it may purchase 
or accept as gifts books, magazines, etc.; it may employ a librarian. Any 
two or more school districts may unite for the purpose of obtaining the 
benefits of this act Whenever a school district raises the minimum amount 
prescribed by law for the class to which said district belongs, the State treas- 
urer shall pay to said district for library purposes one-half of the minimum 
amount required by law to be raised by said district for library purposes. 
When authorized by vote of the district, library commission may borrow 
money and issue bonds to provide building and site for library. 

An annual appropriation of $100 is made to the "committee on traveling 
libraries" of the Federation of Women's Clubs for the purchase of books 
and cases for traveling libraries for the public schools. 

Georgia: The governor shall appoint five persons as a State library com- 
mission; no member shall be interested in any publishing house or the sale 
of any book ; term, three years ; such commission shall give advice and assist 
in the establishment and improvement of libraries; no compensation. Any 
city may, through its properly constituted authorities, raise money and 
establish and maintain a public library. 

Idaho: State library commission shall be composed of attorney general, secre- 
tary of state, superintendent of public instruction, and president of State 
university; commission shall manage State traveling library or libraries; 
commission may employ a librarian and define his duties, may receive gifts 
of real and personal property, and shall report annually to governor. 

Common council of every incorporated city or village may establish a 
public library and may levy a tax of not exceeding 1 mill on the dollar for 
its maintenance. On petition of 20 electors, school trustees of district not 



S (b). PUBLIC-SCHOOL LIBEAKIES. 773 

an incorporated city or village shall give notice tliat at next election of a 
school trustee the question of establishing a library will be voted on ; 
majority vote shall determine; tax of 1 mill on the dollar may be levied 
for maintenance ; school trustees shall have control. In incorporated cities 
and villages common council shall appoint a board of five directors of the 
library; directors shall have control of expenditure of library fund; they 
shall make rules for their own government and the government of the 
library ; they may, with approval of the council, acquire a building. Such 
libraries shall forever be free, subject to rules of boards. Directors shall 
report aimually to State library commission. Directors may accept gifts 
and hold property in trust. Where a free subscription library has been 
established, the council in an incorporated city or village may levy a tax 
for its support, but it must become a free library. 

See also A (d), District boards and officers; A (f). Administrative units — 
districts, etc.; E (b), Teachers' certificates, general. 

Illinois: See A (d). District boards and otficers ; C (c). Local taxation. 

Indiana: Any city or incorporated town may levy a tax of not exceeding 1 
mill on each dollar of taxable property for the purpose of establishing and 
maintaining a public library; such city or town shall levy such tax if tax- 
payers raise by subscription a sum equal to two-tenths of 1 mill on each 
dollar of taxable property. If such a tax is levied and subscriptions are 
made, a public library board shall be appointed. If the township advisory 
board shall levy in the township a tax of five-tenths of a mill for library 
purposes, a library board shall be appointed. Any incorporated town or 
city shall make its library free to all inhabitants of the township, if such 
township shall levy a tax of five-tenths of a mill on each dollar of taxable 
property for the support of said library; such township tax shall be levied 
by the township advisory board on petition of 50 taxpayers ; in case town- 
ship levies no tax for the support of such library, the library board may sell 
library cards to inhabitants of said township for such fee as may be 
deemed just compensation for library privileges. A State library commis- 
sion to be composed of three members shall be appointed by the governor ; 
term, four years. Said commission shall have the management of the 
traveling libraries ; shall make rules for the loaning of books ; shall prepare 
lists for libraries and furnish information as to the organization and main- 
tenance of libraries; shall provide courses of library instruction; shall 
print circulars of information and perform such other services for libraries 
as it may consider best. Any 5 or more citizens may form an association to 
receive benefits of traveling libraries. Where 50 or more legal voters of a 
township so petition, the question of levying a library tax in any township 
shall be submitted to an election, and if vote carries township advisory 
board shall levy a tax of not less than five-tenths of a mill and not more 
than 1 mill on the dollar for library purposes ; in any township having a 
library established by private donation of $10,000 or more a tax of not ex- 
ceeding 6 cents on each $100 of taxable property shall be levied. Township 
trustee and two residents shall constitute the township library board where a 
township library is established ; such board shall have the control of the pur- 
chase of books and the management of such library ; two or more town- 
ships may unite to maintain a library. In incorporated towns and cities 
school boards may establish and maintain libraries in connection with pub- 
lic schools, but where a library open to the people is already established 
no tax shall be levied for such school library. In any township where there 
is a library established by private donation of $1,000 or more for the use of 



774 STATE LAWS KELATING TO PUBLIC EDUCATION. 

all the inhabitants, township trustee shall levy a tax of not exceeding 1 cent 
on each $100 for the purchase of books. In any city having 30,000 inhabit- 
ants or more a tax of not exceeding 4 cents on each $100 may be levied by 
the board of school commissioners for the support of libraries in connection 
with the public schools. In cities having 15,000 inhabitants or more bonds 
for library purposes may be issued to the amount of $100,000. 

See also A (f), Administrative units — districts, etc.; D (a), Buildings and 
sites, generaL 

Iowa: The treasurer of each school township and each rural independent 
district shall annually withhold from the apportionment to districts be- 
tween 5 and 15 cents for each person of school age, as the directors may 
direct, for the purchase of books; when so ordered by the directors, this 
provision shall apply to other independent districts. The president and 
secretary of the board shall annually, with assistance of the county superin- 
tendent, expend amount withheld ; the State board of educational examiners 
shall prepare lists of books and presidents and secretaries shall make their 
purchases therefrom. Unless the board of directors shall elect some other 
person, the secretary in independent districts and the director in sub- 
districts shall act as librarian. The board of library trustees of any free 
public library may contract with any school corporation, trustees of any civil 
township, board of supervisors of county where library is situated, and the 
council of any city or town, whether such corporation be in the county or an 
adjoining county, for the free use of said library by the residents of the 
corporation with which contract is made. The trustees of a civil township 
may, and on petition of a majority of the resident taxpayers thereof shall, 
contract for library service as herein provided, and when such contract is 
made shall levy a tax therefor of not exceeding 1 mill on the dollar. The 
council of any city or town in which there is no free public library accom- 
modations as herein provided, when such contract is made, shall levy 
a tax therefor of not exceeding 1 mill on the dollar. County authorities 
may likewise contract for library privileges for residents outside of cities 
and towns. The directors of any school corporation in which there is no 
free public library may contract for library accommodations as herein pro- 
vided, and when such contract is made shall levy a tax therefor of not ex- 
ceeding 1 mill on the dollar. 

See also A (f), Administrative units — districts, etc. 

Kansas: School district libraries. — For purchase of library books any school 
district may vote a tax in addition to school tax. Limitation of levy: Dis- 
tricts having less than $20,000 of taxable property, one-half of 1 mill ; $20,000 
to $30,000, three-eighths of 1 mill; $30,000 to $50,000, one-fourth of 1 mill; 
more than $50,000, one-eighth of 1 mill. District clerk shall be librarian, un- 
less trustees shall appoint some other competent person. 

State traveling library. — The Kansas Traveling Libraries Commission shall 
control the traveling department of the State library; they may send out 
from the miscellaneous department of said library such books as the directors 
thereof may prescribe, such books to go to any library or to any community 
or organization not having a library. 

Kentucky: There shall be a county teachers' library m each county, under 
care and in office of county superintendent, supported out of funds collected 
for that purpose at annual institute and by donation. County superintendent 
and two others shall be library commission for purchase of books, periodicals, 
and furniture; State superintendent shall supply certain public documents; 
library commission shall make extended report to institute annually. 



S (b). PUBLIC-SCHOOL LIBEAErES. 775 

When 40 volumes can be collected subdistrlct trustees shall organize a 
district library ; may make " suitable arrangements for keeping the books " 
and may appoint a librarian ; trustees shall have control over library as over 
other property ; may receive donations ; library free to pupils and to others on 
payment of membership fee. 

See also A (bl), State boards; A (d), District boards and officers; G (d), 
Teachers' institutes and summer schools. 

Louisiana: The parish school board shall appropriate $10 as aid to library of 
any school or grade in a school when patrons of said school have raised $10 
for such purpose ; such action shall be reported to State superintendent, who 
shall submit list and prices of approved books; books must be selected from 
such list; secretary of parish board shall order books; parish school board 
shall furnish for each such library, at expense of public-school funds, a book- 
case ; manager of each such library shall make annual report to State super- 
intendent ; such libraries may be enlarged from year to year by additional aid 
when patrons raise supplementary amounts ; legal possession of such libraries 
shall vest in the parish school board. 

Maine: Any town may establish a free public library, and may appropriate 
for the " foundation and commencement " of such library not exceeding $2, 
and for maintenance and annual increase not exceeding $2, for each ratable 
poll in the year next preceding. Any village corporation in a town not main- 
taining a library may establish and maintain one. Any town may secure for 
its inhabitants the free use of a library of an adjoining town. Two or more 
adjoining towns may unite in establishing and maintaining a library. State 
aid shall be extended to any city, town, or village corporation maintaining a 
free public library ; such aid shall be equal to 10 per cent of amount expended 
by such city, town, or village. Any town or city in which a library is main- 
tained by a corporation or association may expend $1 for each ratable poll 
to secure the free use of such library to the inhabitants of such town or city. 

Maryland: The sum of $10 is ordered paid by county board out of State school 
fund " to any schoolhouse district as library money as long as the people of 
the district raise the same amount annually " ; books must he selected by 
district board and teachers from a list furnished by State borad. 

Governor shall biennially appoint four persons, at least two being women, 
who, with the State librarian, State superintendent, and librarian of Enoch 
Pratt Free Library, shall constitute the Maryland Public Library Commis- 
sion. This commission shall organize and serve without pay; necessary ex- 
penses may be paid; commission shall give advice and report annually; it 
shall organize and conduct traveling libraries; $1,500 appropriated annually 
for its use ; commission on application of library directors of a county, munici- 
pality or election district may expend $100 for books for a free public library. 
County commissioners shall have power to establish and maintain free public 
libraries at county seat, with branches elsewhere ; it may levy annual tax not 
over 5 cents for library fund ; on petition of voters of election district county 
commissioners shall establish a public library in said district and control it 
as is done in an incorporated municipality; they may also levy tax on 
district for the library; municipality may levy library tax not to ex- 
ceed 7 cents. When it is determined to establish a library a board of nine 
directors shall be appointed to serve six years, two being elected biennially. 
Directors shall serve without pay, adopt by-laws, and have exclusive control 
of expenditures, erection of buildings, purchasing grounds, appointment of 
librarian, etc. ; moneys collected for such libraries shall be kept in county 



776 STATE LAWS RELATING TO PUBLIC EDUCATION. 

treasury separate from other funds ; libraries tlius established shall be free ; 
directors shall make a detailed annual report to library commission; library 
board may receive and hold gifts; shall receive most of State publications; 
provisions of this chapter, except of the first section, shall not apply to Balti- 
more County. 

Massachusetts: Any city or town public library may lend its books to non- 
residents upon terms determined by the trustees of such library. The free 
public-library commissioners may appoint a general secretary and adviser, 
with the consent of the governor, for a period not exceeding three years. 
The board of free public-library commissioners may, with the consent of the 
governor and council, appoint an agent or secretary to direct educational work 
for the benefit of the alien population of the Commonwealth at a salary of 
such amount, not exceeding $2,000, as the governor and council may approve. 

Michigan: A library may be maintained in each organized township or city 
which shall be the property of such township or city, and be under the control 
of the township board or the board of education of the village or city ; town- 
ship board may dispose of said library to the several school districts of the 
township or may merge said library into a free public library ; when any town- 
ship is organized as a township district the control of the library shall pass 
from the township board to the board of education. All residents of the town- 
ship shall be entitled to privileges of the library, but residents of a school 
district maintaining a library shall be entitled to privileges of such library 
only. Township board or board of education shall make for the government 
of said library such rules and regulations as they may deem proper or the 
State superintendent of public instruction may advise; said board shall ap- 
point a librarian for a term of one year. Any district may by a majority vote 
establish a school-district library and shall be entitled to its proportion of 
books of township library and of library funds; the district board of any 
district or the board of education of any township school district, village, or 
city in which a library has been established shall have charge of such library. 
Township clerk and district board or board of education shall make such 
reports to the State superintendent as he may require. In case board fails to 
make required report or uses library money contrary to law, library moneys 
to be apportioned for the ensuing year shall be forfeited. State superin- 
tendent shall annually furnish to county clerks and to tovniship clerks and 
city clerks a statement of townships, districts, tovniship districts, villages, and 
cities entitled to receive library moneys. The proceeds of all fines for breach 
of the penal laws shall be apportioned by the county treasury for the support 
of libraries. The qualified voters of each tovniship and those of any school 
district in which a library shall be established may vote a tax for the support 
of libraries. 

The governor shall appoint four persons, who, with State librarian, ex officio, 
shall constitute a board of library commissioners; term of appointive mem- 
bers four years, two being appointed every two years. It shall be the duty of 
said board to give advice to the free libraries of the State. All free libraries 
organized under the laws of the State shall report annually to said commis- 
sioners. 

Boards of education in cities where free public libraries are under control 
of such boards may include in their annual estimates a sum sufficient to main- 
tain and purchase new books for said libraries ; said boards may issue bonds 
for sites and buildings. The librarian of all public libraries, including town- 
ship, school district, village, or city libraries, shall report annually to the 



S (b). PUBLIC-SCHOOL LIBRARIES. 777 

county commissioner of schools; said commissioner shall transmit such re- 
ports, together with a list of libraries in the county, to the State board of 
library commissioners. 

See also A (b2), State officers; A (f), Administrative units — districts, etc. 

Minnesota: See A (e), School meetings, elections, etc. 

Mississippi: When any public free school shall raise $10 and furnish suitable 
bookcase, with lock and key, county superintendent may pay $10 out of county 
common-school fund; not more than $100 to be paid by the county in any 
year ; no school shall receive a second donation so long as there are applica- 
tions from schools that have not been supplied; county superintendent shall 
name two first-grade teachers, who, with himself, shall constitute a county 
library commission; their duty to select list of books for libraries, make 
rules, appoint a librarian, who shall make annual report to the county com- 
mission. 

See also A (d), District boards and officers. 

Missouri: There is created a State library board. Composition: Four mem- 
bers appointed by the State board of education, State superintendent ex 
officio chairman. Said board shall select, classify, and recommend a list of 
suitable books for school libraries, supplementary reading, and school refer- 
ence; it shall contract with publishers of selected books to furnish them, 
transportation prepaid, at the lowest possible cost ; State superintendent shall 
publish and distribute list. For purpose provided by this act district board 
shall set aside from incidental fund not less than 5 nor more than 25 cents per 
child enumerated. 

See also A (f). Administrative units — districts, etc. 

Montana: A library fund is created which school trustees shall expend for 
support of school library, except that such fund may be expended for current 
expenses of schools where free-public library is maintained; in districts of 
third class such fund shall consist of 5 to 10 per cent of county fund appor- 
tioned to districts, but not exceeding $50; in districts of first and second 
classes such fund shall consist of not exceeding $50 for each 500 children of 
school age or majority fraction thereof. School library shall be under control 
of school trustees who shall report library statistics annually to county super- 
intendent. Books shall be selected by county superintendent and trustees 
from list prepared by State superintendent; State superintendent shall make 
rules for government of school libraries. 

See also A (b2). State officers; A (c2), County officers. 

Nebraska: See A (d). District boards and officers. 

Nevada: The library fund of each district shall consist of a sum set aside by 
the State superintendent annually out of district school fund, not less than 
$3 nor more than $5 per teacher in such district, calculating 1 teacher for 
every 75 census children, and the further sum of not less than 5 cents nor 
more than 10 cents for each census child ; library fund shall be expended for 
books, approved by State superintendent; school trustees are authorized to 
purchase library books. 

See also A (bl). State boards; B (a), General State finance and support. 

New Hampshire: Upon application of any town having no free public library 
owned and controlled by the town. State aid of not exceeding $100 may be 
granted for the purchase of books, but town must first have accepted at a 
town meeting the provisions of this act and provided for the care, custody, 
and distribution of books. Town accepting these provisions must annually 
make appropriations as follows : Not less than $50 in towns having valuation 



778 STATE LAWS RELATING TO PUBLIC EDUCATlOl?'. 

of $1,000,000 or more ; not less than $25 in towns having valuation of $250,000 
to $1.000,000 ; not less than $15 in towns having valuation less than $250,000. 
Any town may vote to levy a tax and maintain a free public library. 

New Jersey: Any school district raising $20 for establishing a school library, 
or for procuring books of reference, school apparatus, or educational works 
of art for any public school therein, shall receive a like sum from the State ; 
further sum of $10 per year shall be likewise received upon the raising of a 
like sum by the district. Public library commission shall adopt rules and 
regulations for such libraries ; said commission may consolidate and establish 
in one place the school libraries of any <iistrict. School district may appro- 
priate moneys for school libraries. 

If any county shall raise by subscription a sum not less than $100 for es- 
tablishment of a library of pedagogical books for use of teachers, such 
county shall receive $100 from the State for such library; such county shall 
annually receive from the State a sum of not less than $50 nor more than 
$100 upon condition that a like sum be raised by subscription in the county. 
County superintendent and three . teachers appointed by him shall constitute 
a committee to purchase books for and have management of such library. 

New York: All library material belonging to the State, unless otherwise 
placed by law, shall be in charge of the regents and shall constitute the State 
library; the State medical library shall be a part of the New York State 
library, open to the people of the State ; all State records, not otherwise placed 
by law, shall be part of State library ; use of books of State library shall be 
subject to rules and regulations of regents ; there shall be a duplicate depart- 
ment of State library from which publications may be sold, exchanged, or 
distributed ; State library shall make annual report to legislature. The word 
" library " shall include reference and circulating libraries and reading rooms ; 
law applies equally to libraries and museums, whether separate or combined. 
By a majority vote at any election, any city, village, town, school district, or 
other body authorized to levy taxes, or the authorities of a city or village 
may levy taxes for establishing and maintaining a free public library, either 
by itself or in connection with some other library ; vote on said question shall 
be taken upon petition of 25 taxpayers of the tax-levying unit. By a majority 
vote at any election any municipality or district or by three-fourths vote of 
its council, any city, or any public library in the university may accept gifts, 
grants, devises, or bequests for public-library purposes on condition that an 
annual appropriation be made for support of such library, and may levy tax 
for such support. By a majority vote, any tax-levying unit may contribute 
to support of a library not owned by the public but maintained for its welfare 
and free use ; such libraries shall be subject to inspection of regents, and pub- 
lic support for such library shall not exceed 10 cents for each volume in cir- 
culation. Trustees of a museum may at certain hours and for certain pur- 
poses charge admission fees, such fees to go into maintenance fund of museum. 
Free public libraries shall be managed by boards of trustees elected by the 
legal voters, except that in cities they shall be appointed by the mayor with 
consent of the common council; said trustees shall have powers similar to 
trustees of other educational institutions; unless otherwise specified in the 
charter, said library shall have five trustees, selected in rotation, term 5 
years. Within 1 month after taking office, the first trustees of such library 
shall apply to regents for a charter. Public libraries shall be free to the 
people, subject to rules of the library trustees. Every library receiving 
State aid or enjoying privileges not accorded to business corporations shall 
make required reports to regents or commissioner of education. Whoever 



S (b). PUBLIC-SCHOOL LIBRAEIES. 779 

Willfully injures public library property shall be imprisoned for not more than 
three years or fined not exceeding $500, or both ; whoever willfully detains any 
books or other property of such library for 30 days after written notice to 
return the same shall be fined not less than $1 nor more than $25, or be im- 
prisoned not exceeding six months. A public library may, by majority vote, 
approved by the regents, be transferred to the control of some other muni- 
cipality, district or public library in the university. State aid for public 
libraries may be withheld by the regents for good cause. Regents may lend 
books from State library to approved public libraries. The trustees, librarian, 
or any citizen interested in any public library may receive advice or instruc- 
tion from the officers of the State library relative to public libraries. Funds 
appropriated by the legislature for free libraries shall be paid from the in- 
come of the United States deposit fund, and apportioned by the regents; 
no locality shall receive any portion of such fund unless it shall raise an 
amount equal to its apportionment. Any public library may be abolished by a 
majority vote of electors or by action of school authorities, with approval of 
regents. The school library shall be used exclusively by the school except as 
otherwise provided by commissioner of education, and except in a district 
having no public library, in which case such library may be used by residents 
of district. Commissioner of education shall prescribe rules for school libra- 
ries. Any city or union free-school district maintaining an academic depart- 
ment or high school may employ and fix compensation of a librarian; such 
city or district shall receive apportionment of a teacher's quota on account of 
such librarian; in all other districts the school authorities may appoint a 
librarian; in said cities and union districts where no -librarian is appointed, 
English teacher shall serve as librarian, and in other districts, the principal 
teacher ; school authorities shall report names of librarians to commissioner 
of education. School authorities may levy taxes to support school libraries; 
may transfer school library property to free public library. Where a school 
library is a circulating library the same may be incorporated by the regents 
and library trustees appointed therefor. For good cause, regents may with- 
hold school library moneys from any district or city. 

North Carolina: When patrons of school, not having State-aided library, raise 
$10 for school library, county and State boards of education shall each appro- 
priate $10 for such library; county board shall appoint a competent person 
to select books; on application of county superintendent county board shall 
furnish bookcase; State superintendent shall make rules; libraries may ex- 
change books. When patrons raise $5 for enlargement, county, and State 
boards shall each appropriate $5. Not more than six libraries in any county 
may be established in any two years under this act and not more than six 
may be aided in enlarging. No district or town having over 1,000 population 
may be aided. State appropriation of $7,500 is made biennially. 
See also H (c), School year, month, day, etc. 

North Dakota: See A (b2), State officers; A (d), District boards and officers. 

Ohio: The board of any school district may provide for the establishment, 
control, and maintenance in such district of a public library free to all the in- 
habitants thereof; such board may annually levy a 1-mill tax in addition 
to all other taxes allowed by law, and may receive any property donated for 
such purpose. When a donation has been made to two or more districts 
jointly for library purposes, the school boards of the several districts may 
levy a tax not exceeding 1 mill, in addition to all other taxes, for a fund for 
the establishment and support of a joint library ; such joint libraries shall be 
governed by a board of six members, three to be appointed by each school 



780 STATE LAWS KELATING TO PUBLIC EDUCATION. 

board, and said trustees shaU receive no compensation for such services; 
school board may provide for the management and control of such library 
by a board of trustees to be elected ; such library board shall consist of seven 
members, elected one each year for seven years; members of library board 
shall receive no compensation for services. Powers and duties of library hoard: 
To have custody of library property ; elect and fix compensation of librarian 
and assistants; by a two-thirds vote may purchase or lease grounds and 
buildings and erect buildings for library purposes; make annual report to 
school board. By a two-thirds vote said library board may set aside any sur- 
plus as a sinlving fund for building purposes; said board may receive any 
gifts for library purposes; no member of board shall be interested in any 
contract made by board. Library board shall annually submit to school 
board estimate of funds needed for library purposes for ensuing year, and 
school board shall levy a tax not to exceed 1^ mills in addition to all other 
levies authorized by law for such purposes. The school board in any district 
may contract annually with any organization maintaining a library for the 
public use of the same, and said board may levy a tax annually not to exceed 
1 mill to pay therefor. In any district where there is no public library 
school board may annually appropriate an amount not to exceed $250 for a 
school library, the same to be paid from board's contingent fund. The school 
board or library board in any district may found and maintain a museum in 
connection with library, and may receive gifts for the same. 

Oklahoma: Cities of the first class are authorized to establish and maintain 
public libraries. 

Oregon: The governor shall appoint one person, who, with the governor, 
State superintendent, president of the State university, and librarian of the 
Library Association of Portland, shall constitute the Oregon Library Com- 
mission; the library heretofore known as the Library Commission shall be 
known as the State Library, and the commission shall be trustees of the 
State Library. Books of the State Library shall be loaned to the people 
free of charge through local public and traveling libraries and to individuals 
where there are no libraries. Said commission shall give advice to schools 
free and other public libraries; it may purchase and operate traveling libra- 
ries ; may publish circulars of information, and may conduct a summer school 
for library instruction. County court of each county having less than 
100,000 population shall annually levy a school library tax of not less than 
10 cents for each person between 4 and 20 years old in the county ; county 
superintendent shall apportion school-library fund on the basis of school 
population. The directors of each district and the county superintendent 
shall annually select books from the lists furnished by the library commis- 
sion ; the county superintendent shall forward list of books selected to library 
commission and said commission shall order the same from dealer ; said com- 
mission shall annually prepare lists suitable for school libraries, said lists to 
be made after obtaining lowest bids. County superintendent shall appoint a 
librarian who shall have the care and custody of books. 

Pennsylvania: In each district of second, third, or fourth class, the public- 
school library may be controlled by a board of seven library trustees, five of 
whom, not school directors, shall be elected at large, and remaining members 
shall be president of board of school directors and district superintendent or 
vice president of board of school directors; term of trustees shall be five 
years, one elected each year ; secretary of board of school directors shall be 
secretary of board of library trustees; library trustees may make rules for 
government of school libraries, and may purchase books and supplies for the 



S (b). PUBLIC-SCHOOL LIBRARIES. 781 

same upon approval of board of directors. School directors may make appro- 
priation out of annual school taxes for public libraries, but such appropria- 
tion shall not exceed 1 mill on the dollar of taxable property in the district, 
but when library is first established or is enlarged directors may make pro- 
vision therefor; library funds shall be disbursed as are other school funds; 
but such disbursement must first meet with approval of library trustees, if 
any. Library trustees shall serve without compensation; vacancy in library 
board shall be filled by board of school directors. By a two-thirds vote, 
school directors may join with an individual or association in supporting a 
library; branch libraries may be established; no books shall be placed in 
school libraries without the consent of library trustees or school board; 
board of directors may permit use of books by residents of other districts. 
Library trustees shall make reports to State librarian and to State superin- 
tendent. Two or more districts may jointly maintain a public-school library. 
See also A (d), District boards and officers. 

Rhode Island: The council of any city or town may accept a gift of a library 
or of funds for establishment of the same, and may maintain the same ; the 
said council shall elect a board of trustees for such library, consisting of not 
less than three nor more than seven members ; trustees shall be divided into 
three classes, one class elected each year ; term, three years. No fees shall 
be exacted for use of books of such library. Each city or town maintaining 
such library shall appropriate for such maintenance at least as much as 
State shall appropriate for said library. 

See also A (bl), State boards; A (b2), State officers; A (f). Administra- 
tive units — districts, etc. 

South Carolina: Whenever the patrons of a public school shall raise by 
subscription $10 for a school library, the county board of education shall 
appropriate from the funds of the district where such library is to be located 
$10, together with $10 from the county funds, for such purpose : State board 
of education shall also appropriate $10 to such district. Books shall be 
selected by trustees from lists prescribed by the State board of education; 
said State board shall make rules for the management of school libraries. 
Not more than 25 schools in any one county shall receive such aid; State 
board may expend any balance of State appropriation to provide traveling 
libraries. Such school library may be enlarged by raising $5 by private 
subscription and the appropriation of $5 of State funds. Trustees of districts 
in which are towns or cities of more than 3,000 population may appropriate 
not exceeding 3 per cent of the annual school levy for library purposes. 
Whenever the trustees of any public-school district shall raise not less than 
$5 nor more than $25 for the purpose of providing supplementary reading 
books, the county shall pay to such district a like sum and the State a like 
sum; books shall be selected from a list furnished by State board of 
education. 

See also B (d). State taxation for school purposes. 

South Dakota: The county treasurer of each county shall annually withhold 
from the income for the schools 10 cents per capita of persons of school age 
for school-library purposes. County superintendent, county auditor, State's 
attorney, and all superintendents of city schools and principals of village 
schools employing more than one teacher shall constitute the county library 
board ; said board shall meet annually and expend the money above provided 
for library books selected from lists prepared by the State free-library com- 
mission. District clerk shall be librarian and while schools are in session 
shall keep library in the schoolhouse, where teacher shall have charge under 



782 STATE LAWS RELATING TO PUBLIC EDUCATION. 

his direction. County libraiy board may designate library circuits, to be 
composed of not more tban 10 schools, for tlie circulation of books. 

The free libi*aries of the State shall consist of the supreme court library, 
the State library, the free public libraries of the several cities, towns, town- 
ships, and school districts, and the traveling libraries. The supreme court 
library shall be under the control of the supreme court ; the State library and 
traveling libraries, of the free library commission; city, town, and township 
libraries, of the respective boards of library trustees; school libraries, of 
school boards. The State Free Library Commission shall consist of the gov- 
ernor. State superintendent, State librarian, and two members appointed by 
the governor. Duties: (1) To supervise the State library, (2) arrange col- 
lections of books and pictures to be loaned to libraries, institutions, clubs, 
etc., (3) establish a clearing house whereby libraries, institutions, etc., may 
exchange periodicals, (4) designate annually a list of books from which 
county library boards shall select, (5) render advice and assistance to com- 
munities in establishing and conducting libraries, (6) report biennially to 
governor. The chief civil authority in any civil division having a library 
shall appoint three library trustees, who shall provide library accommoda- 
tions, select and purchase books, appoint a librarian, and otherwise manage 
the library ; in said civil division a tax of not exceeding 2 mills shall be levied 
for the support of the library. Upon petition of 5 per cent of the voters of 
any city, town, or township, an election shall be held therein on the question 
of establishing a free public library ; majority vote shall determine. A State 
appropriation of $3,000 is made annually for traveling libraries. 

Tennessee: Free library commission shall consist of State superintendent. 
State librarian, and three members appointed by governor for terms of six 
years, one being appointed every two years. Commission shall elect one of 
its members chairman and a person not a member secretary, who shall re- 
ceive such compensation as commission may fix. Duties of commission: To 
promote establishment of public, school, and traveling libraries and to aid in 
the administration thereof and of libraries already established; hold annual 
meeting in January and special meetings on call of chairman ; report annually 
to governor. (No funds are now provided for this commission.) 

See also A (bl). State boards; B (a), General State finance and support. 

Utah: See A (bl). State boards; A (d). District boards and officers; A (f), 
Administrative units — districts, etc.; N (a). High schools. 

Vermont: State board of library commissioners shall consist of five members, 
appointed by the governor; term, five years, one being appointed each year. 
Said board shall advise and assist in the maintenance and administration of 
public libraries ; it may annually hold a school of instruction. It may extend 
aid for the purchase of books to extent of $100 to any town, city, or incor- 
porated village not having a free public library owned and controlled by itself ; 
in addition said board may expend not exceeding $1,500 per annum to aid 
towns whose " grand list " does not exceed $10,000 each, exclusive of polls. 
Books bought with State money shall revert to State library commissioners 
if local authorities fail to provide for the safety and public usefulness of the 
same. Board may expend $3,(XX) annually for necessary expenses, including 
transportation of books. In order to receive State aid of $100, town, city, or 
village not having a library must annually appropriate money as follows: 
For a " grand list " of $10,000 or more, not less than $50 ; $2,500 to $10,000, 
not less than $25; less than $2,500, not less than $15. A board of library 
trustees must be elected. State board of library commissioners may expend 
not exceeding $1,500 annually for traveling libraries. Trustees to whom 



S (b). PUBLIC-SCHOOL LIBRARIES. 783 

property lias been donated to establish a free public library may, unless other- 
wise provided by donor, form a corporation to consist of not more than nine 
nor fewer than five members. Any town, city, or incorporated village may 
establish and maintain a library and appropriate money therefor. 

Virginia: When patrons and friends of any public school shall raise by 
private subscription and tender to the clerk of the district or city school 
board for the establishment of a school library the sum of $15, the school 
board shall appropriate $15; books shall be selected from lists approved by 
State board of education. When books are selected division superintendent 
shall certify list to State board of education and said board on approving 
the same shall appropriate $10 for such library. No school board shall be 
compelled to appropriate for more than five schools. 

There is appropriated $7,500 to establish a system of traveling libraries. 
The system shall be under the supervision of the library board of the State 
library, but the selection of books must be approved by the State board of 
education. Books may be loaned to any public school in the State. 
See also A (bl), State boards. 

Washington: County superintendent of each county may establish a circulat- 
ing library for common schools ; county commissioners may levy a tax for 
such purpose, not to exceed one-tenth of 1 mill on dollar; books for such 
library must be recommended by State board of education or superintendent 
of public instruction. County superintendent shall purchase books for such 
library, and shall make necessary rules and regulations relative thereto. 
See also A (d), District boards and officers. 

West Virginia: Board of education of any district may purchase books for 
school libraries; not more than $10 may be so expended in any year in any 
district, and books shall be selected from list approved by State superin- 
tendent. The trustees of any subdistrict where there is a library of at least 
200 volumes may, upon petition of at least one-half of taxpayers of sub- 
district, appoint a librarian for time school is not in session, librarian to 
receive $5 per year payable out of building fund. 

Wisconsin: The clerk of the district, or such other person as may be designated 
by voters of district shall be librarian of district library; two or more ad- 
joining districts may, by vote of electors, unite their libraries ; district may 
donate or sell books of district library to town library. Library books of one 
district, by mutual consent of school boards, may be exchanged or loaned for 
library books of another district ; county or district superintendents may ar- 
range such exchanges or loans. Each county treasurer shall annually with- 
hold from apportionment received from school fund, or other income for 
school districts, an amount equal to 10 cents for each person of school age 
residing in towns, villages, and cities of fourth class, said money to be used 
for purchase of library books; county or district superintendent shall an- 
nually provide for expenditure of such money for library books, to be selected 
from list prepared by State superintendent, and distributed to districts in 
proportion to money so withheld from each. The teacher or principal of 
every school under the jurisdiction of a county, district, or city superin- 
tendent of a city of the fourth class shall annually make a report to the 
proper superintendent relative to school library. A school board and directors 
of any free public library may make exchanges and loans of books. Superin- 
tendent of agricultural institutes shall send to town clerks farmers' institute 
bulletins for district-school libraries. The State superintendent, secretary 
of Wisconsin Free Library Commission, and the attorney general shall be a 



784 STATE LAWS RELATING TO PUBLIC EDUCATION. 

committee to secure bids and make contracts for supplying books and periodi- 
cals to schools of the State for library purposes ; list of approved books shall 
be furnished dealers ; each dealer who bids shall deposit $1,000 as evidence of 
good faith; such deposits shall be returned to unsuccessful bidders, and to 
successful bidders when proper bond has been furnished for faithful per- 
formance of terms of contract ; such bond shall be in sum of $10,000. Library 
purchasing officers shall be given notice of contracts made by said committee 
with dealers; any such officer who uses the 10-cent per capita fund to buy 
other than lawfully authorized books, shall be guilty of a misdemeanor. 
State superintendent, secretary of Free Library Commission, and the attorney 
general shall constitute a State committee on the rebinding of library books; 
payment for rebinding such books shall be made from any funds in district 
treasury not otherwise appropriated. The railroad commissioner shall bi- 
ennially publish railroad map of the State, 8,000 copies of which shall be dis- 
tributed among the schools. The common council of every city of second, 
third, or fourth classes, and board of trustees of every village, and board 
of every town may establish, equip, and maintain a public library and read- 
ing room, and levy a tax for same. School districts may expend their own 
funds for school library purposes. 

See also A (b2), State officers; A (d), District boards and officers; A (e). 
School meetings, elections, etc. 
Wyoming: When county commissioners of any county shall receive guarantee 
that a suitable place will be permanently furnished for the protection of a 
public library, they shall levy a tax of not less than one-eighth nor more 
than one-half of a mill on the dollar for the establishment and maintenance 
of a public library at the county seat ; when such place is furnished without 
rent, directors of library may pay for maintenance out of taxes thus col- 
lected. Commissioners shall appoint three directors; term, three years, one 
being appointed each year. Library maintained under this act shall be free 
to all residents of county. 

See also A (f*), Administrative units — districts, etc. 



T. EDUCATION OF SPECIAL CLASSES. 



(a) GeneraL 

Nebraska: See A (bl), State boards. 

North Carolina: Separate schools shall be provided for Indian children 

between 6 and 21 years old residing in Richmond, Sampson, and Robeson 
Counties. General school law shall be applicable as far as practicable. 



T (b) . Deaf and Dumb. 

Alabama: Institution for deaf, located at Talladega. Trustees: Governor, 
State superintendent, and 11 appointed by the governor; 3 appointive mem- 
bers from congressional district where institute is located and 1 each from 
other districts; term, 6 years, about one-third retiring bienniallly. Board 
is a body corporate and shall have entire control of the institute. A majority 
may transact business and meet at their discretion; they shall appoint a 



T (b). SCHOOLS FOR THE DEAF. 785 

secretary and a treasurer; treasurer shall pay out funds on order of prin- 
cipal countersigned by the secretary ; board shall appoint principal who shall 
nominate assistants; board shall fix compensation for officers and teachers. 
Deaf persons residents of the State and between 7 and 21 years old may be 
admitted for a period of 10 years; trustees may allow 4 additional years. 
Board may elect an executive committee of three members. Annual appro- 
priation, $235 per pupil. 

School for negro deaf and blind located at Talladega. Under control of 
trustees of Alabama School for the Deaf; annual appropriation, $230 per 
pupil; laws relating to School for the Deaf applicable to government of 
Negro School for the Deaf and Blind. 

See also T (c), Schools for the blind. 
Arizona: Five thousand dollars is annually appropriated for the education 
of the deaf, dumb, and blind; census marshals shall report deaf, dumb, and 
blind of school age to county superintendent who shall certify the same to 
State board of education ; said board shall provide for the education of those 
whose parents or guardians are unable to educate them; said board shall 
contract with some State having a suitable institution, but not exceeding 
$350 a year shall be paid by Arizona for the education of such child ; deaf or 
dumb person shall, on presentation of a certificate from State board of edu- 
cation, be admitted to the University of Arizona and expenses to the extent 
of $250 a year shall be paid on the order of said board. Said board may pro- 
vide for the education of blind children under school age. 

See also A (bl), State boards; B (b), State school lands; P (c). State 
universities and colleges. 
Arkansas: The Arkansas Deaf Mute Institute is ^established. Board of 
trustees consists of six members appointed by the governor. Trustees shall 
appoint a principal, matron, and other teachers and employees and shall 
have general control of the institution and its property. Mutes admitted 
shall be between 6 and 21 years old, of " fair intellect," and free from any 
contagious disease. An indigent orphan under 6 years old may be admitted. 
Parent or guardian shall provide pupil with clothing and traveling expenses 
to and from school. When clothing and traveling expenses are not other- 
wise provided, or where pupil is indigent, the superintendent or principal 
shall -make such provision' and the same shall be charged to the county of 
pupil's residence. 

See also A (bl). State boards. 
California: California Institution for the Deaf and Blind shall be under 
control of board consisting of five members appointed by governor, with con- 
sent of senate; term, four years. Powers and duties of hoard: To make by- 
laws; elect and fix compensation of officers, teachers, and other employees; 
meet once every three months; make reports to governor. The principal 
teacher shall have had not less than three years of experience in teaching 
the deaf, dumb, or blind; salary shall not exceed $3,000 per year; he shall 
execute bond in sum of $5,000. Treasurer shall execute bond in sum of 
$10,000; shall receive salary not to exceed $1,200 per year. Object of in- 
stitution shall be education of deaf and blind who can not be taught in 
public schools; every deaf, dumb, or blind person, resident of State, of suit- 
able age and capacity shall be educated therein free of charge ; nonresidents 
may be admitted upon payment of $85 quarterly; indigent pupils shall be 
clothed free of charge, but other pupils must furnish clothing. 

See also A (d), District boards and officers; B (e), State aid for ele- 
mentary education; H (f). Compulsory attendance; L (a), Course of study. 
3966°— 15 50 



786 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Colorado: The Colorado School for the Deaf and Blind shall he maintained 
at Colorado Springs and shall be a body corporate. The board of trustees 
shall consist of five members appointed by the governor ; board shall appoint 
a superintendent who, with approval of board, shall appoint instructors and 
other employees. Every blind, deaf, and mute person in the State who is 
over 6 and under 21 years old shall be admitted to said school free) of 
charge; adults may be admitted as board determines; residents of other 
States may be admitted on payment of a sum fixed by trustees. Each county 
superintendent shall report blind and deaf persons of suitable age to the 
superintendent of the school. Where deaf or blind person is too poor to 
furnish himself with clothing and pay transportation to tlie school the 
county of his residence shall pay the same. The State board of education 
shall employ, at a salary of $1,000 a year, a State teacher for the adult 
blind, whose duty it shall be to provide instruction for the adult blind at 
their homes. 

See also A (c2), County officers. 

Connecticut: The governor may appoint, for a period of not more than 12 
years, any deaf minor person residing in the State as a pupil in any institu- 
tion in the State for the education of the deaf ; he may, on the recommenda- 
tion of principal or superintendent of such school, extend the term of said 
minor six years; he may contract with such institutions for such schooling; 
expense of such pupil shall be borne by the State, except where pupil or 
parent or guardian pays tlie same. 

Delaware: For the fiscal year ending in January, 1915, an appropriation of 
$12,000 was made " for the maintenance and instruction of the indigent deaf 
and dumb, indigent blind, and indigent idiotic children " in institutions out- 
side of the State. 

Florida: See P (a), Higher institutions, general. 

Georgia: The Georgia School for the Deaf is located at Cave Spring and 
shall be under the control of seven trustees appointed by governor, with con- 
sent of the senate. Trustees shall elect a principal, who shall nominate 
subordinate officers and other employees, subject to approval of trustees. 
Governor may appoint for said institution a board of visitors, to consist of 
such a number as he thinks best. Trustees shall elect a secretary and a 
treasurer. Trustees shall report annually to governor. All persons in the 
State between 7 and 25 years old who are too deaf to receive instruction in 
common schools and who are otherwise fit shall be entitled to instruction in 
said school for the deaf free of cost, but no pupil shall be allowed to remain 
more than 12 terms. In case parent or guardian is unable to supply clothing, 
the same shall be furnished free by institution ; all shoes shall be furnished 
free from shop of school. Day pupils may be admitted, board outside of 
school being paid by parent or guardian. 

Idaho : A State school for deaf and blind shall be established. State board of 
education shall control; such board shall elect a superintendent and neces- 
sary instructors and other employees, and shall provide for examination of 
applicants for admission. All children too deaf or blind to be instructed in 
public schools and between 6 and 21 years old shall be deemed deaf and 
blind. Census marshal shall ascertain deaf and blind children and report 
to county superintendent. 

See also A (bl), State boards. 

Illinois: State institutions for the education of the deaf and the blind are 
established at Jacksonville. 

Boards of education and school directors may establish and maintain 
classes and schools for deaf and dumb and blind children, Teachers shall 



T (b). SCHOOLS FOR THE DEAF. 787 

hold certificates of qualification for teaching in such schools as required by- 
law. Classes for deaf children shall be for those between 3 and 21 years 
old. State shall pay the excess cost per pupil in such classes over cost of 
instruction of normal pupils. 

Indiana : The board of trustees of the Indiana School for the Deaf shall consist 
of four members appointed by the governor; term, four years, one being ap- 
pointed each year ; compensation, $300 each per annum, and expenses not to 
exceed $125. Board shall appoint a superintendent, who, with the approval 
of the board, shall appoint necessary subordinates ; board shall also appoint 
a medical superintendent Instruction shall be free to residents of the 
State ; clothing shall be furnished at public expense in extreme cases. 
See also H (f). Compulsory attendance. 

Iowa: The State School for the Deaf shall be under the control and manage- 
ment of the board of control of State institutions. Every resident of the 
State over 5 and under 21 years old who is too deaf to acquire an education 
in the common schools and every resident between 21 and 35 years old who 
has the consent of the board of control of State institutions may receive an 
education at said school at the expense of the State; nonresidents similarly 
situated may be educated therein on payment of $66 quarterly in advance. 
County superintendent shall annually report to the superintendent of said 
school the name, age, and post-office address of each deaf person in his 
county between 5 and 35 years old. Superintendent of said school shall 
biennially report to the governor. When pupils are not supplied with cloth- 
ing or transportation, the superintendent shall pay the same and it shall be 
charged to the county of the pupil's residence ; the supervisors of said county 
may proceed to collect the same from parent or guardian. Deaf persons be- 
tween 12 and 19 years old, when mentally and physically fitted and when 
not receiving efficient instruction elsewhere, shall attend the school for the 
deaf. 

See also A (c2). County officers. 

Kansas: A State institution for the education of the deaf is established at 
Olathe; governed by State board of administration. Trustees shall appoint 
a superintendent and necessary teachers and assistants ; they shall also ap- 
point a steward and a matron. 

See also A (bl). State boards; H (f). Compulsory attendance. 

Kentucky: Kentucky School for the Deaf shall be under control of board of 
commissioners consisting of 12 members appointed by governor, with advice 
and consent of senate, four appointed every two years, to serve six years. 
Board shall be body corporate; may receive property for benefit of said 
school ; shall keep record of business, open to inspection of legislature or gov- 
ernor ; shall make annual report to governor, to be laid before legislature ;* 
may appoint and fix salaries of a superintendent, teachers, and other em- 
ployees. Said board shall have charge of school for the colored deaf and 
dumb. Schools for white and colored persons shall be separate. Indigent 
children shall be maintained and educated gratuitously. Such children may 
be apportioned among the several counties according to their representation. 
Pupils may be received from other States, provided cost of maintenance is 
defrayed. Indigent pupils may be maintained in school by State for period 
of five years; $150 appropriated annually for each indigent pupil. All deaf 
and dumb children of suitable age, character, and capacity resident in State 
shall be received in said school. Children received under age of 13 years 
may remain as beneficiaries until 21 years old. Parents, guardians, or custo- 
dians shall, when able, pay expenses of children in said school. 
See also A (b2). State officers. 



788 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Lonisiana: Louisiana State School for the Deaf shall be under control of 
board of trustees consisting of governor, ex officio, and seven persons ap- 
pointed by governor, by and with advice and consent of the senate ; appointed 
in groups of two, two, and three, one group each year, to serve four years. 
Board shall be a body corporate; shall meet once every four months. Said 
board shall receive, instruct, and support in said school all persons deaf and 
dumb or of such defective speech or hearing as not to be able to acquire an 
education in ordinary schools between ages of 8 and 22 years, of sound mind 
and proper health of body, and residents of State. Such persons shall re- 
ceive instruction, board, lodging, medicine, and medical attendance at ex- 
pense of institution, and in cases of indigency shall be furnished clothing 
and traveling expenses. Persons admitted under 14 years old may continue 
in institution 10 years ; if over 14 years and under 17 years, 8 years ; if over 
17 years, 5 years. Board may in any case extend term two years. Instruc- 
tion shall be in practical subjects. 
See also A (b2). State officers. 

Maine: The Maine School for the Deaf is located at Portland. Five trustees 
appointed by governor with consent of council, one being appointed each 
year. They shall have charge of general interests of school, appoint in- 
structors, etc. With consent of parent or guardian, trustees may admit for 
not exceeding 12 years any deaf or dumb child in the State over 5 years old. 
Support and instruction of such child shall be paid for by State. 

Maryland: It shall be the duty of county commissioners of counties and of the 
mayor and city council of Baltimore on application from proper parties to 
inquire into the age and capacity and financial ability of any deaf and 
dumb person. If satisfied with their mental capacity and their financial in- 
ability, to certify same to governor. He shall authorize their instruction in 
the Maryland Institute for the Deaf and Dumb at Frederick for not more 
than seven years, to cost not more than $200 per year. Necessary expenses 
in traveling to be paid by State. Total funds to be so used not to exceed 
$7,500 in any one year. Applications to be considered in order made. Sum 
of $21,000 annually appropriated for education of blind at Maryland School 
for the Blind. For the indigent who " are of good natural capacity " amount 
paid for any one individual not to exceed $300 per annum. Governor shall 
report on those thus instructed. Directors of Maryland schooL authorized to 
apply part of their funds to establish workshops and open store for sale 
of articles manufactured by the blind. 

Governor shall appoint five persons, to be known as Commission for Im- 
proving Condition of Adult Blind in the State of Maryland (1906). Duties: 
To secure list of all blind in State; make record of names, ages, financial 

- condition, capacity for educational and industrial training, and file report. 
Commission may aid worthy adult blind, furnish them tools to the value of 
$50, and place blind women in homes. There shall be maintained in Balti- 
more a workshop for the blind under board of five trustees, two of whom 
shall be elected by Maryland School for the Blind; term, two years. Said 
trustees shall be a body corporate, with corporate powers, under name of 
Maryland Workshop for the Blind. Workshop shall be open for labor and 
manufactures of all blind citizens of Maryland over 18. Annual appropria- 
tion fixed at $33,000. Amount to be expended per pupil increased from $800 
to $350 (1912). 

See also H (f), Compulsory attendance; J (b), Medical inspection. 



T (b). SCHOOLS FOK THE DEAF. 789 

Massachusetts: See A (bl), State boards; T (c), Schools for the blind. 

Michigan: A State school for the deaf is located at Flint. Board of trustees 
shall consist of three members appointed by the governor ; term, six years, one 
being appointed every two years. Board shall appoint a superintendent who 
shall nominate for board's action all necessary subordinate oflacers. There 
shall be admitted to such school all such deaf and partially deaf persons 
between 7 and 21 years old as are unable to receive instruction in the common 
schools and are in suitable condition, if such persons are residents of the 
State, without charge for tuition, board, lodging, washing, medicine, or 
medical attendance; trustees may admit persons under 7 or over 21 years 
old; persons from other States may be admitted on payment of expenses; 
pupils may not remain longer than 13 years. Clothing and other articles 
necessary for attendance, not to exceed $40 each annually in value, may be 
furnished indigent pupils and cost thereof shall be charged to county to which 
pupil belongs. 

The State superintendent may grant permission to school board to establish 
and maintain one or more day schools having an average attendance of not 
less than three for the instruction of deaf persons over the age of 3 years. 
The school board of such city or district shall include in its estimates a sum 
sufficient to maintain said school and the State shall reimburse the district 
the actual expense of teachers' salaries and cost of appliances, but not to 
exceed the rate of $150 annually for each pupil for nine months of schooling. 
Teachers shall be employed as other teachers are employed, but shall be 
graduates of a training school for teachers of the deaf by the " oral " method ; 
the oral method shall be employed. 

See also H (f), Compulsory attendance. 

Minnesota: Board shall consist of governor and State superintendent ex 
officio and five members appointed by governor for a term of five years, and 
the same shall be known as the Board of Directors of the Minnesota Schools 
for the Deaf and Blind ; said board shall annually elect from its members a 
president and secretary; shall hold monthly meetings; three members, a 
quorum. Board shall prescribe rules for admission and government of pupils 
and all things for education and training of pupils ; teach trades and manual 
industries most conducive to training for self-support ; appoint superintendent 
and subordinates for each school. Pupils shall be provided by persons legally 
liable for their support with sufficient funds to furnish them clothing, postage, 
and transportation ; in case child is indigent and judge of probate of county in 
which child resides so certifies, such county shall pay an amount not exceed- 
ing $40 per year for clothing, postage, and transportation of such child. Any 
resident of the State graduated from the school for the blind shall be entitled 
to pursue any work desired in the State university, free of tuition charges. 
Board may receive bequests for school and place same in State treasury to 
credit of same. The superintendent of each school shall make a report to 
board and board shall biennially make report to governor. 

Every person in authority over any child between 8 and 20 years old too 
deaf to be benefited by instruction in public schools shall send such child to 
the School for the Deaf. 

Mississippi: Institution heretofore established for instruction of deaf and 
dumb shall continue to exist as the Institute for the Deaf and Dumb, with 
power to hold property, to enjoy all rights and privileges conferred on it and 
which are necessary to accomplish its purposes; every section in the law on 



790 STATE LAWS EELATING TO PUBLIC EDUCATION. 

the Institute for the Blind, beginning with that on government, shall apply to 
the institution for the deaf and dumb. Report of commission on sale of old 
site and buildings and erection of new buildings accepted. 
See also T (c), Schools for the blind. 

Missouri: The Missouri School for the Deaf shall be under the control of a 
board of five managers; said board shall elect a superintendent, steward, 
matron, teachers, and other necessary employees. All deaf persons, residents 
of the State and between 8 and 21 years old, who are capable of receiving 
instruction in said school shall be admitted thereto. Instruction shall be 
given in trades and for the practical duties of life. Deaf persons shall be 
permitted to attend for a period of 12 years, but may be sooner discharged. 
County shall pay for clothing and traveling expenses of pupils resident thereof 
when pupil or parent or guardian is unable to pay for the same or when the 
same is not otherwise provided. 

See also A (d), District boards and officers. 

Montana: See A (bl), State boards. 

Nebraska: Purpose of the institutions for the deaf and blind shall be the 
physical, moral, and intellectual culture and training of the respective classes 
for whose benefit each institution was created, to the end that pupils may 
be returned to society capable of becoming self-sustaining and useful citizens ; 
board may grant certificates of character and proficiency to those who com- 
plete courses of instruction and training. Each county superintendent shall 
annually report to the respective institutes those persons in his county who 
between 6 and 21 years old are deaf and dumb or blind. All blind persons 
and those blind to such an extent that they can not acquire an education in 
the common schools, and who are of suitable age, capacity, and character, 
shall be entitled to an education in the Institution for the Blind without 
charge; likewise, deaf and dumb persons may be educated in the Institute 
for the Deaf and Dumb without charge. Parents or guardians of inmates 
of such schools shall furnish clothing, pay transportation, and support them 
during vacation; the said expenses for indigent children shall be paid from 
the county general funds of counties where such children are residents; 
board may admit nonresidents of State to said institutions. In the institute 
for the deaf, children shall be taught by the oral, aural, and lip-reading 
method unless incapacitated by mental or physical defects. Institutes for 
deaf and dumb and blind shall be under control of board of commissioners 
of State institutions. 

See also A (bl). State boards; A (c2), County officers; H (f), Compulsory 
attendance. 

Nevada: The State superintendent of public instruction is authorized to make 
arrangements with the directors of any institutions for the deaf and dumb 
and blind in the State of California, or in the State of Utah, for the admis- 
sion, support, education, and care of the deaf and dumb and blind of this 
State, and may make needful contract and agreements to carry out pro- 
visions of this act; upon the application of anyone in authority over any 
child, blind or deaf and dumb, to the county commissioners of any county 
to the effect that such child is disqualified from being taught by the ordinary 
process of instruction, and that such person in authority over said child is 
unable to properly support and educate said child, the said county commis- 
sioners shall make application to the State superintendent, who shall issue 
a certificate to such child; said certificate shall admit such child to any of 



a? (b). SCHOOLS FOR THE DEAF. 791 

aforesaid institutions; all deaf and dumb or blind persons over 21 years old, 
seeking admission to the aforesaid institutions, shall have been bona fide 
citizens of Nevada for the five years preceding such application. 

New Hampshire: (State makes annual appropriations for support and train- 
ing of indigent deaf and dumb children in several State institutions). 
See also U (e), Schools for dependents and delinquents. 

New Jersey: The New Jersey School for the Deaf shall be under control of 
the State board of education; tuition shall be free. Duties of said 'board rela- 
tive to said school: To have care and control of property; to appoint and fix 
salaries of a superintendent, teachers, and other employees; purchase text- 
books and supplies; make rules for said school. Improvements, additions, 
and repairs to buildings of said school and furnishing thereof shall be by 
contract; all supplies shall be purchased on competitive basis, contracts to 
be let to lowest responsible bidders. Deaf persons of suitable age and 
capacity, residents of the State and not over 21 years old, shall be received 
in said school for period not exceeding 14 years ; if more persons shall apply 
for admission than can be received, number received shall be apportioned 
among counties in proportion to number of such persons in said counties. 
Application for admission shall be made by a parent, guardian, or friend of 
such deaf person, and shall be accompanied by a certificate of the proper 
officer stating required facts concerning such deaf person; parent or guar- 
dian shall, when able, pay for maintenance of such deaf person at said 
school. State board shall appoint and fix salary of treasurer of said school. 
An annual sum, not exceeding $300 for each pupil, is appropriated for the 
instruction and maintenance of indigent deaf and dumb, blind, and feeble- 
minded persons resident of the State, said appropriation to be applied under 
direction of the governor; application of any such person for admission to 
any institution must be accompanied by the certificate of two reputable 
citizens, stating required facts relative to such person, and such certificate 
must be approved by judge of court of common pleas of the county ; tenn of 
instruction of any such person shall be for three years, but may be extended 
to period not exceeding in all eight years; principals of institutions caring 
for such persons shall make annual reports to governor relative to such 
persons. Any deaf and dumb, blind, or feeble-minded persons, of suitable 
age and capacity for instruction, may be entitled to benefits of this act. 
Custodians of such persons shall, when able, pay part of expenses of such 
persons. The right of custodians to remove such persons from institutions 
shall be waived, but governor may discharge such persons and principal of 
institution may grant leaves of absence ; such persons may also be paroled. 

See also A (bl), State boards; H (a), School population and attendance, 
general. 

New Mexico: The Asylum for the Deaf and Dumb shall be under the control 
of a board of regents consisting of five members appointed by the governor, 
by and with the advice of the senate ; term, four years ; not more than three 
regents shall belong to the same political party at the time of appointment. 
Duties of hoard: To elect as its officers a president and a secretary; make 
rules and regulations for control of said institution ; appoint superintendent, 
teachers, and other employees of said institution, and fix their salaries; 
make biennial reports to governor and legislature. Said board shall receive 
expenses incident to board meetings. Said institutions shall be devoted ex- 
clusively to the care and instruction of deaf and mute persons of both 
sexes between the ages of 8 and 21 years; instruction shall be free, but 



792 STATE LAWS RELATING TO PUBLIC EDUCATION. 

deaf or mute children from other States and Indian children may be re- 
ceived into said institution under rules of board of regents. The clerks of 
the several school districts shall report to their respective county superin- 
tendents the names of deaf and mute children, together with all necessary 
facts concerning such children, and the names and addresses of parents of 
such children ; said county superintendents shall report the same to the 
superintendent of said asylum. In cases of indigency, deaf and mute 
children shall be cared for in said institution free of charge. Lands donated 
to said institution may be used by board in making permanent improvements ; 
said board shall insure property of institution for three-fourths its esti- 
mated value. 
New York: All institutions for the instruction of the deaf and dumb and the 
blind, and other similar incorporated institutions, shall be subject to visita- 
tion of commissioner of education, and it shall be his duty to inquire into 
organization of and instruction in such schools; prescribe course of study; 
make appointments and transfers of pupils; appoint visitors; suggest im- 
provements ; make annual report to legislature. All deaf and dumb persons 
residents of State for one year preceding and upward of 12 years of age, 
or any minor whose parent, guardian, or custodian shall have been a resi- 
dent for such time, may be appointed as State pupils in one of deaf and 
dumb institutions of the State. All blind persons of suitable age may be 
appointed to institutions for the blind in the city of New York if residents 
of certain specified counties, or such institution in the village of Batavia 
if residents of other counties. Blind babies and children, except in city 
of New York, 12 years old or less, possessing proper qualifications, may be 
appointed State pupils in institutions maintained by the International Sun- 
shine Society, Brooklyn Home for the Blind, Crippled, and Defective 
Children, and the Catholic Institute for the Blind ; such children may, when 
of proper age, be transferred to the institution for the blind in city of New 
York or village of Batavia by commissioner of education ; persons in parental 
relation shall, when able, pay part or whole of expenses of such children. 
Board, lodging, and tuition of State pupils received into aforesaid schools 
shall be paid by the State; term of instruction of such pupils shall be five 
years, but said commissioner may extend such term for period not exceeding 
three years; State pupils under 12 years old shall be supported at a proper 
institution at rate of $1 per day, and for a term determined by said com- 
missioner. The supervisors of counties from which State pupils shall be 
sent to any institution for the instruction of the deaf and dumb or New 
York institution for the blind shall, when parents or guardians are indigent, 
raise and appropriate $30 per year for clothing for each such pupil. The 
supervisors of counties sending pauper children to said institution for the 
blind shall raise, appropriate, and pay to State comptroller, toward expense 
of instructing and clothing such children, a sum equal to that paid by 
counties for support of such children at home; this provision shall not 
apply to certain specified counties. The supervisors, or like officers, of 
counties of New York, Kings, Queens, Nassau, and Suffolk, from which State 
pupils are sent to New York institution for the blind, shall, if pupils are. 
indigent, levy and pay to such institution $50 annually for clothing for 
each such pupil. Whenever a blind or deaf person, who is a citizen of the 
State and a student at a college, university, technical, or professional school, 
other than a specified school for the blind or deaf, shall be designated by 
trustees thereof as deserving such aid, the State shall pay to such person 
annually sum of $300 for employing readers or other persons to aid in in- 



T(b). SCHOOLS FOR THE DEAF. 793 

struction; such moneys shall be paid only to those students who are can- 
didates for a degree. Indigent deaf-mute children over 5 and under 12 
years old, who are charges of any town or county of the State, or shall he 
liable to become charges, shall be supported and instructed at a proper 
institution in the State by the county at a cost not to exceed $325 each per 
year ; said children shall remain in such institution until 12 years old, unless 
found to be unfit subjects. At the age of 12 such children shall become 
State pupils. 
North Carolina: A school for the education of white deaf children is estab- 
lished at Morganton. Board of directors appointed by the governor ; term, six 
years. Board shall receive into such school all suitable white deaf mutes 
residing in the State and between 8 and 23 years old. Instruction shall be 
given in subjects required for public schools and in such other subjects as 
may be of special benefit to the deaf and in manual arts. 

A school for the education of the blind and deaf is established at Raleigh ; 
governor shall appoint board of 11 directors, who shall hold oflQce for six 
years. Directors shall appoint a principal for term of three years, a physician 
for two years, and such other officers and teachers as are necessary, and shall 
otherwise have administration of institution; they shall receive no com- 
pensation except traveling expenses while at their official duties. Board 
shall receive into such school all suitable white blind children who are 
between 7 and 21 years old and reside in the State; persons from other 
States may be admitted on terms deemed proper. Board may confer degrees. 
State treasurer shall be treasurer of institution. Board shall report bien- 
nially to governor. Board may remove officers for cause. Governor may 
allow to indigent child not exceeding $25 for clothing and traveling expenses 
to and from the institution, but tax shall be levied in county of child's 
residence to repay such sum. 

Every deaf child of sound mind between 8 and 15 years old must attend 
a school for the deaf at least five terms of nine months each; misdemeanor 
for parent, guardian, or custodian not to send such child to school as required. 

See also A (c2). County officers; A (d). District boards and officers. 
North Dakota: The school for the deaf and dumb is located at Devils Lake. 
Board of trustees shall consist of five members appointed by the governor 
with the consent of the senate ; term, four years. Each member shall receive 
$3 per day and 5 cents per mile traveled when attending meetings. Board 
shall have general control of the institution and the property thereof and 
shall appoint all employees and fix their compensation. Deaf children not 
residents of the State may be admitted on payment of $180 per annum ; deaf 
residents of the State who are of suitable age shall receive instruction in 
such school at the expense of the State. Clothing shall be furnished to 
pupils and shall be paid for by parent or guardian, or by pupil himself if 
over 21 years old, but when cost thereof is oppressive to parent or guardian 
the county of pupil's residence shall pay the same. Indigent children shall 
be transported to such school at the expense of the county. Board shall 
report biennially to the governor. 

See also A (d), District boards and officers; H (f), Compulsory attendance; 
P (b), Finance, lands, support of higher institutions. 
Ohio: State school for deaf shall be open to persons too deaf to be educated 
in public schools ; no person shall be received under age of 7 years or remain 
longer than 13 years ; no person of immoral habits or who has a contagious 
or offensive disease shall be received; children both blind and deaf may be 
received. Certain suitable trades shall be taught in addition to customary 



794 STATE LAWS RELATING TO PUBLIC EDUCATIOIsr. 

instruction. As far as practicable tlae bookbinding of the State shall be done 
at such institution. Compensation of principal shall be fixed by trustees. 
Maximum salary limit of employees fixed by law. 

Upon application by a school board of any district to the State superin- 
tendent he shall grant permission to such board to establish and maintain 
one or more day schools at an average attendance of not less than three 
pupils for instruction of deaf persons over age of 3, blind persons over age 
of 4, and of crippled persons over age of 5 ; the board shall report annually 
on such schools to the State superintendent ; the board shall annually certify 
to State auditor the number of children receiving instruction in such schools, 
and said board shall receive from the State $150 for each deaf or crippled 
child so instructed for nine months and $200 for each blind child so in- 
structed; the board shall receive proportionate parts of preceding amounts 
for such children instructed less than nine months ; teachers for such schools 
shall have the usual qualifications required of teachers and, in addition, 
special training for such work ; the " oral " system shall be taught in schools 
for the deaf, but if such system shall prove ineffective after nine months' trial 
the " manual " method may be used for such child. Children who are too 
deaf, blind, or crippled to profit by instruction in the public schools as other 
children shall be compelled to attend special schools established and main- 
tained for them. The State superintendent shall select an inspector for such 
special schocls; said inspector shall make annual report to State superin- 
tendent. 

See also A (f). Administrative units — districts, etc.; H (b), School census. 
Oklahoma: Oklahoma School for the Deaf is hereby located at Sulphur, and 
shall be under control of State board of education. All deaf residents of 
State and those deaf and dumb to such an extent that they can not be edur 
cated in common schools, of suitable age and character, shall be admitted to 
said school without charge. Any person in control of any deaf person between 
ages of 7 and 21 years shall send such person to a suitable school for the deaf 
or furnish private instruction to such person. Purpose of said school shall be 
the physical, moral, and intellectual culture and training of the deaf. Chief 
executive officer shall be a superintendent ; said, superintendent shall be an ex- 
perienced educator of deaf, shall give bond in sum of $5,000, and shall pre- 
scribe courses of study and rules and regulations relative to officers, teachers, 
pupils, and employees, subject to approval of the board. Superintendent 
shall make biennial report to board. Parents or guardians shall furnish 
transportation, clothing, and incidental expenses for children at said school ; 
in cases of indigency, such items shall be paid by the county commissioners 
out of poor and insane fund of county. Nonresident students may be admitted 
upon conditions prescribed by State board. 

See also A (bl), State boards; U (e). Schools for dependents and delin- 
quents. 
Oregon: The school for deaf mutes is established at Salem. Board of 
trustees shall consist of governor, secretary of state, and superintendent of 
public instruction. Board shall provide sufficient laud and buildings; it 
shall have the exclusive government of the school and shall make rules and 
regulations therefor; it may provide equipment, furniture, etc., and make 
necessary contracts; it shall provide for the employment of a superintendent, 
teachers, and officers and other employees, and fix their salaries ; it shall fix 
the limit of age of admission to such school; it shall prescribe terms undeT 
which pupils from other States may be admitted. Superintendent and other 
employees shall be elected annually. Superintendent shall give bond and. 



T (b). SCHOOLS FOR THE DEAF. 795 

under trustees, shall have control of property; he shall report biennially to 
the trustees. Board shall hold meetings once a month and special meetings 
may be held; majority a quorum; at least once in every six months board 
shall inspect institution. Clerks of school districts shall report to county 
superintendent names, ages, and addresses of all deaf or blind children be- 
tween 6 and 14 years old, together with names of parents; county superin- 
tendents shall report such children to the superintendent of the school for 
the deaf or for the blind, as the case requires. Actual and necessary traveling 
expenses and clothing shall be furnished indigent pupils by counties wherein 
they reside. 

See also A (c2), County olficers; A (d), District boards and officers; A (f). 
Administrative units — districts, etc.; H (f), Compulsory attendance. 

Pennsylvania: No deaf and dumb pupil under tCe age of 10 or over the age 
of 21 years shall be educated at the expense of the State ; no deaf and dumb 
pupil shall be educated at expense of the State for more than six years ; num- 
ber of such pupils shall be apportioned among the various counties equitably. 
The board of school directors of any district having a population of more 
than 20,000 and containing 8 or more deaf-mute children of school age, 
may open and maintain a special school for the education of said children. 
(The State appropriates sufficient funds for the education and maintenance 
of not more than 510 deaf children at the Pennsylvania Institution for the 
Deaf and Dumb; to the Western Pennsylvania Institution for the Instruction 
of the Deaf and Dumb, for 240 pupils at an annual rate of $300 per pupil ; to 
the Home for the Training in Speech of Deaf Children, 60 pupils at annual 
rate of $390 per pupil ; to the Pennsylvania Oral School for the Deaf, $60,000 
for 100 pupils through two years.) The governor shall appoint five trustees 
to control the Home for the Training in Speech of Deaf Children, one ap- 
pointed each year, term five years; annual report shall be made by said trus- 
tees to the auditor general ; all deaf and dumb pupils under 16 years old shall 
be taught by the oral method, unless such children are physically incapacitated 
for such method of instruction. 

See also A (d). District boards and officers; H (f), Compulsory attendance. 

Rhode Island: The governor, lieutenant governor, and nine citizens of State, 
three of whom shall be women, appointed by governor, with the advice and 
consent of the senate, shall constitute board of trustees for the Rhode Island 
Institute for the Deaf; appointive members shall be divided into three 
classes, one class appointed every two years, term six years; members shaU 
receive no compensation for such services. Deaf persons between ages of 3 
and 20 years, of sufficient capacity for instruction, who are legal residents of 
State, may be admitted to said institute without charge; residents of other 
States may be admitted upon payment of board and tuition. Primary object 
shall be to furnish oral instruction, and facilities for enjoyment of benefits of 
free public education. Trustees shall appoint a principal and fix his salary, 
and, together with such principal, shall appoint and fix compensation of 
other employees of said institute; said trustees shall make an annual report 
to legislature. Every person having control of a deaf child between ages of 
7 and 18 years shall cause such child to attend said institute for full time; 
failing so to do, he shall be fined not exceeding $20, but private instruction 
shall exempt child from such attendance, and no such child shall be taken 
from custody of parent or guardian except as a day pupil unless parent or 
guardian is unfit for such custody. Upon finishing a prescribed course, stu- 
dent shall receive certificate from said institute. 



796 STATE LAWS EELATIITG TO PUBLIC EDUCATION. 

The governor, on recommendation of State board of education and upon 
application of the parent or guardian of any deaf, blind, or imbecile child, 
resident of the State, may appoint such child a State beneficiary at a suitable 
institution, Avithin limit of 10 years, but such period may be extended, and any 
appointment may be revoked for good cause. State board shall annually 
make report to legislature relative to education of such children ; said board 
may expend annually for each such child a sum not exceeding $20 for clothing. 
State board may provide for the suitable care, maintenance, and instruction 
of indigent babies and children under school age, residing in the State, who 
may be born blind or become blind ; said board shall oecure consent of parents 
or parent in such cases. 

See also A (bl), State boards. 

South Carolina: The board of commissioners of the South Carolina Institu- 
tion for the Education of the Deaf, Dumb, and Blind shall consist of the su- 
perintendent of education ex officio and four other members appointed by the 
governor ; term of appointive members eight years, one being appointed every 
two years; compensation, actual expenses when attending meetings. Board 
shall have control of affairs and government of the institution with power 
to regulate salaries of officers and teachers, to establish conditions of admis- 
sion, and to prescribe rules and regulations. The superintendent shall be 
elected by the board and shall be the immediate executive head of the institu- 
tion ; he shall nominate subordinate officers and teachers. Board shall receive 
and disburse appropriations for the institution by the legislature; it shall 
report annually to the legislature. All deaf mutes and blind persons of the 
State who are of proper age shall be admitted. The whole or part of the 
expenses of any applicant shall be paid, according as the board may deter- 
mine; expenses of one person shall not exceed $150 annually, not including 
traveling expenses, clothing, and medical attendance. On recommendation of 
faculty, the board shall provide $150 annually for the higher education of any 
graduate of said institution, said instruction to be received in a chartered 
college of the State. 

South Dakota: On complaint to the county judge that any deaf or blind child 
of proper age is being deprived of proper education, said judge shall investi- 
gate the case and on finding the complaint to be true shall, after considering 
the welfare of the child and its parent or guardian, order it to be sent to 
some public or private school for the deaf or blind, as the case requires ; if 
parents, guardian, or custodian are able to pay for the transportation of 
child to such institution, county judge shall order said parents, guardian, or 
custodian to pay the same, otherwise the same shall be paid from the poor 
fund of the county. Each county superintendent or city superintendent shall 
report to the superintendent of the school for the blind at Gary the names of 
all blind children of proper age in his county or city, and shall report the 
names of deaf children to the superintendent of the school for the deaf at 
Sioux Falls. Whenever any county superintendent shall learn that any 
blind or partially blind person between 6 and 30 years old is not receiving 
proper education and has not received the same, he shall notify the parents, 
guardian, or custodian of such person to send such person to the school for 
the blind at Sioux Falls, and if notice is not complied with within 10 days 
superintendent shall make complaint to county judge, who shall make neces- 
sary order in the matter. Blind or partially blind persons between 6 and 30 
years old who are incapable of receiving proper instruction in the public 
schools shall be entitled to instruction and care in the school for the blind 
for at least 10 years at the expense of the State ; blind pupils under 6 years 



T (b), SCHOOLS FOE THE DEAF. 797 

or over 30 years old may be received; like pupils from without the State may 
be received on payment for bo-ird, tuition, and care. Capable pupils quali- 
fied to receive advanced instruction preparatory to entering college may re- 
ceive three years of additional training to give such preparation to enter col- 
lege. Person sending blind child to school for the blind shall deposit with 
superintendent a sum sufficient to purchase a return ticket to child's home and 
$10 in addition ; if parent, guardian, or custodian is unable to make such de- 
posit county commissioners of county where child resides shall make the 
same. 

The State school for deaf mutes at Sioux Falls shall be under the control 
of the State board of charities and corrections. Duties of said board: To 
care for the property belonging to the school ; employ superintendent, matron, 
and other employees, and fix their duties and compensation ; prescribe charges 
for board, tuition, and care of pupils from without the State; apply all 
funds and property for the use and benefit of the school ; report biennially to 
the governor; fix the period of the academic year, which shall not be less 
than 40 weeks. All deaf and dumb residents of the State between 6 and 21 
years old who are capable of receiving instruction and are free from con- 
tagious or chronic diseases shall be received free of charge. 

Tennessee: The institution for the instruction of the deaf and dumb, located 
in the city of Knoxville is continued a body corporate by the name of the 
Tennessee Deaf and Dumb School. The present trustees and their suc- 
cessors, to be appointed by themselves subject to confirmation by the legisla- 
ture, shall constitute the board of trustees. Each senatorial district shall 
be entitled to send to said school two pupils free of charge; such pupils 
shall be chosen by the senator and representative, but preference shall be 
given to persons unable to pay expenses. Terms of admission for colored 
pupils, who shall be given separate accommodations, shall be the same as 
those for white pupils. 

Texas: The deaf and dumb asylum shall be under the control of a board of 
six trustees appointed by the governor; term, six years, two being appointed 
every two years. Superintendent shall make such provision as he may 
deem necessary for the maintenance, care, and education of all children of 
the State who are deaf and dumb. Certain pupils at the deaf and dumb 
asylum, to be designated by the superintendent and trustees, shall be taught 
the art of printing. 

The deaf, dumb, and blind asylum for colored youth is established and is 
under the control of a board of six trustees appointed by the governor; 
term, six years, two being appointed every two years. Board shall appoint a 
superintendent and other necessary officers. Rules for admission, govern- 
ment, etc., shall conform as nearly as practicable with those for white 
institutions. 

Utah: The State school for the deaf shall be under control of a board of 
trustees consisting of the attorney general and five residents of the State, 
not more than three of whom shall belong to same political party; said 
school shall be deemed a public corporation; each appointive trustee shall 
file bond in sum of $3,000. Purposes of said school shall be to provide a 
practical education for the deaf, the mute, and the deaf mute of the State 
who are of sound mind and body, under 30 years of age, capable of receiv- 
ing instruction, but who are incapacitated for instruction in the common 
schools; training shall also be given in the trades. Residents shall be 
received free of charge ; nonresidents may be received on such terms as said 
board may prescribe, Said board shall meet four times each year; trustees 



798 STATE LAWS EELATING TO PUBLIC EDUCATION. 

shall receive no compensation, but shall be allowed oflScial expenses. Powers 
of hoard: To adopt by-laws; make rules for management of school; appoint 
a superintendent; appoint a secretary of the school, who may be a member 
of the board; appoint a treasurer, not to be a member of the board. Said 
superintendent must be a competent expert educator of the deaf and dumb ; 
he may, subject to approval of board, appoint instructors and other employees. 
Clothing and transportation of indigent pupils shall be furnished by counties 
of their residence. Every parent, guardian, or custodian of any deaf, mute, 
or blind child between ages of 8 and 18 years unable to be educated in com- 
mon schools shall cause such child to attend State school for deaf or State 
school for blind for at least six months each year, unless such child shall 
receive equivalent instruction elsewhere or is mentally or physically unable 
to so attend. 

See also A (c2), County officers. 

Vermont: The governor shall be, by virtue of his office, commissioner of the 
deaf, dumb, blind, idiotic, feeble-minded, or epileptic children of indigent 
parents, and, as such, shall constitute the board for their instruction; gov- 
ernor shall make biennial report to the legislature relative to instruction of 
such children, and shall receive $50 annually as compensation for services 
as such commissioner. Sum not exceeding $30,000 shall be annually appro- 
priated for benefit of such children. Such children shall be instructed at 
following institutions: The deaf and dumb at the American Asylum for the 
Deaf and Dumb, at Hartford, Conn. ; the Clark School for the Deaf, at 
Northampton, Mass. ; the Mystic Oral School, at Mystic, Conn. ; or the Austine 
Institution, at Brattleboro, Vt. ; the blind at the New England Institute for 
the Blind, at Boston, Mass. ; and the idiotic or feeble-minded children at the 
Massachusetts School for the Idiotic and Feeble-Minded Youth, at Boston: 
or at such other like institutions as governor shall elect. The board of civil 
authority in a town shall, annually, certify to county clerk facts relative to 
such children in such town; county clerks shall, annually, certify such facts 
to governor ; selectmen may, in their official capacity, give bond to indemnify 
the State against expenses which may accrue as result of sickness, cloth- 
ing, or transportation of such children. The town shall pay transportation of 
such children if parents are unable to pay the same. Sum of $2,500 is appro- 
priated for continuation of instruction of such children after they are dis- 
charged from aforesaid institutions. 

Virginia: The school for the deaf and the blind is continued and the board 
of visitors thereof shall be a body corporate. Board of visitors shaU consist 
of superintendent of public instruction and six members appointed by the 
governor with the consent of the senate ; term of appointive members, four 
years, three being appointed every two years.- Said board shall elect one of 
its members president and shall also appoint a secretary. Duties: To care 
for the property ©f the institution ; make rules for its government ; do all 
things necessary for the promotion of its objects. Board shall meet annually 
and special meetings may be called by president or three members. Super- 
intendent, professors, and other officers shall be elected every two years at 
the annual meeting; visitors may remove such officers for cause. Visitors, 
shall report annually to the second auditor. In such institution there shall 
be a district school for the deaf and a district school for the blind. Pupils 
shall be selected by the board of visitors from among persons unable to pay 
for maintenance to the extent of the means of the institution ; other resi- 
dents of the State may be admitted on terms prescribed by visitors, but no 
charge shall be made for instruction. 



T (b). SCHOOLS FOR THE DEAF. 799 

The Virginia State school for colored deaf and Mind children. — Said school 
shall be under the control of a board of five visitors appointed by the gov- 
ernor; term, four years, two or three as the case requires being appointed 
every two years. Said board shall appoint a superintendent, professors, and 
other necessary officers. There shall be no charge for the education of colored 
deaf or blind children residents of the State. 

See also A (b2). State officers; H (b). School census. 

Washington: The State school for the deaf and the blind at Vancouver shall 
be under direction of State board of control, and shall be supported by the 
State. Said school shall be free to residents of State, between ages of 6 
and 21 years, who are deaf and blind, or either deaf or blind, if such persons 
are free from loathsome or contagious diseases ; said board may admit chil- 
dren from other States upon payment of expenses. Said board shall appoint 
a superintendent for the deaf and a superintendent for the blind, each to 
be not less than 30 'nor more than 70 years old, who shall have had at least 
10 years actual experience In teaching in schools for the deaf and blind ; su- 
perintendents may appoint ail subordinates; said board may fix number of 
employees and salary paid each. Clerks of all school districts shall annually 
report to school superintendents of respective counties the names of all 
deaf, mute, or blind youth residing in such districts between ages of 6 and 21 
years; each county superintendent shall annually report names of such 
youth to county commissioners, State board of control, and superintendents of 
the school for the deaf and the blind. Parents or guardians of such youth 
shall send them to the State school for the deaf or for the blind as the case 
requires, but such youth may, instead of being sent to said school, be in- 
structed at some other suitable institution or at home. If parents or guard- 
ians are unabe to send or return such youth to and from said State school, 
county commissioners shall allow such cost or maintain such youth at said 
school during vacation, to be paid by county. Any person who violates any 
provision of this act shall be guilty of a misdemeanor. The State school for 
the deaf and blind shall be divided into two institutions, one for the blind, 
to be known as State school for the blind, and one for the deaf, to be known 
as State school for the deaf, each located at Vancouver ; State board of con- 
trol shall appoint a superintendent for each of said schools; all provisions 
relating to said school for the deaf and the blind shall, so far as applicable, 
govern the two schools hereby created. Regular term of said school shall 
begin on second Wednesday of September, and close on second Wednesday of 
following June. 

West Virginia: The West Virginia School for the Deaf and the Blind shall 
be under control of the State board of control. Governor shall, by and with 
advice and consent of the senate, appoint a superintendent for said school; 
said superintendent shall appoint officers, teachers, and employees of said 
school, and their salaries shall be fixed by said board ; said superintendent 
shall make such reports as said board may require. Said board may provide 
in said institution accommodations for officers, teachers, assistants, and em- 
ployees, and for all deaf and blind persons of the State between ages of 8 and 
25 years, and for such other deaf and blind persons as pay pupils as board 
may admit, but all pupils admitted must be of sound mind and not afflicted 
with any contagious disease. Deaf and blind persons shall be admitted upon 
application to superintendent of said school and in the order of their applica- 
tion. No charge shall be made for board and tuition of pupils ; when clothing 
is not otherwise furnished said school shall supply the same, to be a charge 
against the county where such pupil lives. Said pupils may remain in said 



800 STATE LAWS EELATING TO PUBLIC EDUCATION. 

school five years and for a longer period, at discretion of the board ; deaf and 
blind persons not between ages of 8 and 25 years may be admitted to said 
school when there are accommodations for same. Course of instruction shall 
be prescribed by board, with advice of superintendent, and shall be suited to 
needs of such pupils. The assessors of the State shall make annual census of 
deaf and blind persons, and shall forward same to superintendent of said 
school. 

See also A (bl), State boards. 
Wisconsin: The State school for the deaf shall be under control of State 
board of control. Object of said school shall be to afford enlightened and 
practical education to the deaf. All deaf residents of the State between the 
ages of 10 and 25 years, of suitable capacity to receive instruction, shall be 
received into said school free of charge ; deaf persons placed in said school by 
any municipality, when such persons are not entitled to free tuition, shall 
have expenses paid by such municipality, not to exceed $100 per year each. 
Nonresidents may be admitted upon payment of required charges ; no nonresi- 
dent shall be admitted to exclusion of residents of State. Any deaf-mute 
child deprived of an education through neglect or refusal of parents or guard- 
ian may be committed to said school by any county or municipal judge. 

Upon application by board of education of any village or city, made to State 
superintendent, permission may be granted to establish and maintain schools 
for instruction of deaf and dumb pupils; secretary and treasurer of such 
board shall annually make reports to said superintendent relative to such 
instruction. School board maintaining such school, when approved by State 
superintendent, shall receive annually from the State $150 for each child in 
attendance instructed for nine months, and a share of such sum proportionate 
to term of instruction when same is for less than nine months ; an additional 
sum of $100 shall be received for each nonresident child so instructed, such 
child to be a resident, of the State, when parents or guardian are unable to pay 
for board or transportation, and such child is instructed for full nine mouths ; 
a proportionate part of such $100 shall be received for term of attendance 
shorter than nine months; no deduction shall be made from such sums on 
account of absence caused by illness, absence not to exceed one month for any 
one period ; school board may use such part of State aid as may be needed for 
board and transportation of said nonresident pupils. Any parent or guardian 
having under his control a deaf child between ages of 6 and 16 years, who is 
incapacitated for attending a common school, shall cause such child to attend 
some school established for instruction of the deaf for at least eight months 
each year; violation of this provision is punishable by fine of not less than $5 
nor more than $50, or by imprisonment for three months for each offense ; no 
such child not in proper physical or mental condition shall be required to 
attend such school. District attorney shall prosecute any violations of this 
act. Provisions herein made for education of the deaf shall likewise provide 
for and apply to education of the blind, so far as applicable; $200 State aid 
shall be received for each blind child instructed for period of nine months and 
proportionate part for less time ; materials shall be supplied blind children so 
instructed ; said schools shall be subject to inspection by State superintendent. 
Board of regents of normal schools shall establish a course in one of normal 
schools for training of teachers of deaf children. 

See also A (bl). State boards; A (b2), State officers; A (c2), County 

oflBcers. 

Wyoming: There is established in the city of Cheyenne an institute for the 

support and education of the blind, deaf, and dumb, but such institute shall be 

closed when number of pupils falls below 12. State board of charities and 



t(c). schools for the blind. 801 

reform shall control. Every blind or deaf and dumb person of tbe State, of 
suitable age and capacity, shall be entitled to admission. When parents or 
guardians of children are able to pay expenses they shall be required to do so. 
State appropriation shall be made for maintenance. When institute is closed, 
eligible persons shall be cared for in other States at the expense of the State 
of Wyoming. 



T (c). Schools for the Blind. 

Alahama: Institution for blind, located at Talladega. Controlled by trustees 
of Alabama School for the Deaf. Blind persons residents of the State and 
between 7 and 21 years old may be admitted for a period of 10 years ; trus- 
tees may allow 4 additional years. Annual appropriation, $230 per pupil; 
officers and teachers appointed and salaries fixed as for the school for the 
deaf ; laws relating to school for the deaf applicable to government of school 
for the blind. 

See also T (b), Schools for the deaf. 

Arizona: See A (bl), State boards; B (b), State school lands; P (c), State 
universities and colleges; T (b), Schools for the deaf. 

Arkansas: The Arkansas School for the Blind is established. Board of 
Trustees shall consist of six members, appointed by the governor; they shall 
make rules for the government of the school, and shall appoint a principal, 
matron, teachers, and other employees. All blind residents of the State be- 
tween 6 and 26 years old shall be admitted to the institution free of charge ; 
persons from other States may be admitted on payment of such sum as the 
trustees may require; trustees may admit persons over 26 years old who 
may be benefited thereby. Parent or guardian shall provide clothing and 
traveling expenses for pupils; when not otherwise provided, principal of 
school shall make such provision and the same shall be charged to the county 
of pupil's residence. 

California: Board of trustees of university or of a State normal school may 
appropriate not exceeding $300 to employ a reader for a blind student regu- 
larly matriculated. 

See also H (f). Compulsory attendance; T (b). Schools for the deaf. 

Colorado: See A (c2), County officers; T (b), Schools for the deaf. 

Connecticut: All blind persons of suitable age and capacity who are legal 
residents of the State shall be entitled to be educated at the expense of the 
State, to the extent of not exceeding $300 each per annum ; where parents or 
guardians are unable to provide clothing, $30 additional per annum may be 
allowed. Board of education of the blind shall consist of governor, chief 
justice of the supreme court, and two members, a man and a woman, ap- 
pointed by the governor ; term of appointive members, four years. Said board 
shall have general supervision and control of the education of the blind by 
the State; it may contract with suitable institutions for the education of the 
blind; it may compel attendance of minor blind persons at school. 

Delaware: See T (b), Schools for the deaf. 

Florida: See P (a), Higher institutions, general. 

Georgia: An institution for the education of the blind is located at Macon 
under the control of seven trustees, a continuing body. Said trustees shall 
be a body corporate. Powers of trustees: To appoint such officers, teachers, 
etc., as may be necessary, prescribe their duties, and fix their salaries; pre- 
scribe course of study, fix rates of tuition, and adjust expenditures; adopt 
rules and regulations for the government of the academy. All indigent blind 
3966°— 15— 51 



802 STATE LAWS RELATING TO PUBLIC EDUCATIOIT. 

persons between 7 and 25 years old who have resided in the State for two 
years or more shall be received and educated gratuitously to extent funds 
will permit ; when there are more applicants than can be accommodated, ac- 
commodations shall be apportioned to counties according to population ; bene- 
ficiary shall not remain at charge of institution longer than four years. 
Other than indigent pupils shall be received on terms prescribed by trustees. 
Trustees shall report annually to governor. Governor shall appoint a board 
of 10 visitors to meet trustees at academy annually. Trustees shall fill 
vacancies occurring in their own body. The tax receiver of each county 
shall enumerate blind persons between 7 and 25 years old, and trustees shall 
annually obtain lists of blind. 

Idaho: See A (bl). State boards; T (b). Schools for the deaf. 

Illinois: See T (b). Schools for the deaf. 

Indiana: The board of trustees of the Indiana School for the Blind shall 
consist of four members appointed by the governor; term, four years, one 
being appointed each year ; compensation, $300 each per annum and expenses 
not to exceed $125. Board shall appoint a superintendent of the school, who, 
with the approval of the board, shall appoint necessary subordinates; board 
shall also appoint a medical superintendent. Instruction shall be free to 
residents of the State. 

See also H (f), Compulsory attendance. 

Iowa: The college for the blind at Vinton shall be under the control and 
management of the State board of education. All blind residents of the 
State of suitable age shall be entitled to education therein at the expense of 
the State and nonresidents may also be educated therein, if they can be 
accommodated, upon payment of $66 in advance quarterly. Expenses of 
clothing shall be paid by parent or guardian, or by pupil himself if over 21 
years old, or by county of pupil's residence. All blind persons between 12 
and 19 years old who are fit mentally and physically and who are not receiv- 
ing efficient instruction elsewhere shall attend the college for the blind. 
See also A (bl), State boards; A (c2), County officers. 

Kansas: A State school for the education of the blind is established at 
Kansas City, governed by State board of administration. Overseer of the 
poor of a township, after ascertaining that any indigent blind child should 
be sent to the institution for the blind, shall furnish necessary clothing and 
funds to enable such child to attend said institution, but not to exceed $50 
in addition to traveling expenses shall be so expended on any one child. 
See also A (bl), State boards; H (f), Compulsoi-y attendance. 

Kentucky: Kentucky institution for education of the blind shall be under 
control of board of visitors consisting of five citizens of Jefferson County 
appointed by governor, with approval of senate, to serve four years. Said 
board may receive property for benefit of said institution; may appoint 
superintendent, officers, teachers, and other employees, and fix their salaries; 
may prescribe course of education, and fix fees, but no charge shall be made 
for admission of pupils from this State; may pass by-laws; shaU meet 
monthly; shall make annual report to governor, to be laid before legislature; 
may expel pupils from institution. Treasurer of school shall file bond in sum 
of $20,000; superintendent shall have had at least five years' experience in 
education of the blind; corporal punishment shall not be infiicted upon any 
pupil of said institution; said institution shall remain under legislative con- 
trol; $140 annually appropriated for support and education of each State 
pupil ; said board shall have control of education of colored blind. 
See also A (b2), State officers. 



t(c). schools for the blind. 803 

Lonisiana: Louisiana State School for tlie Blind shall be under control of 
board of trustees consisting of governor, ex officio, and seven persons ap- 
pointed by governor, by and with advice and consent of the senate, in groups 
of two, two, and three, one group appointed each year, to serve four years. 
Board shall be a body corporate; shall meet once every four months. Said 
board shall receive, instruct, and support in said institution all persons blind, 
or of such defective vision as not to be able to acquire an education in the 
ordinary schools, between ages of 7 and 21 years, of sound mind and proper 
health of body, and residents of State; such persons shall be provided with 
board, lodging, medicine, and medical attendance, and instruction at expense 
of the institution, and in cases of indigency, shall be furnished clothing and 
traveling expenses. Persons admitted under 14 years old may continue in 
institution 10 years ; if over 14 years and under 17 years, 8 years ; if over 17 
years, 5 years ; board may in any case extend term 2 years. 
See also A (b2), State officers. 

Maine: Governor, with approval of council, on request of parents or guardians, 
may send such blind children as are fit subjects for education for a period 
not exceeding 10 years and thereafter at discretion of governor and council 
to the Perkins Institute, South Boston, Mass. ; if such institute should refuse 
to receive such children, they may be sent elsewhere; State shall pay for 
instruction and support, including, traveling expenses, of such children. 

Maryland: See H (f). Compulsory attendance; J (b), Medical inspection; 
T (b). Schools for the deaf. 

Massachusetts: There shall be a State board, to be known as the Massa- 
chusetts Commission for the Blind, composed of five members appointed by 
the governor, with the advice and consent of the council; one appointed 
each year to serve five years. Powers and duties of scdd commission: To pre- 
pare and maintain a register of the blind ; act as bureau of information and 
Industrial aid; establish and maintain one or more industrial schools for 
industrial training, and workshops for the blind; make annual estimates 
and reports. Members shall receive no compensation, but necessary expenses 
incident to official duties shall be paid. Such sums may be expended by 
said board as may be appropriated by State. 

The governor may, upon the request of parents and guardians and with 
approval of State board of education, send deaf persons for a term not 
exceeding 10 years — but upon like request and with like approval he may con- 
tinue for a longer term the instruction of pupils recommended by the prin- 
cipal of the school — to the American School for the Deaf, at Hartford. 
Conn.; to the Clarke School for the Deaf, at Northampton; to the Horace 
Mann School, at Boston; or to any other school for the deaf in the State; 
no distinction shall be made on account of wealth or poverty of children; 
no such pupil shall be withdrawn from any such school without the consent 
of the authorities thereof or the governor; all expenses of instruction, sup- 
port, and necessary travel of such pupils shall be borne by the State, but 
the parents or guardians of such children may pay all or part of such 
expense. The State board shall have like powers and duties in reference 
to blind pupils in the Perkins Institution and the Massachusetts School for 
the Blind. 

See also A (bl), State boards. 

Michigan: There shall be maintained at Lansing a school for the instruction 
of the blind. Board of control shall consist of three members appointed by 
the governor; term, six years, one being appointed every two years. Board 
shall appoint a superintendent, matron, and necessary teachers, officers, etc., 



804 STATE LAWS RELATING TO PUBLIC EDUCATION. 

aud fix their duties and compensation. The object of said school shall be 
to afford instruction to blind persons in such useful arts and trades as they 
are best adapted to pursue, and in the common-school branches, vocal and 
instrumental music, and such other branches as the board may prescribe. All 
blind persons, or persons whose sight is so defective as to prevent their 
instruction in the common schools, who are residents of the State and 
between 7 and 19 years old, shall be admitted to said school free of 
charge for tuition, board, lodging, washing, medicine, and medical attendance; 
board may admit persons under 7 or over 19 years old; persons from out- 
side the State may be admitted on payment of 10 per cent in excess of 
expenses. The period during which pupils shall be entitled to instruction 
shall be 12 years, but board may extend the term to 14 years. Clothing and 
other necessary articles required by the rules of said school shall be furnished 
to indigent pupils by counties of such pupils' residence. 

The State board of education may provide for the care, maintenance, and 
instruction of blind babies and children under school age where parents 
may be unable properly to educate such children; said board may contract 
with institutions for the same when contract has approval of parent. 

Minnesota: See B (e), State aid for elementary education; T (b), Schools 
for the deaf. 

Mississippi: Institution heretofore established for instruction of blind shall 
continue to exist under the name Institute for the Blind, with power to hold 
property, to enjoy rights and privileges conferred on it and which are neces- 
sary for its purpose; government vested in five trustees appointed by gov- 
ernor for four years; majority, a quorum; governor may remove members 
and flu vacancies. Board may adopt rules and regulations, regulate and 
fix salaries, and prescribe duties; only bona fide residents of good moral 
character to be admitted; trustees shall fix charges for board and admit 
free all eligible invalid and indigent blind; governor shall appoint super- 
intendent for four years, and may remove him for cause; superintendent, 
besides his general duties, shall appoint all underofficers and shall dismiss 
them for cause; he shall make annual report to trustees, who shall make 
biennial report to legislature; supplies shall be purchased under contract; 
when a blind person attends till graduation trustees shall furnish such 
person tools of his or her trade up to $100 in cost. 

Missouri : The government of the school for the blind shall be vested in a board 
of five managers; said board shall have control of the property and affairs 
of the institution; it shall appoint a superintendent and necessary teachers 
and other employees and may remove them at its pleasure ; board shall also 
appoint a treasurer, who shall have the custody of the moneys, obligations, 
and securities of the institution. All blind persons of suitable mental and 
physical capacity, residents of the State and between 6 and 20 years old, 
shall be admitted to such institution for a period of 12 years, unless sooner 
discharged by board or unless board shall determine upon a longer period 
than 12 years ; board may admit residents of the State who are over 20 years 
old. The county court of any county in which a blind person between 9 and 
25 years old resides, who is unable to pay expenses at said school, may pay 
said expenses from county funds. 

See also A (d), District boards and officers. 

Montana: See A (bl), State boards. 

Nebraska: See A (bl), State boards; A (c2). County officers; H (f). Com- 
pulsory attendance; T (b), Schools for the deaf. 

Nevada: See T (b), Schools for the deaf. 



T(C). SCHOOLS FOR THE BLIND. 805 

New Hampshire: State board of charities and correction are authorized to 
prepare and maintain a register of the blind in the State which shall describe 
their condition, cause of blindness, capacity for education and industrial 
training, and other data; State board of charities may contribute to blind 
persons from the State receiving instruction in industrial institutions outside 
of State. (State makes annual appropriation for the care and education of 
indigent blind children in several State institutions.) 
See also U (e), Schools for dependents and delinquents. 

New Jersey: Any worthy blind citizen of the State shall, upon application to 
commissioner of education, receive aid from the State amounting to not more 
than $500 per year to be used for expenses incurred in attending an approved 
institution for higher education of the State; such aid shall be given only 
to such persons as are financially unable to defray their own expenses ; in- 
stitutions receiving such persons shall make reports as required to said com- 
missioner. 

See also H (a), School population and attendance, general; T (b). Schools 
for the deaf. 

New Mexico : The institute for the blind shall be under the control of a board 
of regents consisting of five members appointed by the governor, by and with 
the advice of the senate ; term, four years ; not more than three regents shall 
belong to the same political party at the time of appointment. Duties of 
hoard: To make necessary rules and regulations; provide supplies and appara- 
tus; appoint superintendent, teachers, and other employees, and fix their 
salaries. Said institute is intended for instruction of blind persons between 
the ages of 5 and 21 years, free of cost to such persons, except in cases where 
parents and guardians are able to pay therefor. Board shall insure property 
of said institute for three-fourths of its estimated value. 

New York: State commission for the blind shall consist of five persons ap- 
pointed by the governor, one each year, term five years; no official of any 
workshop or school for blind shall serve on such commission while serving as 
said official. Said commission shall prepare a register of blind in the State ; 
shall maintain a bureau of information and industrial aid for the blind; 
may establish workshops and schools for the blind; may provide instruc- 
tion for the blind at their homes; shall investigate causes of blindness and 
inaugurate preventive measures for same ; may appoint and fix compensation 
of its officers and agents ; shall make annual report to governor ; shall serve 
without compensation, but shall be reimbursed for necessary expenses. The 
sum of $5,000 may be used by commission as working capital for industries 
for blind. 

All blind persons who are legal residents of the State, of suitable age and 
capacity, may be received at the New York State School for the Blind with- 
out charge and for such period as trustees may determine; if school be 
overcrowded, counties shall be allowed pro rata representation; children of 
persons who died in United States service, or from wounds received in such 
service, shall take precedence over all others in matter of admission. Non- 
residents may be admitted to said school upon payment of required expenses. 
Each application for admission shall be accompanied by a certificate of resi- 
dence issued by the proper municipal or county official. Primary object of 
said school shall be to furnish blind children facilities for an education and to 
train them in some useful profession or art; said school may give such chil- 
dren employment after completing their course, but shall not be an asylum or 
hospital. Governor every two years shall, with advice and consent of the 
senate, appoint three trustees to serve for term of six years; two of such 



806 STATE LAWS RELATING TO PUBLIC EDUCATION. 

trustees shall be residents of Genesee County, and a majority must reside 
within 50 miles of said school. Trustees shall receive no compensation as 
such, but may allow themselves mileage; no trustee shall be pecuniarily in- 
terested in any contract of said school. Board of trustees shall have charge 
of all affairs of said school; may elect a secretary^ not a member of the 
board, and may prescribe his duties and fix his compensation. The treasurer, 
a member of the board, shall file bond and pay out funds on order of board 
or executive committee. Trustees may appoint a superintendent, instructors, 
subordinate officers, and servants ; fix their salaries and prescribe their duties 
and terms of office; shall purchase equipment and supplies. Parents, guar- 
dians, or custodians of pupils in said school shall provide clothing and trans- 
portation for such pupils ; pupils may be removed from said school for good 
cause. Clothing and transportation of indigent pupils shall be paid by the 
counties sending such pupils, not to exceed ^60 annually for each such child. 
Upon completion of their course in industrial department, trustees may fur- 
nish poor pupils a working outfit, not to exceed $75 in cost per pupil, charge- 
able against county of residence of pupil. Counties may recover from parents 
or estates of pupils funds expended for care and instruction of such pupils at 
said school, but $500 of property of such parents or estate shall be exempt 
from payment of such accounts. Said school may receive bequests or dona- 
tions of money or any kind of property. Board of trustees shall make annual 
report to the legislature. 

See also T (b), Schools for the deaf. 

North Carolina: See A (c2), County officers; A (d), District boards and 
officers; T (b). Schools for the deaf. 

North Dakota: The institution for the feeble-minded is located at Grafton. 
Board of trustees shall consist of five members appointed by the governor 
with the consent of the senate ; term, four years, two or three being appointed 
every two years. All feeble-minded persons resident of the State who, in the 
opinion of the superintendent, are of suitable age and capacity to receive 
instruction in said institution, and all idiotic and epileptic persons resident of 
the State, may be admitted thereto; no inmate shall be removed therefrom 
except on request of parent or guardian, but any offensive inmate may be 
committed to the hospital for the insane. The person responsible for the sup- 
port of any inmate shall pay to said institution $15 per month while inmate 
is in institution, but if such person be unable to make such payment the 
county of inmate's residence shall make payment. 

Until a State institution for the care and instruction of blind children 
under school age is established, the board of control of State institutions may 
provide for the care, maintenance, and instruction of such children residing 
in the State in a suitable institution, inside or outside the State, in any case 
where parent or guardian may be unable to properly care for and instruct 
such children until they reach school age. 

See also A (d), District boards and officers; H (f), Compulsory attendance. 

Ohio: Board of trustees of State school for the blind shall consist of five 
persons, nonresidents of county where said institution is located, appointed 
by governor, with advice and consent of senate; appointed one each year to 
serve five years; said trustees shall receive no compensation, but shall be 
allowed expenses ; no trustee shall be interested in any contract of said insti- 
tution ; said trustees shall appoint a superintendent for said institution, term 
four years, and other employees upon nomination of superintendent, and fix 
their compensation; no trustee of such institution shall be appointed super- 
intendent during period of service as trustee or for one year thereafter ; said 



t(c). schools foe the blind. 807 

trustee may require bond of appointees ; said institution must be visited once 
a month by at least tliree trustees; supplies shall be bought through sealed 
proposals; contingent fund shall consist of 3 per cent of total appropriation 
for such institution; said board shall make biennial financial report to legis- 
lature and full report to governor. Trustees may receive into said institu- 
tion blind and purblind persons of suitable age and capacity; no person ad- 
dicted to immoral practices or suffering with a contagious or offensive disease 
shall be received; pupils must be at least 6 years old, and none under 8 years 
shall be received except for special reasons; pupils admitted under 14 years 
may remain until 21 years of age, and those admitted between 14 and 21 
years may remain seven years; persons over 21 years may be received for 
one year to learn a trade, and females of such age may be allowed to remain 
for three years more; former students may be allowed to return for period 
of one year for review, but not at an age beyond that hereinbefore specified ; 
nonresidents of State may be admitted under rules of trustees ; said trustees 
may purchase books and appliances costing no more than $600 in any year, 
to be paid out of current-expense fund, when the same may be bought at cost 
of production price. The maximum limit of salaries is fixed by law. Readers 
may be appointed for blind students in institutions of higher education. 
See also H (b). School census; T (b). Schools for the deaf. 

Oklahoma: Oklahoma School for the Blind is hereby created and located at 
Muskogee. Purpose of school shall be to provide academic, musical, and in- 
dustrial education for blind persons; said institution shall be under control 
of State board of education. All persons between ages of 6 and 21 years, 
whose vision is so defective as to prevent profitable attendance at public 
schools, and who are of proper physical, mental, and moral character, shall 
be eligible for admission into said school. Superintendent may allow attend- 
ance beyond age of 21 years, and may admit persons below 6 years and over 
21 years of age. 

See also A (bl), State boards; IT (e), Schools for dependents and delin- 
quents. 

Oregon: The State board of education shall constitute the board of trustees 
of the school for the blind. Said board shall have charge of the funds of the 
institution, provide for the proper care of pupils, appoint teachers and officers 
and fix their salaries and duties, and make an annual statement of expenses 
and the condition of school. 

See also A (c2), County officers; A (d), District boards and officers; 
A (f). Administrative units — districts, etc.; H-(f), Compulsory attendance; 
T (b), Schools for the deaf. 

Pennsylvania: The State appropriations to the Pennsylvania Institute for the 
Instruction of the Blind shall constitute a sufficient fund for the education 
and maintenance of 175 pupils at an annual rate not exceeding $300 per 
pupil ; and to the Western Pennsylvania Institution for the Blind a fund suffi- 
cient for 130 pupils, at annual rate of $360 per pupil. 

See also A (d), District boards and officers; H (f). Compulsory attendance. 

Rhode Island: See A (bl). State boards; T (b), Schools for the deaf. 

South Carolina: See T (b), Schools for the deaf. 

South Dakota: See T (b). Schools for the deaf. 

Tennessee: The institution for the instruction of the blind in the city of 
Nashville is continued a body corporate, by the name of the Tennessee School 
for the Blind. Board of trustees consists of seven members; vacancies in 
said board filled by board, subject to confirmation by the legislature. Pupils 



808 STATE LAWS RELATING TO PUBLIC EDUCATION. 

shall be taught such branches as they are capable of acquiring and practicing 
to advantage. Two free pupils shall be admitted from each senatorial dis- 
trict, to be selected from among indigent persons by the senator and repre- 
sentative. Any deaf, dumb, and blind child may be admitted either to the 
Tennessee School for the Blind or to the School for the Deaf. All other pu- 
pils shall be admitted upon terms fixed by trustees, but pupils who can not 
pay shall have preference. When accommodations warrant, pupils from 
•without the State may be admitted on payment of expenses as determined 
by trustees. 

Texas: The asylum for the blind shall be under the control of a board of six 
trustees appointed by the governor. Superintendent, who shall be appointed 
by trustees, shall appoint an oculist who shall attend regularly at the asylum. 
Superintendent shall make provision for the maintenance, care, and educa- 
tion of blind children of the State. 

Utah: The State school for the blind shall be under control of a board of 
trustees consisting of the attorney general and five resident citizens of the 
State, not more than three of whom shall belong to same political party; 
said school shall be deemed a public corporation. Purposes of said school 
shall be to provide a practical education for the blind of the State who are 
of sound mind and body, under 30 years of age, capable of receiving in- 
struction, but who are incapacitated for instruction in the common schools; 
training shall also be given in the trades; said school shall provide a circu- 
lating library for the blind of the State. Residents shall be received free 
of charge; nonresidents may be received on such terms as said board may 
prescribe. All provisions governing State school for the deaf, as far as 
applicable, shall apply to said school for the blind. The trustees and officers 
of said school for the deaf shall be the trustees and officers of said school 
for the blind; each appointive trustee shall file bond in sum of $3,000. 
See also A (c2), County officers; T (b), Schools for the deaf. 

Vermont: See T (b), Schools for the deaf. 

Virginia: See A (b2), State officers; H (b), School census; T (b), Schools 
for the deaf. 

Washington: See T (b). Schools for deaf. 

West Virginia: See A (bl). State boards; T (b), Schools for the deaf. 

Wisconsin: State school for the blind shall be under control of the State 
board of control. Object of said school shall be to afford enlightened and 
practical education to the blind. All blind residents of the State of suit- 
able age and capacity to receive instruction shall be received into said 
school free of charge; blind persons placed in said institution by any mu- 
nicipality, but who are not entitled to free tuition, shall be maintained in said 
institution at cost of not exceeding $100 per year, to be paid by said mu- 
nicipally. No nonresident shall be admitted to the exclusion of a resident 
of the State. Steward of school may pay expenses of indigent pupils in 
going to and from school. All blind persons of the State shall be entitled to 
use of library at said school. If any blind child of proper age is being de- 
prived of an education through neglect or refusal of parent to send such 
child to proper school, the county or municipal judge may commit such child 
to said school. 

The State institution for blind artisans shall be under control of State 
board of control. Said board shall provide in said school instruction in the 
trades for blind persons; may allow not exceeding $75 for support of each 
such person, when indigent, in said school; may provide transportation for 



T (e). SCHOOLS FOR FEEBLE-MINDED. 809 

indigent blind to and from said institution ; may employ superintendent for 
said institution. Any male person over 21 years old, and any female person 
over 18 years old may, under certain conditions, receive aid of $100 per year 
from the county, same to be raised by taxation. 

See also A (bl), State boards; A (b2), State officers; A (e2), County 
officers; T (b). Schools for the deaf. 
Wyoming: See T (b), Schools for the deaf. 



T (d) . Crippled and Deformed. 

Illinois: See A (d), District boards and officers. 

Minnesota: See T (e), Schools for feeble-minded. 

Nebraska: A hospital for the care, treatment, and education of crippled, 
ruptured, and deformed children and those suffering from diseases from 
which they are likely to become deforn:ied is established. Said hospital shall 
be under control of board of commissioners of State institutions. 

Ohio: Purpose of State institution for deformed and crippled children shall 
be to care for, treat, and educate children of such class ; children admissihle 
shall be apportioned among the several counties on basis of population, but 
each county shall be allowed at least two such children at all times. Board 
of trustees of said institution shall consist of six members, appointed one each 
year by governor, with advice and consent of senate; term, six years; not 
more than three of such trustees shall belong to same political party. 
See also T (b), Schools for the deaf. 

Wisconsin: See U (e). Schools for dependents and delinquents. 



T (e). Feeble-minded. 

California: Sonoma State home shall be under control of State commission 
in lunacy ; object of said home shall be the care and training of feeble-minded 
children; training shall be of practical character. Hospital must receive 
and care for imbeciles, idiots, and epileptics who are not insane; superin- 
tendent of said home shall make monthly report to State board of examiners, 
the comptroller. State treasurer, and State commission in lunacy ; said super- 
intendent shall also make annual report to said commission. 

Colorado: There is established the State home and training school for mental 
defectives. Board of control shall consist of three members not more than two 
of whom shall belong to same political party; appointed by governor; term, 
six years. Board shall appoint a physician as superintendent and also a 
matron. Superintendent shall, with approval of board, appoint necessary as- 
sistants, teachers, and other employees. There shall be admitted feeble-minded 
persons incapable of receiving instruction in the public schools and also feeble- 
minded and epileptic adults who are unable to take care of themselves ; when 
parent or guardian is able to pay the whole or any part of maintenance, the 
same shall be required. Unobjectionable feeble-minded persons from other 
States may be admitted on payment of all expenses. 

Connecticut: Any pauper or indigent imbecile child may, on application of 
the selectmen of the town, be ordered by the probate court to be sent to the 
school for imbeciles at Lakeville, but order of the court must have approval 
of the governor; State shall pay $2.50 for each week said child remains at 
said school. 



810 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Delaware: See T (b), Schools for the deaf. 

Illinois: A State institution for the care and instruction of feeble-minded 
children is established at Lincoln. 

Indiana: The board of trustees of the Indiana School for Feeble-minded 
Youth shall consist of four members appointed by the governor; term, four 
years, one being appointed each year; compensation, $300 each per annum; 
one member shall be a woman. Purpose of institution: The care, support, and 
instruction of idiotic, epileptic, and paralytic children. Two departments — 
one industrial and the other custodial. Board of trustees shall appoint a su- 
perintendent for a term of three years; superintendent shall, subject to 
trustees, appoint necessary subordinates. Feeble-minded children under 16 
years old may be admitted. Feeble-minded females between 16 and 45 years 
old may by circuit court be committed to the custodial department, if court 
finds such person a proper subject. If parent is unable or if estate of a child 
having a guardian is insufficient to pay the whole or a part of the expense 
of such child, State shall pay such expense not to exceed $15 per month. 

Iowa: The institution for feeble-minded children at Glenwood shall be under 
the control and management of the board of control of State institutions. 
Every person between 5 and 21 years old who by reason of deficient intellect 
is unable to receive instruction in the common schools shall be entitled to 
training and care in said institution ; men and women who are under 46 years 
old and who are similarly situated may also be admitted. 
See also A (c2). County officers. 

Kansas: A State home for the instruction of feeble-minded youth is estab- 
lished. Managed by board of control of State charitable institutions. Per- 
sons having resided in the State for six months or more who are under 15 
years old may be admitted; if capacity allows, persons of greater age may be 
admitted. 

Kentucky: Kentucky Institution for Feeble-Minded Children shall be under 
control of State board of control for charitable institutions. Governor shall 
appoint a medical superintendent and steward, with advice and consent of 
senate, for term of four years. Said board shall appoint a secretary and a 
treasurer, not to be members of board ; term, four years ; shall appoint other 
officers and employees of said institution; shall meet monthly; shall visit 
institution twice each year and one member shall inspect institution monthly. 
Feeble-minded children between ages of 6 and 18 years shall, when capable 
of instruction, be received into said institution; no such child shall be re- 
tained when found incapable of receiving benefit. Transportation shall be 
furnished indigent feeble-minded children; commitment shall be by inquest 
of jury; no child shall be maintained at such institution when capable of 
self-support. Parents, guardians, or custodians of such children shall, when 
able, pay cost of support and maintenance at said institution; $155 per year 
appropriated by State for each such child when indigent. 
See also A (b2). State officers. 

Maine: State shall establish a school for the feeble-minded; all such feeble- 
minded persons supported by towns as may be benefited by school instruction 
shall be committed to such school; governor, with consent of council, shall 
appoint five trustees, one a woman; term, four years, two of three members, 
as the case requires, retiring every two years. All indigent persons in the 
State who are proper persons for such school and have no one to provide for 
them may be admitted; other proper persons whose parents, kinsmen, or 
guardians are able to pay may be admitted on payment of such sum as trus- 



T (e). SCHOOLS FOR FEEBLE-MINDED. 811 

tees shall determine; governor shall be ex officio a member of board of 
trustees. Upon application, judge of probate may commit to such school 
any fit person resident in county, any inmate of the Maine Industrial School 
for Girls, State School for Boys, Bath Military and Naval Orphan Asylum, or 
any person supported by any town. When employed trustees shall each 
receive $5 per day and expenses. 

Maryland: Maryland Asylum and Training School for Feeble-Minded (incor- 
porated 1888) shall receive, care for, and educate, free of charge, all idiotic, 
imbecile, and feeble-minded persons whom board of visitors shall consider 
proper subjects and who are unable to pay; board may charge for those who 
are able to pay in part and in same proportion for those who can pay in full ; 
may receive pupils from other States or District of Columbia. Visitors shall 
divide asylum into two departments, one educational, the other custodial ; all 
feeble-minded capable of improvement to be placed in the educational and 
taught rudiments of a common-school education, with culture in manual and 
Industrial occupations; visitors, when they have sufficient funds, shall estab- 
lish department for epileptic children ; $15,000 annually appropriated for the 
school ; visitors shall make reports on inmates to the lunacy commission. 

Massachusetts: There shall be six trustees, on the part of the State, of the 
Massachusetts School for the Feeble-Minded, one appointed annually by the 
governor, with advice and consent of the council, for a term of six years. 
Said school shall be subject to the supervision of the State board of insanity. 
Trustees shall make annual report to State board of insanity. Said school 
shall provide educational facilities for those inmates of school age and a cus- 
todial department for i>ersons who are beyond school age or who are not 
capable of being benefited by school instruction. Trustees may receive feeble- 
minded children when committed by a probate judge or by a parent or 
guardian; in all cases an order of commitment shall be accompanied by a 
physician's certificate. 

The governor, with advice and consent of council, shall appoint five trus- 
tees of the Hospital Cottages for Children, one appointed annually; term, 
five years. Trustees shall serve without compensation ; shall annually report 
to State board of insanity. The State board of insanity may send to and keep 
at said institution such number of epileptic children as may be approved, 
and such children shall be supported by the State. 

The board of trustees of the Wrentham State School shall consist of seven 
members, two of whom may be women, appointed by the governor, with the 
advice and consent of the council; appointed in rotation to serve five years. 
Duties and powers of doard: To establish regulations for said school; appoint 
superintendent and other officers and employees of said school and fix their 
salaries, with advice and consent of the governor and council; visit school 
monthly; make annual report to governor and council. Trustees of said 
school shall be a body corporate. State board of insanity shall have general 
supervision over said school. Applications for commitment to said school 
shall be made to the overseers of the poor or to the registrar of the school if 
child resides in Boston ; commitment shall be by the probate judge ; certificate 
of a physician shall accompany each commitment. Indigent inmates shall be 
cared for free of charge. Said school shall maintain a school department and 
a custodial department. Said school shall be supported by such funds as the 
State may appropriate for the purpose. 

Michigan: The institution for the custody, care, and education of feeble- 
minded and epileptic persons at Lapeer shall continue as the Michigan Home 
and Training SchooL The board of control shall consist of five members 



812 STATE LAWS EELATIISTG TO PUBLIC EDUCATION. 

appointed by tlie governor; term, six years. Said board shall appoint a 
physician as superintendent and, subject to board, superintendent shall ap- 
point necessary assistants and atendants; on nomination of superintendent 
board shall appoint a steward. Feeble-minded and epileptic persons residents 
of the State and over 6 years old shall be eligible to admission on certificate 
of two reputable physicians appointed by the probate court; probate court 
shall have jurisdiction in the matter of admission. If a bond of $1,000 is 
made and $50 is paid in advance, patient shall be admitted as a private 
patient ; otherwise, as public. State shall pay all expenses of public patients, 
but the estate of patient, if there be any, or persons liable for patient's sup- 
port, shall be liable to the State for expenses paid. No feeble-minded woman 
not an epileptic above 48 years old, nor any feeble-minded man not an 
epileptic, whose condition is due to senility, shall be admitted to said institu- 
tion. 

Minnesota: The School for Feble-Minded shall be under the management of 
the State board of control. All feeble-minded residents of State of suitable 
age and capacity to receive instruction in said school and whose defects pre- 
vent them from receiving proper training in the public schools may be ad- 
mitted to the School for Feeble-Minded. The person in authority over any 
child committed to such school shall pay annually to the superintendent 
thereof $40 ; in case of indigency of such person in authority, county where 
child is a resident shall pay the same. Any crippled or deformed child who 
can not be benfited by treatment at State Hospital for Crippled and Deformed 
Children or child with chronic disease of nervous system or incurable chronic 
invalidism may be admitted to said school ; the sum of $150 shall be annually 
paid for care of such children. Nece.ssary surgical operations may be per- 
formed on such children. 

Nebraska: Besides shelter and protection, the prime object of the Institution 
for Feeble-Minded Youth shall be to provide for imbecile or feeble-minded 
children special means of improvement and by special instruction reclaim 
them from their helpless condition for usefulness in society ; instruction shall 
be principally agricultural and mechanical. Superintendent of such institu- 
tion shall keep a complete record thereof. All imbecile and feeble-minded 
children between 5 and 18 years old, who have have been residents of St^te 
for one year prior to making application for admission and who are in- 
capable of receiving instruction in common schools, shall be entitled to admis- 
sion into said institution, maintained, and educated at expense of State, 
provided such applicant is a suitable person to receive its benefits ; board may 
admit persons of greater age and nonresidents when conditions shall warrant 
and at a tuition charge. Clothing, transportation, and incidental expenses of 
such children shall be paid by parents or guardians, but in cases of indigence 
the same shall be furnished by county where child resides to the extent of $40 
per year. Said institution shall be under control of board of commissioners 
of State institutions. 

See also A (bl), State boards. 

Nevada: The State superintendent of public instruction is authorized to 
arrange with the director of any institution for the feble-minded in Cali- 
fornia or Utah or other States for the admission, support, education, and care 
of feeble-minded children of Nevada. Only those children who are unable to 
pay the expenses of such education and care shall be supported therein by the 
State; $1,000 shall be set aside from the State fund for the years 1913 and 
1914. 



T (e). SCHOOLS FOR FEEBLE-MINDED. 813 

New Hampshire: State scliool for feeble-minded shall be under the super- 
vision and adminstration of State board of control. (The State makes annual 
appropriations for the support and education of indigent feeble-minded 
children. ) 

See also A (bl), State boards; U (e), Schools for dependents and delin- 
quents. 

New Jersey: See H (a), School jwpulation and attendance, general; T (b), 
Schools for the deaf. 

New York: The Syracuse State Institution for Feeble-Minded Children shall 
be under control of board of managers, consisting of commissioner of educa- 
tion and eight persons appointed by the senate upon recommendation of the 
governor; said board shall appoint and determine salaries of officers and other 
employees, shall do such other things as are necessary for welfare of said 
institution, and shall make annual report to the legislature; said board shall 
meet at institution monthly; board may hold donations for such institution 
in trust. Commitment shall be by application of county superintendent of the 
poor or commissioners of charity of any city. Indigent children shall be con- 
sidered first in receiving appointments ; support of indigent inmates shall be a 
town or county charge ; where able so to do the person in parental relation 
shall i^ay expenses of the child. 

North Carolina: The North Carolina School for the Feeble-minded is estab- 
lished. Trustees: State superintendent and nine members appointed by the 
governor ; term six years, three retiring every tow years. Governor shall also 
appoint a board of three women visitors to advise with and assist trustees. 
All indigent persons over 6 years old who are fit subjects for such school 
and residents of the State may be admitted as State charges ; all fit subjects 
whose parents or guardians are able to pay shall be charged such sum as 
may be determined by trustees; fit subjects from other States may be ad- 
mitted on payment of not exceeding $5 per week. 

North Dakota: See A (d), District boards and officers; H (f), Compulsory 
attendance. 

Ohio: Trustees of institution for feeble-minded youth may receive youth of 
this class not over age of 15 years, residents of State for past year and 
capable of instruction, in common schools; nonresidents may be admitted 
under rules of trustees; in addition to customary instruction, trades shall be 
taught. The custodial department of said institution shall be devoted to 
reception, detention, care, and training of idiotic and feeble-minded children 
and adults, regardless of sex or color ; cases of paralysis shall be cared for. 
Particular attention shall be given to agricultural training. The several 
counties shall pay for cost of maintenance of custodial inmates. Parents or 
guardians may enter children in said institution and pay their expenses; 
parents or guardians shall, when able, pay expenses of children at said in- 
stitution. 

See also H (b). School census; H (f), Compulsory attendance. 

Oklahoma: Oklahoma Institution for Feeble-minded is hereby created and 
established at Enid; said institution shall be under control of State board 
of education. Purposes of said institution shall be the care, support, train- 
ing, and instruction of feeble-minded children, and to care for, support, and 
control female imbeciles between ages of 16 and 45 years. When there shall 
be room, feeble-minded persons may be admitted to said institution upon 
payment of all expenses. Institution shall be divided into two distinct de- 
partments, the training department and the asylum department; inmates of 



814 STATE LAWS EELATIXG TO PUBLIC EDUCATION. 

training department shall be the feeble-minded and imbecile children of the 
higher grades who are capable of receiving instruction and training; in- 
mates of asylum department shall be the feeble-minded and idiotic children 
of the lower grade who are not capable of instruction and training and the 
female adults; adult females shall be separated from other classes; inmates 
may be transferred from training department to asylum department, or vice 
versa, when advisable; all feeble-minded persons under age of 16 years, all 
feeble-minded persons received upon full payment of maintenance, and all 
feeble-minded female adults committed thereto, shall be received at said 
institution. State board shall appoint superintendent for said institution; 
said superintendent shall appoint all employees of said institution, their 
salaries to be fixed by State board. The physical, manual, and literary 
training in said institution shall be of practical nature; school work and 
recreation shall be adapted to promote comfort and happiness; no severe 
punishment shall be administered, and discipline shall be that of kindness. 
Nonresident persons may be admitted upon payment of fees fixed by State 
board. Those in control of feeble-minded children shall, when financially able, 
pay for instruction and maintenance of such children at said institution, or as 
much thereof as is possible; indigent feeble-minded children shall be sup- 
ported by the county of residence at said institution. Feeble-minded female 
adults shall be admitted to said institution upon commitment by the courts. 

Oregon: The State institution for the feeble-minded shall be governed by 
the State board of control, consisting of the governor, secretary of state, and 
treasurer. It shall be used for the care and training of such feeble-minded, 
idiotic, epileptic, and defective persons as may be committed thereto. Parent 
or guardian of such person may apply for admission to either the superin- 
tendent or the county court; if parent or guardian is unable to pay cost of 
transportation of such person, the county shall pay the same. Board shall 
appoint a superintendent, who shall, with approval of board, appoint officers, 
teachers, and other employees. Board shall fix sum to be paid by parent or 
guardian, but not to exceed $40 for each inmate. All feeble-minded persons 
resident of the State who are of suitable age and capacity may be admitted ; 
also all idiotic and epileptic persons resident of the State for at least one 
year. Parent or guardian shall pay traveling expenses of child and amount 
fixed by board for support, but if parent or guardian is unable to pay the 
same, county shall pay traveling expenses. 

Pennsylvania: The State institution for feeble-minded and epileptic of eastern 
Pennsylvania shall be devoted to the care, maintenance, treatment, training, 
and education of epileptic, idiotic, imbecile, or feeble-minded persons of both 
sexes; for male patients especial attention shall be given to agricultural 
training. The said institution shall be controlled by a board of nine trus- 
tees appointed by the governor by and with the consent of the senate ; three 
trustees shall be appointed each year, term, three years; said trustees shall 
serve without compensation; said board of trustees a corporate body. Per- 
sons under 20 years old may be admitted; inoffensive persons over 20 years 
old may be admitted. The State institution for feeble-minded of western 
Pennsylvania shall be controlled by a board of nine trustees, appointed by the 
governor with the consent of the senate, three appointed each year, to serve 
three years; said trustees shall serve without compensation; said board a 
body coi-porate. (General provisions are same as for similar institution of 
eastern Pennsylvania.) 

See also A (d). District boards and officers; H (f), Compulsory attend- 
ance. 



T(e). SCHOOLS FOR FEEBLE-MINDED. 815 

Rhode Island: State board of education shall have control of Rhode Island 
School for the Feeble-minded; board shall appoint officers, teachers, and 
employees, prescribe their duties, and fix their salaries. There shall be two 
departments in said school, instructional and custodial. Said board may 
gratuitously receive, maintain, and educate indigent feeble-minded children 
of the State, but other residents and nonresidents shall pay such charges as 
board may make. Applications for admission must be made in writing, and 
shall be signed by two practicing physicians to the effect that applicants are 
feeble-minded. Feeble-minded persons may be committed to said school by 
the district court. State board shall make annual report to the legislature. 
See also A (bl), St<ate boards; T (b). Schools for the deaf. 

South Dakota: See U (e), Schools for dependents and delinquents. 

Utah: The State mental hospital shall care for insane persons; shall also care 
for feeble-minded and noninsane epileptics capable of mental improvement 
residing in the State; shall furnish them medical treatment, seclusion, rest, 
restraint, amusement, occupation, schooling, manual training, and support. 
Application for admission of such persons shall be made to superintendent 
of the hospital. 

Vermont: Vermont School for Feeble-minded Children is established for 
benefit of mentally defective children between 5 and 21 years old, and shall 
be under control of board of trustees consisting of governor, ex officio, and 
four other persons appointed by the governor, two apponted biennially, to serve 
four years. Poicers and duties: To make annual report to governor, hold at 
least four stated meetings each year, visit and inspect said institution at 
least twice a year, receive any moneys given to said institution, make needed 
rules and regulations, employ and fix compensation of employees, receive 
indigent children into school free of charge. Said board shall receive no 
compensation, but shall be allowed expenses. Children shall be admitted in 
following order: (1) Such children as are supported at Vermont Industrial 
School; (2) indigent feeble-minded children; (3) such children as are able 
to pay for instruction and maintenance. Application for commitment shall 
be made by parent, guardian, or selectmen to judge of probate; such child 
must be examined by two reputable physicians before being committed to said 
school. 

See also T (b), Schools for the deaf. 

Washington: State Institution for the Feeble-minded shall be under direction 
of State board of control and shall be supported by the State. Said institu- 
tion shall be free to residents of State under 21 years of age who are feeble- 
minded, idiotic, or epileptic, or who are physically defective to such extent as to 
prevent attendance at public schools, if such persons are free from contagious 
diseases. Admission to said institution may be applied for by parents, 
guardian, officer in charge of any institution or asylum where children are 
cared for, county superintendent, board of county commissioners, or juvenile 
courts under order of commitment. Children from other States may be 
admitted to said institution on condition that parents or guardians pay cost 
of maintenance and instruction. School district clerks shall annually report 
names and addresses of feeble-minded youth under 21 years old to county 
superintendents, who shall transmit such information to county commis- 
sioners. State board of control, and to superintendent of the State Institution 
for the Feeble-minded. Application for admission to said school shall be, 
except wh^ committed by the court, through the county superintendent. 
Parents or guardian of such youth, when application is accepted, shall send 
such youth to said school. Such youth who are indigent shall be sent to said 



816 STATE LAWS RELATING TO PUBLIC EDUCATION. 

school at expense of county. Inmates arriving at age of 21 years who are 
unfit to be discharged may be retained in said school by order of the superior 
court of competent jurisdiction. Adult feeble-minded persons under 50 years 
of age under certain conditions may be admitted to said school. Inmates in 
said school shall be detained until they are in normal condition or until they 
can be properly cared for elsewhere. Parents or guardian may enter a child 
in said school under tuition fee, subject to regulations of board of control. 
Clothing of inmates shall be a charge against the parents, guardian, or estate 
of such inmates, except in cases of indigency, when the same shall be a 
State charge. Future construction of buildings shall be fireproof as far as 
possible ; buildings shall be in two groups for each sex, one for the educational 
and industrial department and one for the custodial department. School 
term of said school shall begin on September 1 and end on following June 1 
of each year; agricultural and manual training and instruction in allied 
subjects shall be given in said school. The violation of any provision of this 
act shall constitute a misdemeanor. 

Wisconsin : The State home for the feeble-minded shall be under control of the 
State board of control. Object of said home shall be to care for, have custody 
and training of feeble-minded, epileptic, and idiotic persons; such persons 
must be examined before being committed by the several courts to said 
home ; all residents of State so committed shall be received free of charge ; 
county of residence shall pay $1.75 per week for each such person committed 
and $30 per year for clothing ; relatives, friends, or guardians may pay expenses 
of inmates. Said home shall be divided into following departments : Cus- 
todial for helpless and lower types; school department; such other depart- 
ments as may be needed. Trades and manual industries shall be taught. 
All persons confined in any charitable, reformatory, or penal institution may, 
if found to be feeble-minded, be transferred to said iome. If said home 
shall be filled to its capacity, board may transfer any of inmates to county 
asylum of county in which such person last resided. Superintendent may have 
post mortem examination made of the brain of any inmate. Superintendent 
may, with consent of board, discharge inmates. Commitment to said home 
shall be by the county judge. The county may recover cost of maintenance 
of any person at said home from the estate of such person. Provisions herein 
made shall likewise govern the southern home for feeble-minded and epileptic. 
See also A (bl), State boards. 

Wyoming: The Wyoming Home for the Feeble-minded and Epileptic is estab- 
lished near the town of Lander; State board of charities and reform shall 
control. All feeble-minded and epileptic persons over 6 years old who are 
residents of the State may be admitted ; where persons liable for inmate are 
financially able they shall bear expense of such inmate. County commis- 
sioners shall cause to be committed proper persons. 



T (f). Tuberculous Children. 

Indiana: See D (a). Buildings and sites, general. 

Ohio: See A (f). Administrative units — districts, etc. 

Rhode Island: The school committee of any city or town may provide open- 
air schools for children who are physically unfit for instruction in the ordi- 
nary schools and may furnish necessary medical attention, foodj supplies, etc. 



U (b). WRONGS TO CHILDEEN. 817 

U. WELFARE OF DEPENDENTS AND DELINQUENTS. 



(a) General. 



U (b) . Wrongs to Children. 

See also H (g), Child labor. 

Arizona: Misdemeanor — to sell, give, or otherwise dispose of intoxicating 
liquors to minors; to sell, give, or otherwise dispose of cigars, cigarettes, or 
tobacco in any other form to a minor under 18 years old; to use profane 
or obscene language in the presence or hearing of a woman or minor ; to sell 
or give firearms to a minor under 14 years old; for parent or other person 
to insult or abuse a teacher in the presence of the school; to disturb any 
public or school meeting. 

California: Misdemeanor to sell or otherwise furnish intoxicating liquor to 
minors under 18 years old or for a proprietor to permit a minor under 18 
years old to enter a place where such liquor is sold. 

Unlawful to sell or otherwise furnish tobacco in any form to a minor under 
18 years old ; fines range from a minimum of $25 for first offense to a maxi- 
mum of $300 and 6 months' imprisonment for the third and subsequent 
offenses. 

Colorado: Misdemeanor to sell or give cigarettes to a minor under 16 years 
old ; any person convicted of selling or giving tobacco in any form to a minor 
under 16 years old without the written order of the father or guardian shall 
be fined not less than $5 nor more than $100. 

Florida: It is a misdemeanor to allow a person under 21 years old to enter 
a pool or billiard room. 

Iowa: Boards of directors shall make rules and regulations prohibiting the 
use of tobacco by pupils of the public schools. 

Kansas: Misdemeanor to sell or give away cigarettes or cigarette papers, or 
to have the same in any store or other place for sale or free distribution; 
misdemeanor for a minor to smoke or use cigarettes, cigars, or tobacco in any 
form in a public place. 

Massachusetts: Whoever imports, prints, publishes, sells, or distributes a 
book, pamphlet, ballad, printed paper, or other thing containing obscene, in- 
decent, or impure language, or manifestly tending to corrupt the morals of 
youth, or an obscene, indecent, or impure print, picture, figure, or description, 
or introduces into a family or school the same, or has in his possession the 
same, shall be punished by imprisonment for not more than two years and by 
a fine of not less than $100 nor more than $1,000. 

Minnesota: See A (d), District boards and oflSicers. 

Missouri: It is a misdemeanor to sell, give, or otherwise dispose of cigarettes 
or cigarette material to a minor under 18 years old. No minor between 10 and 
18 years old shall smoke or use cigarettes in any public place. 

Nebraska: Whoever, being a minor under 18 years of age, shall use tobacco 
in any form whatever shall be fined not exceeding $10, but such minor shall 
be free from prosecution when he shall have furnished evidence for the con- 

3966°— 15 52 



818 STATE LAWS RELATING TO PUBLIC EDUCATION. 

viction of any person or persons selling or giving him such tobacco. Whoever 
shall furnish in any way whatever tobacco in any form to a minor under 18 
years old shall be fined for each offense not less than $20 nor more than $50, 
or be imprisoned from 10 to 50 days. It shall be unlawful to manufacture or 
furnish any of the component parts of cigarettes. Contagious diseases shall 
be quarantined and cared for, and buildings occupied by persons suffering 
from contagious diseases shall be properly disinfected. 

Nevada: It shall be a misdemeanor for any person to detain, beat, whip, or 
otherwise interfere with attendance of any child upon the public schools, or 
on his way to or from school, against the will of such pupil. It shall be a 
misdemeanor for any person to disturb the peace of any public school by using 
vile or indecent language or by threatening or assaulting any pupil or teacher 
within school grounds ; for purpose of this act school grounds shall extend 50 
yards in every direction from school building. 

New Hampshire: See IT (e), Schools for dependents and delinquents. 

New Mexico: Minors under 18 years old are prohibited from attending, 
frequenting, or loitering about any pool room ; the owners of pool rooms who 
shall permit any such minors to attend, frequent, or loiter around said pool 
rooms shall be guilty of a misdemeanor. It shall be unlawful for any person 
to sell or give to any minor under 18 years old any intoxicating liquor or 
tobacco in any form without the written consent of the parent or guardian of 
such minor; no person owning or conducting any establishment where liquor 
and tobacco are sold shall permit such minor to engage in any game of chance 
therein ; no proprietor or manager of a saloon or gambling establishment shall 
permit any minor to frequent or loiter around such places ; a printed copy of 
this law shall be kept posted in saloons and gambling establishments. 

Pennsylvania: Any person who shall furnish to a minor any cigarette or 
cigarette paper shall be guilty of a misdemeanor; any minor being in pos- 
session of a cigarette or cigarette paper and who shall refuse to disclose to 
any properly constituted authority the source from which the same was ob- 
tained shall be guilty of a misdemeanor. 

Tennessee: See R (b), Corporations of educational character. 

West Virginia: It shall be unlawful for any person, firm, or corporation to 
manufacture cigarettes or cigarette papers, or to furnish cigarettes, cigarette 
paper, cigars, pipe, or tobacco in any form to any person under 21 years old ; 
no person under age of 21 years shall smoke or have about his person or prem- 
ises any cigarette or cigarette paper. No person shall smoke or use cigarettes 
in school buildings or on school grounds. 

Wisconsin: Every person under age of 16 years who shall smoke or use 
cigarettes, cigars, or tobacco in any public place, except when in company of 
a parent or guardian, shall be fined not more than $10 or imprisoned for not 
exceeding 30 days. No person shall allow such minor to use tobacco in any 
form, except in presence of parent or guardian, on premises of such person. 
See also I (c), Suspension and expulsion. 

Wyoming: It is unlawful to exhibit any child under 14 years old as a public 
entertainer, except in churches, schools, " respectable entertainments," and in 
learning music. Misdemeanor to i)ermit any minor under 18 years old in a 
brothel or where an indecent exhibition is given. Unlawful to endanger the 'life 
or health of a child. Unlawful to sell cigarettes, liquor, or tobacco to minor 
under 16 years old. 



U(c). JUVENILE COURTS. 819 

U (c). Juvenile Courts. 

See also U (e), Schools for dependents and delinquents. 

Alabama: See IT (e), Schools for dependents and delinquents. 

California: Terms "neglected person," "dependent person," and "delinquent 
person " are defined in the law ; superior court in every county shall exercise 
jurisdiction in juvenile cases; one judge shall be designated as judge of 
juvenile court. Any person may file petition with clerk of court relative to 
any neglected, dependent, or delinquent child; citation to appear in court 
with such child shall issue to custodian of such child upon filing of such 
petition ; such child may be committed to the care of a suitable person, associ- 
ation, or institution ; neglected children shall not be confined with dependent 
or delinquent children. If dependent or delinquent boy be 16 years old or up- 
ward he may be committed to Preston School of Industry ; if under 16 years 
old to Whittier State School ; dependent or delinquent girls may be committed 
to Whittier State School. Judge shall appoint probation committee of seven 
persons, not more than four to be of same sex, and two must have been 
mothers, to serve four years; said committee shall make reports to court, 
investigate cases of neglect, dependency, or delinquency of juveniles, and 
shall have care of detention homes ; said committee shall receive no compen- 
sation, but county shall allow official expenses. Probation officers shall be 
appointed by the judge of juvenile court upon the nomination of probation 
committee; salaries of probation officers shall be paid by the counties; said 
officers shall investigate cases of neglect, dependency, or delinquency of juve- 
niles, and shall report findings to court. Cases of persons under 18 years old 
coming up in any court other than superior court shall be transferred to 
juvenile court. Juvenile court shall have jurisdiction over cases of persons 
between 18 and 21 years of age for certain offenses. No minor under 14 years 
old shall be committed to the penitentiary. Commitment to any reform school 
or association shall not extend beyond minority of person so committed. 
Parents shall, when able, pay expenses of children committed to reform 
schools. No child under age of 16 years shall be committed to jail before 
conviction. Purpose of this act shall be that the care, custody, and discipline 
of a neglected, dependent, or delinquent child shall approximate that which 
should be given by his parents. No child shall be taken from custody of 
parents or guardian, except for sufficient cause, to be determined by juvenile 
court. 

Colorado: See H (f), Compulsory attendance; U (e), Schools for dependents 
and delinquents. 

Connecticut: See H (f), Compulsory attendance. 

Delaware: See U (e), Schools for dependents and delinquents. 

Georgia: "Children's courts" may be established in any county by the con- 
current recommendation of two successive grand juries; the judge of any 
superior court may preside ; in his absence judge of city court or probation 
officer (if deemed qualified by judge of superior court) may act judge of chil- 
dren's court on order of superior court. Said court shall have jurisdiction 
in all cases arising under this act, whether involving parent, child, or other 
person ; proceedings shall, as far as practicable, be private ; trial by jury shall 
be had on demand or judge may order a jury trial. " Delinquent child " is 
any boy or girl under 16 years old guilty of violation of any city ordinance or 
State law not punishable by death or imprisonment for life ; " wayward child '' 



820 STATE LAWS RELATING TO PUBLIC EDUCATION. 

is any boy or girl under 16 who is situated in immoral surroundings. Any 
county ordinary, recorder, or judge of a superior or city court may, on com- 
plaint of any probation or police officer or citizen, issue a summons for any 
delinquent or wayward cbild to appear before children's court. County com- 
missioners or other authority having control of county matters shall provide 
detention rooms separate from jail. If on the hearing court finds child delin- 
quent or wayward, it may release child on probation, commit child to an in- 
stitution, or to care of some suitable person, or sentence child according to law 
if child is over 10 years old. If child breaks conditions of probation, or court 
thinks best, probation may be terminated. Judge of the superior court may 
make regulations for the treatment of children committed or placed out under 
this act ; he may provide for the appointment of a probation officer, who may 
be a woman. 

Idaho: See H (f), Compulsory attendance. 

Illinois: Any boy under 17 and any girl under 18 years old who has not 
proper parental care, etc., shall be deemed a "dependent child"; any boy 
under 17 and any girl under 18 years old who is incorrigible, etc., shall be 
deemed a "delinquent child." The circuit and county courts of the several 
counties shall have jurisdiction under this act. Any reputable person may file 
with a court having jurisdiction a petition setting forth that a certain child 
is dependent or delinquent, and all persons (parents, guardians, etc.) named in 
said petition shall be defendant in the case; person having charge of child 
shall be summoned to appear with said child before the court; if any de- 
fendant is unknown or resides without the State, notice to appear as aforesaid 
shall be published in a newspaper. Action shall be to take from parent or 
guardian the guardianship of such child. Failure to produce child on sum- 
mons shall constitute contempt of court. When child is presented, court shall 
hear evidence and determine the case. Court may appoint one or more proba- 
tion officers. If the court shall find any male under 17 or any female under 
18 years old to be dependent or neglected, said court may permit such child 
to remain at home if parents are proper, or if parents are unfit child may be 
taken from their custody and court may appoint a guardian for child and 
place such child under said guardian in a suitable family home, or court may 
commit child to some suitable State institution, or to some training or indus- 
trial school, or to some association caring for or obtaining homes for dependent 
children. If parents are otherwise proper but are unable to care for said 
child court may permit child to remain at home and order the county board to 
pay such amount as said court may direct for the care of said child. Cases of 
delinquent children may be treated similarly by the court. When a dependent 
or delinquent child's health or condition requires it court may order said 
child to be placed in a hospital. Child committed or placed under guardianship 
shall remain until further order by the court, but not after the age of 21 is 
reached. No child under 12 years old shall be placed in any jail or police 
station ; when committed to a penal institution no child shall be confined in 
the same inclosure with adult convicts. Institutions to which juvenile de- 
linquents may be committed shall maintain agents to visit and examine 
homes of paroled children. Associations receiving children under this act 
shall be subject to visitation and supervision by the board of State commis- 
sioners of public charities. The incorporation of associations having as their 
object the care and disposal of dependent and delinquent children must have 
the approval of the State commissioners of public charities. County judge of 
each county may appoint six reputable persons as a board to visit and inspect 
associations having as their object the care and disposal of dependent and 
delinquent children. 



TJ (C). JUVENILE COURTS. 821 

Indiana: There shall be in every county containing a city with a population 
of 100,000 inhabitants a separate court to be known as the juvenile court; 
said court shall have jurisdiction, except that of probate, in all cases relating 
to children. The juvenile court judge shall be elected by the qualified voters 
of the county ; term, four years ; annual salary, $4,000. He shall be a citizen 
of and a legal voter of the State and a parent and not less than 40 years of 
age. Clerk of circuit court shall be the clerk of the juvenile court. A sepa- 
rate room shall be provided for the juvenile court. In counties not having 
juvenile courts the circuit court shall have jurisdiction in juvenile cases. 
Probation ofiicers shall investigate juvenile cases and shall submit their find- 
ings to the juvenile courts. The juvenile court may commit dependent, 
neglected, or delinquent children to the care of some suitable person, asso- 
ciation, or institution; when the health of such child shall require it the 
court may place such child in a hospital or like institution. No child con- 
templated within this act shall be confined with adult criminals. 
See also U (e). Schools for dependents and delinquents. 

Iowa: See U (e). Schools for dependents and delinquents. 

Kansas: The probate judge of each county shall be judge of the juvenile 
court, which shall have jurisdiction of all dependent, neglected, and delin- 
quent children. This act shall apply to children under 16 years old who are 
not inmates of State institutions or industrial school for boys or for girls 
or some institution incorporated under State law, but jurisdiction when once 
acquired may continue until child has attained majority; court shall appoint 
a probation officer or may designate county truant officer as probation officer. 
Any reputable citizen of the county may make to court a complaint against 
any delinquent, dependent, or neglected child or against person contributing 
to delinquency ; on complaint being made child and person in charge thereof 
shall be summoned and shall appear in court. Court may commit child to 
care of probation officer or may permit child to remain in its home or be 
placed in a family heme or with some other proper organization subject to 
supervision of the probation officer. Parents or other persons responsible for 
or contributing to delinquency of child are guilty of misdemeanor and subject 
to fine and imprisonment. In counties having a population of more than 
20,000, county commissioners may establish a detention home for homeless 
children under 16 years old; in county having a city of 25,000 population 
or more a " juvenile farm " may be established; such home shall be in charge 
of a matron or man and his wife, who shall be subject to juvenile court; 
county commissioners shall levy a tax to maintain such home or farm. Judge 
of juvenile court shall make an annual report to the governor. Jurisdiction 
over child may continue after the age of 16 is reached if such jurisdiction is 
begun before child reaches 16. 

See also H (f), Compul^sory attendance. 

Kentucky: The county court shall have jurisdiction in juvenile cases; jury 
trial shall be held when demanded. Any person who shall encourage children 
to become dependent or delinquent shall be proceeded against ; in each county 
containing a city of first class a separate room shall be provided for juvenile 
court. Any reputable person may file petition with clerk of county court 
calling attention to any neglected, dependent, or delinquent child. Terms 
"neglected," "dependent," and "delinquent" children are defined in the law; 
said terms shall include certain male children 17 years old or under and 
certain female children 38 years old or under. County court shall appoint 
one or more probation officers. Parents, guardians, or custodians shall, when 
summoned, appear in court with such children; pending disposition of case, 



822 STATE LAWS RELATING TO PUBLIC EDUCATION. 

child may be placed in care of proper person or of detention home ; court may 
commit such child to care of proper person, association, or institution ; such 
children may be given medical treatment by suitable institutions, but without 
cost to public; custodian of such child shall report to court relative to such 
child when required; religious belief of parents of child shall be considered 
in selecting place of commitment; parents shall, when able, support such 
child; such children shall be considered not as criminals, but as children in 
need of encouragement and guidance. County judge may appoint an advisory 
board of juvenile court to consist of from 6 to 10 persons; said board shall 
visit institutions, societies, or «associations receiving such children, and shall 
cooperate with judge of county court. Duties of prohation officer: To investi- 
gate reported cases of delinquency, neglect, or dependency ; represent interest 
of child in court; supervise children placed on probation; make required 
reports to court. 

See also H (f). Compulsory attendance; H (g), Child labor; U (e), Schools 
for dependents and delinquents. 

Louisiana: The juvenile court in the parish of Orleans, and the district 
courts throughout the State, outside of parish of Orleans, shall have juris- 
diction in juvenile cases; judge of the proper court shall appoint probation 
officers; probation officers shall be vested with power and authority of 
sheriffs; juvenile courts shall have jurisdiction of trial of neglected and 
delinquent children, of persons contributing to the neglect or delinquency 
of such children when offenders are not punishable by death or hard labor, 
and of all cases of desertion or nonsupport of children by either parent. 
Terms " neglected " and " delinquent " are defined in the law ; refer to certain 
persons under 17 years of age ; proceedings against such children shall be by 
affidavit made before clerk of the court by a reputable person or by district 
attorney or a probation officer upon information and belief; upon filing of 
such affidavit, court shall issue summons to persons having custody of such 
child to appear in court with such child; child shall be placed in custody of 
a reputable person during term of trial, and may be committed by the court 
to care of a suitable association or institution; no officer shall place any 
such child in any police station, jail, or lock-up; probation officer may appear 
for child in preliminary proceedings ; the trial of juveniles and adults and of 
white children and colored children shall be at separate sessions of the court ; 
commitment shall in no case be beyond minority of the child; child may be 
paroled ; child may be placed in a suitable home and supervised by probation 
officer; court shall retain jurisdiction of child at all times; clerks of courts 
shall annually make report to State board of charities and corrections rela- 
tive of neglected and delinquent children, 

Maine: See H (f). Compulsory attendance.. 

Maryland: See U (e), Schools for dependents and delinquents. 

Massachusetts: See H (g). Child labor; U (e), Schools for dependents abd 
delinquents. 

Michigan: See U (e), Schools for dependents and delinquents, 

Minnesota: See U (e). Schools for dependents and delinquents. 

Missouri: See U (e), Schools for dependents and delinquents. 

Montana: See H (f), Compulsory attendance; U (e). Schools for dependents 
and delinquents. 

Nebraska: In counties having over 40,000 population, the judges of the district 
court shall designate one of their number to hear all juvenile cases; a special 
courtroom shall be provided for the hearing of such cases. Any reputable 



U(C). JUVEmLE COURTS. 823 

person, knowing a child to be either neglected, dependent, or delinquent may- 
file with clerk of court a petition setting forth such facts. The judge having 
charge of the' juvenile docket may appoint two or more probation officers, 
one of whom shall be a woman ; in counties of over 50,000 population, there 
shall be three probation officers, the chief officer to receive $1.2(X) per year, 
and assistants $3 per day each for time actually employed. Dependent and 
neglected children under 18 years old may be committed to the care of some 
suitable institution or person, or if under 16 years old, to a State industrial 
school; such child, if necessary, may be placed in a hospital for treatment 
and care. Children under 16 years old, when arrested, may be brought before 
juvenile court instead of before justices and police magistrates. Children 
under 12 years old shall not be committed to jail. In each county the judge 
of the juvenile court may appoint a board of four visitors for purpose of 
visiting institutions of a charitable or corrective nature. County boards may 
provide detention homes for juvenile offenders. 

New Hampshire: See V (e), Schools for dependents and delinquents. 

New Jersey: When any person under 16 years old shall be brought before 
the court of general quarter sessions of the peace, or the court of special 
sessions, charged with being a vagrant or incorrigible, or with any crime, in 
any county in which there is an institution for reformation of juvenile offend- 
ers, said court may commit said person to such institution ; said court may 
commit said person to some other institution if deemed advisable ; every per- 
son so committed shall remain at the institution until 21 years old, unless 
paroled, discharged or bound out ; persons so committed and their custodians 
shall be liable for expenses at any such institution, but the proper authorities 
may remit such liability. In all counties of the first class, there shall be con- 
stituted a separate court to be known as the juvenile court; judge of such 
court shall be a counselor at law of the State, appointed by the governor, 
with advice and consent of the senate; term, five years; salary, $.5,000 per 
year; clerks of respective counties shall be clerks of said court. "Delin- 
quent child " is defined in the law ; any person having knowledge of delin- 
quent child may file with juvenile court a petition stating facts relative to 
said child; court may order the custodian of such child to appear in court 
with the child; court may commit such child to a suitable institution, or to 
the custody of a probation officer or other suitable person ; sessions of juvenile 
court may be private; case of any such child taken before any other court 
shall be transferred to the juvenile court ; juvenile court may seek the cooper- 
ation of all societies or organizations, public or private, having for their 
object the protection or aid of indigent or neglected children; court may 
arrange with such societies or organizations for the care of such children; 
board of freeholders may pay expenses of such children so placed, or may 
establish, maintain, and equip a home for temporary detention of such 
children ; custodians of such children shall be liable for their expenses ; 
court may order medical attention to be given such children, to be a county 
charge; court shall, as far as practicable, commit such children to institu- 
tions, associations, or individuals holding to same religious belief as parents 
of such children ; judge of juvenile court shall annually visit institutions 
caring for children so committed. The care, custody, and discipline of any 
child so committed shall approximate that which should be given by parents ; 
such child shall be treated, not as a criminal, but as misdirected and in need 
of aid and encouragement. 

See also H (f), Compulsory attendance; U (e), Schools for dependents and 
delinquents. 



824 STATE LAWS RELATING TO PUBLIC EDUCATION. 

New York: Any child between ages of 7 and 16 years, wlio shall commit any 
act or omission which, if he were an adult, would be considered a crime not 
punishable by death or imprisonment for life shall be guilty not of a crime 
but of delinquency. No court, magistrate, or like authority shall commit 
any child under 16 years old as a vagrant, truant, or disorderly person to any 
jail or county almshouse, but to some reformatory or other institution pro- 
vided for delinquent children. No child shall be admitted to any institution 
for orphan, destitute, vagrant, or delinquent children until examined by the 
physician of such institution and granted a certificate of mental and physical 
fitness. 

See also H (f). Compulsory attendance; U (e). Schools for dependents and 
delinquents. 

Ohio: Courts of common pleas, probate courts, and insolvency courts and 
superior courts shall have jurisdiction over juvenile cases. Judges of such 
courts shall designate one of their number to transact business arising under 
such jurisdiction; clerk of court shall keep record of juvenile cases. When 
any delinquent, neglected, or dependent minor under 18 years old shall 
come into the custody of the court such minor shall continue a ward of the 
courts until 21 years old. Any person having knowledge of a minor under 
18 years old who appears to be delinquent, neglected, or dependent may file 
with clerk of court a complaint to that effect. Upon filing of such complaint 
a citation or warrant shall issue for the minor. County commissioners shall 
provide a special room not used for trial of criminals, when available, for 
the hearing of juvenile cases. In the case of a delinquent child the judge 
may commit such child to the care and custody of a probation oflicer. and 
may alow such child to be placed in its own home or some other home under 
supervision of probation ofiicer ; or he may authorize the child to be boarded 
in a family home in case provision be made by voluntary contribution for 
payment of board; or the judge may commit such child to a training school 
or like institution ; or if child is 16 years old and has committed a felony, the 
Ohio State Reformatory. No child so committed shall be confined in any 
such institution after attaining age of 21 years. The trustees of any institu- 
tion to which a delinquent child has been committed shall have control of 
said child and may parole or discharge said child. When a minor under 18 
years old shall be found to be neglected or dependent the judge may make an 
order committing such child to the care of some suitable State or county 
institution or to care of a reputable citizen or to some training or industrial 
school or to some accredited association, to be placed in a suitable home. 
When the health of such child shall require it, the judge may place such 
child in a public hospital or in a private hospital or institution which will 
receive it without charge. No dependent or neglected child shall be com- 
mitted to the Girls' Industrial School or the Boys' Industrial School, and no 
delinquent child, unless convicted of an offense punishable by imprisonment, 
shall be committed thereto. Whoever aids, abets, induces, causes, encourages, 
or contributes to the delinquency of a minor under 18 years old shall be 
fined not less than $10 nor more than $1,000 or imprisoned not less than 10 
days nor more than one year, or both. The judge may impose a fine upon 
such delinquent not to exceed $10. Whoever is charged by law with the 
support and education of a minor under 18 years old and is able to suppor^ 
and educate such minor, but fails, refuses, or neglects to do so, or abandons 
such minor, shall be fined not less than $10 nor more than $500 or imprisoned 
not less than 10 days nor more than one year, or both. The judge may ap- 
point one or more persons, one or more of whom may be women, to serve 



U(C). JUVEOTLE COUETS. 825 

as probation officers. One of such officers shall be known as chief probation 
officer, and there may be first, second, and third assistants. Such officers 
shall receive such compensation as the judge may determine, but the com- 
pensation of the chief probation officer shall not exceed $2,500 per year, 
first assistant not to exceed $1,200 per year, second and third assistants not 
to exceed $1,000 per year. The judge may appoint other probation officers, 
with or without compensation. No more than $40 per 1,000 inhabitants shall 
be paid such officers in any county, and in no case shall more than $7,500 
be paid for such service in any county ; probation officers shall be paid from 
county treasury. Probation officers shall examine into alleged cases of de- 
linquency, neglect, or dependency ; shall represent interests of the child in 
such cases ; shall serve warrants, and may make arrests without warrant. 
All sheriffs, deputy sheriffs, constables, marshals, and police officials shall 
render assistance to probation officers when requested so to do. Upon re- 
quest of the judge, the prosecuting attorney of the county shall prosecute per- 
sons violating any provisions of this chapter. Upon advice of the judge, 
county commissioners may provide a temporary " detention house " for de- 
linquent, dependent, or neglected minors. Any child committed to any in- 
stitution or individual by the court shall become a ward of such institution 
or individual. Any person having the right to dispose of a dependent or 
neglected child may enter into an agreement with an approved institution 
for the purpose of caring for such child. Those in control of institutions 
for the care of juvenile delinquents may appoint agents for such institutions. 
All associations and institutions receiving delinquent, neglected, or dependent 
children shall be subject to the visitation, inspection, and supervision of the 
board of State charities. Such associations and institutions must first be 
certificated by said board before they shall receive any such children. No 
such association shall hereafter be incorporated unless proposed articles of 
incorporation shall have been first submitted to said board. No association 
shall bring into the State any child having a contagious disease, deformity, 
feeble mind, or vicious character. The judge in committing children shall 
place them, so far as practicable, with persons or associations of same re- 
ligious belief as such child or its parents. This chapter shall be liberally 
construed to the end that proper guardianship may be provided for the child, 
in order that it may be educated and cared for as far as practicable in such 
manner as best subserves its moral and physical welfare, and that, as far as 
practicable in proper cases, the parent, parents, or guardian of such child 
may be compelled to perform their moral and legal duty in the interest of 
the child. The judges of juvenile courts shall have jurisdiction over all mis- 
demeanors against minors. No charge shall be made by cities, towns, or 
villages for water supplied to charitable institutions. For the partial sup- 
port of por women whose husbands are dead or disabled, or whose husbands 
are prisoners or have deserted, and who are the mothers of children not 
entitled to employment certificates and have resided in State two years the 
juvenile court may give aid in the sum of $15 per month for first child and 
$7 per month each for others. County commissioners shall levy annually a 
one-tenth mill, or as much thereof as necessary, for such purpose. 

See also H (f). Compulsory attendance; U (e), Schools for dependents and 
delinquents. 
Oklahoma: "Dependent," "neglected," and ''delinquent," in their application 
to children under 16 years of age, are defined. County court shall have 
jurisdiction over juvenile cases. Any reputable person being a resident of a 
county and knowing of a child in such county who appears dependent, 



826 STATE LAWS RELATING TO PUBLIC EDUCATION. 

neglected, or delinquent may file with clerk of county court a petition 
setting forth facts, verified by affidavits, whereupon the person in control of 
such child shall be summoned to appear before the court with such child. 
Court may commit such child to the probation officer, to a suitable State insti- 
tution, or to a suitable private home; no such child shall be confined with 
adult criminals. The care, custody, and discipline of the child shall ap- 
proximate that which should be given by its parent; no delinquent child 
shall be treated as a criminal, but as misdirected and needing encouragement 
and assistance. 

See also U (e), Schools for dei)endents and delinquents. 

Oregon: See H (f), Compulsory attendance; U (e), Schools for dependents 
and delinquents. 

Pennsylvania: No child under restraint or conviction, under 16 years old, 
shall be placed with adult criminals under any conditions whatsoever. The 
powers of the court of quarter sessions of the peace may be exercised by 
anyone or more judges of such court, who may be assigned for the purpose 
at a session of said court, which shall be known as the juvenile court; and 
all sessions of such juvenile court shall be held separate from the general 
sessions of such court. In each county containing a population of not less 
than 300,000 and not more than 1,200,000, there shall be equipped for the care, 
maintenance, and instruction of such children as may be committed thereto 
by the juvenile courts, a school for such children; board of managers for 
each such school shall be composed of nine members, three appointed each 
year, term, three years — the same to be appointed by the judges of the court 
of common pleas and county commissioners. Such schools shall offer instruc- 
tion in the common branches, and shall give manual and moral instruction; 
such schools shall be established on farms and shall be maintained out of 
county funds. 

Rhode Island: Minors under age of 16 years, when charged with any misde- 
meanor or crime, shall be arraigned and tried separate and apart from other 
cases; in juvenile cases no court fees shall be allowed or taxed against the 
respondent. Juvenile offenders may be committed to a proper institution 
or to the care of a probation officer or to the State board of charities and 
corrections. 

See also U (e). Schools for dependents and delinquents. 

South Carolina: See U (e), Schools for dependents and delinquents. 

South Dakota: See U (e). Schools for dependents and delinquents. 

Tennessee: This act shall apply to dependent and delinquent children under 
16 years old. County judge or chairman of county court shall have jurisdic- 
tion under this act, except as hereinafter provided. Any reputable person 
having knowledge of a child in his county "who appears to be dependent or 
delinquent may file complaint with clerk of juvenile court ; thereupon a sum- 
mons shall be issued to person having charge of such child directing such 
person to present such child in court. Judge of court may appoint one or 
more probation officers to represent children in court and to have charge of 
such children before and after trial if so directed by the court. Court may 
commit any child found dependent or delinquent to some suitable State 
institution or person or to other approved institution or association. In case 
of a delinquent child, case may be continued from time to time and child 
may be committed to care of probation officer or may be permitted to remain 
at home subject to visitation of probation officer, or may be placed in a suit- 
able family home, or may be committed to a reform school or industrial school. 



U (C). JUVENILE COURTS. 827 

Child shall not be committed beyond the age of 21 ; court may assume guard- 
ianship over child until such age is reached. A child charged with rape 
or murder in the first or second degree shall be remanded for trial in the 
regular courts; other cases involving children under 16 shall be transferred 
from regular courts to juvenile court. No court shall comrnit a child to a 
jail or lockup as punishment. Court may appoint a board of three visitors 
to visit institutions in the county which are authorized to receive children 
under this act. Misdemeanor to contribute to dependency or delinquency of 
children. In counties having a population of over 148,000 and in counties 
having between 33,600 and 33,700 population, the city judge of the county 
seat shall be judge of the juvenile court. This act shall not apply to coun- 
ties having between 70,000 and 90,000 population. 

See also H (f). Compulsory attendance; U (e). Schools for dependents and 
delinquents. 

Texas: See U (e). Schools for dependents and delinquents. 

Utah: There shall be a juvenile court in judicial districts containing cities of 
first or second class ; judge of said court shall be appointed by juvenile com- 
mission ; district courts in other judicial districts shall have jurisdiction over 
juvenile cases; juvenile court may commit dependent, neglected, or delinquent 
children to care of suitable persons or institutions ; juvenile court commission 
shall appoint one or more probation officers for each county. The proper 
officer may apprehend without warrant and bring before the proper court 
any dependent neglected child; this provision shall apply only to boys under 
14 years and to girls under 16 years old; such children may be committed 
to care of some suitable society. In any incorporated municipality children 
under age of 16 years shall not be confined in any jail or lockup. In coun- 
ties containing cities of first or of second class, detention schools may be 
established and maintained ; juvenile delinquents may be kept in such schools 
until their cases are finally disposed of; the board of education or district 
school board shall provide children in such school with textbooks and sup- 
plies. 

See also A (f). Administrative units — districts, etc.; H (g) Child labor. 

Vermont: This act shall apply to children under 16 years old; such child 
may become ward of court until of age. " Delinquent child " and " neglected 
child" are defined. Probate courts shall have jurisdiction over juvenile 
cases. Upon filing by a reputable person with said court of a petition call- 
ing attention to a delinquent or neglected child, said court shall summon the 
person in parental relation to the child to appear with such child before the 
court. Probation officer shall investigate and report cases of delinquency and 
neglect. Delinquent or neglected children may be committed to some State 
institution or to care of a reputable citizen or to some suitable association; 
such child may be given medical treatment when needed by some institu- 
tion where such treatment is given without charge. Such child shall become 
ward of person, institution, or association caring for it, but guardianship 
shall not include estate of child. While juvenile case is pending, child shall 
be in custody of proper officer or shall be kept in some suitable place. No 
child under 16 years old shall be confined in any jail or prison unless charged 
with a crime punishable by death. The care, custody, and discipline of such 
child shall approximate as nearly as possible that which should be given by 
its parents ; the restraint of a delinquent child shall tend toward his reforma- 
tion rather than to his punishment as a criminal. 

See also H (f), Compulsory attendance; U (e), Schools for dependents and 
delinquents. 



828 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Virginia: Any court of record of general criminal jurisdiction and police and 
justice courts may commit to the care and custody of the State board of chari- 
ties and corrections, or any society, association, or reformatory approved 
by said board and duly chartered, delinquent, dependent, or neglected chil- 
dren ; delinquent children under 12 years old shall be committed to board of 
charities and corrections; commitments shall be indeterminate, but shall 
not extend beyond the age of 21. Said board and societies may place chil- 
ren so committed in a suitable home until the age of 21 is reached. "De- 
linquent children " shall include offenders under 18 years old ; " dependent 
children " and " neglected children," those under 16 years old who are de- 
pendent in some manner on the public for support. Except in aggravated 
cases, no court shall commit a child under 18 years old to a jail, workhouse, 
or police station, nor send such child to the grand jury, nor sentence child to 
the penitentiary, but commitment may be made to a reformatory. Court 
may compel parents to contribute in part to the support of a child. When 
health or mental condition of child requires it, as shown by medical exam- 
ination, court may cause child to be placed in a public hospital school. Court 
may appoint one or more probation officers; any child charged with delin- 
quency may be released on probation and in charge of a probation officer; 
at end of prcJbation period court may dismiss child on favorable report of 
probation officer. Societies receiving children under this act shall be subject 
to inspection by the board of charities and corrections. The council of any 
city having a popuation of 50,000 or more may elect a special justice of the 
peace, to be known as the justice of the juvenile and domestic relations court. 

Washington: "Delinquent child" and "dependent child" are defined; law 
shall apply to all such children under age of 18 years; all dependent or de- 
linquent children shall be wards of the State. Superior courts shall have 
jurisdiction in juvenile cases; in counties containing 30,000 or more inhabit- 
ants, judges of such courts shall designate one of their number to hear 
juvenile cases. The court or judge may designate one or more persons to 
act as probation officers who shall receive no compensation from the public 
treasury; su'ch probation officer shall make inquiries concerning the case of 
such child, and shall have custody of such child ; in counties containing over 
30,000 inhabitants probation officers may receive such compensation as may 
be fixed by county commissioners, such officers to have charge of houses of 
detention ; probation officers shall have jwlice powers relative to care, custody, 
and control of delinquent and dependent children. Any person may file with 
clerk of the superior court a petition calling attention to a dependent or delin- 
quent child; probation officer shall investigate claims of such petition; clerk 
shall summon person in parental relation to such child to appear in court 
with such child ; pending the final disposition of such case, child may be re- 
tained in possession of person having charge of same, or may be kept in some 
suitable place provided for the purpose. Any dependent or delinquent child 
under 18 years old may be committed by the court to some suitable institution, 
or to care of a reputable citizen, or to some training or industrial school, or to 
care of some association organized for such purposes; order of commitment 
may be permanent or temporary, and may be revoked for good cause ; persons 
in parental relation shall, if able so to do, support such children; in cases 
of indigency, the county shall support such children wherever committed at 
cost not to exceed $12 per month per child, but for no longer a period than six 
months unless a new order is secured at expiration of such period. Court 
proceedings in juvenile cases may be conducted in rooms especially set apart 
for the purpose. No court or magistrate shall commit a child under 16 years 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 829 

old to a jail, common lockup, or police station. No cMld shall be sentenced 
to confinement in any place with ndult convicts. Juvenile cases taken before 
a justice of the peace or magistrate shall be transferred to juvenile court. 
Counties containing more than 50,000 inhabitants shall, and other countries 
may, provide and maintain detention rooms for sheltering dependent and 
delinquent minors. Purpose of this act shall be to provide other means for 
the maintenance, training, and education of children who can not or do not 
receive the same at the hands of persons in parental relation to such children. 
Any person who contributes to the delinquence of such child shall be guilty 
of a misdemeanor. Judge of juvenile court may appoint a county board of 
visitation w^hich shall visit persons, institutions, and associations within such 
county which care for dependent and delinquent children, and said board shall 
report its findings to said judge and the court; such board shall consist of 
four reputable citizens and shall receive traveling expenses officially incurred. 
With permission of persons in parental relation to such children, such children 
may be adopted by suitable persons, but such guardianship shall not include 
the property rights of such child. 

See also H (f), Compulsory attendance. 

West Virginia: See U (e), Schools for dependents and delinquents. 

Wisconsin: See H (f). Compulsory attendance; U (e). Schools for dependents 
arul delinquents. 

Wyoming: See U (e), Schools for dependents and delinquents. 



U (d). Conduct of Children. 

See I, School discipline; U (c), Juvenile courts. 



U (e). Truant, Detention, Reform Schools, and Schools for Dependents. 

See also H (f), Compulsory attendance; U (c), Juvenile courts. 
Alabama: Board of directors. — Governor, commissioner of agriculture and 
Industries, attorney general, and seven women; as nearly as possible one- 
third of appointive members retire biennially and vacancies filled by con- 
tinuing members. Delinquent and dependent white boys 6 to 18 years old 
may be admitted; boys may be committed by parents under regulations of 
board ; any justice of the supreme court, chancellor, judge of probate, circuit 
judge, or judge of any city or criminal court may commit boys for good 
and sufllcient cause ; appeal from order of commitment may be taken within 
five days; boy committed shall be kept until 21 years old, unless sooner dis- 
missed by the board ; ex officio members of board shall visit school annually 
and report to legislature ; criminal boys 7 to 16 may, in lieu of a sentence to 
the penitentiary or hard labor, be committed to the institution; institution 
shall have exclusive control of child; inmates shall be given instruction, 
including trade training ; annual appropriation, $150 per pupil. 

A reform school for training juvenile negro lawbreakers is established at 
Mount Meigs. Trustees: Governor, State superintendent, and seven members 
appointed by the governor; course of instruction shall include common-school 
branches and industrial and agricultural instruction; trustees empowered to 
elect and remove teachers and officers; trustees may make rules and regula- 
tions for the government of the school; annual appropriation $1.75 per week 
for each pupil. 



830 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Arizona; There is established at Fort Grant an institution for the confine- 
ment, discipline, education, employment, and reformation of juvenile offenders. 
Said institution shall be under management of the State board of control, 
consisting of the governor. State auditor, and one citizen appointed by the 
governor. Board shall appoint a superintendent and assistant at salaries of 
not exceeding $1,800 and $1,000, respectively ; they shall appoint other neces- 
sary officers and teachers. Male and female inmates shall be kept separate 
without means of communication. In case a child is committed at the in- 
stance of parent or guardian, expenses of such child, including transportation, 
shall be borne by said parent or guardian, unless by reason of poverty of said 
parent or guardian board of control shall otherwise direct. Fine of between 
$200 and $1,000 to aid an inmate to escape or to harbor or secrete an inmate 
after escape; if such offender be under 16 years old, he shall be committed 
to said school. Sheriff of any county shall execute writs of commitment 
issued therein. 

Arkansas: A State reform school is located at Little Rock. County judges 
may commit to such school children between 3 and 15 years old who live in 
houses of bad character or frequent the company of immoral persons. 
See also H (f). Compulsory attendance, 

California: The Preston School of Industry shaU. be under control of board 
of three trustees appointed by the governor ; term four years ; no trustee shall 
be interested in contract of school; trustees shall receive no compensation, 
but shall be allowed official expenses; board shall appoint a superintendent, 
a military instructor, and a secretary, who shall give bond, and shall fix their 
salaries within limits set by law ; board shall meet once every three months ; 
superintendent shall, except as herein provided, appoint officers and other 
employees and fix their salaries. Instruction shall be in military, public- 
school, and vocational subjects ; inmates shall wear uniforms, but not convict 
stripes. Any boy between ages of 8 and 18 years, of sound mind, convicted 
of crime not punishable by life imprisonment or death, may be committed by 
the magistrate or court to said school; commitment by police court or by 
justice of the peace must be approved by judge of county superior court; 
commitment shall not extend beyond minority of such boy. Board may give 
honorable dismissal to inmates deserving the same; may parole inmates; may 
return incorrigibles to court. Any person who aids an inmate to escape or 
harbors such inmate shall be guilty of a misdemeanor. Board shall contract 
for supplies, letting contracts to lowest responsible bidders. 

California School for Girls shall be under control of board of five trustees, 
appointed by governor, to serve four years; said board shall appoint a woman 
as superintendent of said school and fix her salary. Said superintendent 
shall appoint officers and employees ; shall file bond in sum of $10,000. Object 
of said school shall be the confinement, discipline, and instruction of girls 
lawfully committed thereto; public-school subjects shall be taught and voca- 
tional training given; merit system shall be established in said school; in- 
mates may be paroled ; for good cause inmates may be discharged ; said board 
may allow inmates pay in lieu of clothing and other necessary articles to 
better promote discipline and training. 

Whittier State School shall be under control of board of three trustees ap- 
pointed by governor, with advice and consent of senate ; term, four years ; board 
shall be a body cori)orate; no trustee shall be interested in any contract of 
school ; shall make by-laws ; shall purchase supplies ; shall appoint, prescribe 
duties, and fix compensation of a superintendent and other employees; shall 
make biennial report to governor, to be laid before legislature ; shall receive no 



U (e). SCHOOLS FOB DEPENDENTS AND DELINQUENTS. 831 

compensation, but shall be allowed official expenses. Boys between ages of 8 
and 19 years and girls between ages of 8 and 18 years may, when convicted 
of any offense not pmiishable by life imprisonment or death, be committed by 
proper court to said school ; sexes shall be separated in said institution ; com- 
mitment shall not extend beyond minority of such boy or girl ; dependent or 
delinquent children may be committed to said school ; inmates may be honor- 
ably dismissed, paroled, or, when incorrigible, returned to court. No person 
shall aid any inmate to escape or harbor such inmate. Parents or guardians 
shall, when able, pay expenses of inmates, otherwise cost shall be a charge 
against county of inmate's residence. Said board may contract with suitable 
persons, charitable institutions, or associations for care of female inmates. 

State reformatory shall be under control of State board of prison directors. 
Any male person between ages of 16 and 30 years convicted of a felony for the 
first time may be committed to said institution. Instruction shall be given in 
elementary-school courses and in practical pursuits. 

See also H (f). Compulsory attendance; U (c). Juvenile courts. 
Colorado: A "delinquent child" is a child under 16 years old, not an inmate 
of an institution, who violates any law or city or village ordinance or commits 
any one of certain other offenses enumerated in this act ; law defining delin- 
quency shall include all girls imder 18 years old. 

In cities of 100,000 population or more there shall be maintained one or 
more parental or truant schools. Board of education shall control, and may 
appoint a superintendent, teachers, and other necessary employees. No re- 
ligious instruction shall be given, ercept such as is allowed by law in the 
public schools. Truant officer or agent shall petition and any reputable citi- 
zen may petition the county court to inquire into the case of a child of com- 
pulsory school age not attending school or who persistently violates the rules 
of the public schools ; such petition shall state the names of parents or guard- 
ian, if there be such, and shall show whether said parent or guardian is will- 
ing to have child committed to truant school ; county judge shall determine 
the application and may commit said child until the age of 14 is reached ; 
parent or guardian may appear and resist commitment; no child shall be 
committed who has ever been convicted of an offense punished by confinement 
in a penal institution. It shall be the duty of the parent or guardian of any 
child committed to pay the actual cost of board and clothing of said child. 
Board of education may make rules providing for the parole of inmates; 
principal of school to which child is paroled shall report monthly to superin- 
tendent of truant school as to attendance and conduct of said child; if 
attendance and conduct are good for one year, child shall be finally dis- 
charged ; if a child violates within one year the conditions of a parole, he shall 
on order of the court be returned to said school and may not be paroled 
again within three months ; for a second violation of a parole he shall be re- 
turned and may not be paroled again within one year.' County court may 
commit an incorrigible inmate to some juvenile reformatory. In cities of 
25,000 to 100,000 population the board of education may establish a truant 
school if authorized by vote of the qualified electors. 

There is established at or near Denver a State home for dependent and neg- 
lected children under 16 years old ; such children shall be of sound mind and 
body, but board of control may admit any dependent or neglected child. 
Board of control shall consist of five members, no more than two of whom 
shall belong to the same political party, and at least two of whom shall be 
women; appointed by the governor; term, six years, one being appointed 
each year, as the case requires. Object of the home shall be to provide a 



832 STATE LAWS RELATING TO PUBLIC EDUCATION. 

home for dependent and neglected children until the age of 16 is reached, but 
board may retain them longer; board may place such children in suitable 
family homes. Board shall be guardian of such children until they reach 
their majority or become self-supporting. Board may return to county from 
which children came those who have reached 16 years of age and can not be 
placed in family homes, those of vicious habits or who are incorrigible, or 
those of unsound mind or body. 

A State industrial school for girls is established at or near Denver. Board 
of control shall consist of five members, three of whom shall be women, 
appointed by the governor; term, five years, one being appointed each year. 
Board shall appoint a woman as superintendent. The county from which 
any girl is committed shall be liable for the expenses of such girl to the 
extent of 50 cents a day. Bach girl committed shall be detained in said 
school until reformed and discharged by the board or until she reaches the 
age of 21 years. Girls shall be thoroughly trained in household work. When 
it shall appear that any girl will remain at liberty without violating the 
law and that her release will not be incompatible with the general welfare 
or detrimental to her own good, such girl may be released. Board may place 
any girl in a home of good moral character. Superintendent shall keep a 
record of all proceedings of the institution, including conduct of officers and 
inmates. Board may parole any girl who shall have become sufficiently 
reformed, but for incorrigibility she may be returned to the school without 
further process. When any girl between 6 and 18 years old shall violate 
any law, except where the penalty is death or imprisonment for life, the 
court before whom the conviction is had may sentence such girl to the 
industrial school; commitment shall be during minority or until girl is 
discharged by law or by the board of control. The district and county courts 
shall have original jurisdiction in said cases. Peace officers may arrest any 
girl wandering around improper places at improper hours, and said girl may 
be committed to the industrial school. The board of control may return to 
county whence committed any improper subject for its care and management. 
No girl after sentence shall be confined in a county or city jail. School shall 
be nonsectarian. 

The old school of mines building and grounds at Golden are constituted 
a State industrial school for boys. Board of control shall consist of three 
members, appointed by the governor; term, six years, one being appointed 
every two years; said board shall report biennially to the State superin- 
tendent, who shall transmit the same to the legislature; board shall make 
rules for the government of said school and shall appoint a superintendent 
and other employees. Any boy between 10 and 16 years old who may be 
convicted of violating any law, except one for which the penalty is death 
or life imprisonment, may be committed to said school during his minority 
or until discharged by the board of control ; district and county courts shall 
have jurisdiction; cases may be instituted upon the sworn complaint to 
the district attorney of any credible person; parent or guardian may inden- 
ture a boy to said school, but must pay expenses. Board may place any boy 
committed to said school in the care of a head of a family who is of good 
moral character; board shall return any boy to the county whence com- 
mitted when he shall prove incorrigible or otherwise prejudicial to discipline ; 
board may let a boy out on parole, but for misconduct he may be returned to 
the school without further trial or commitment ; board may discharge a boy 
when he shall become so far reformed as to justify the same. 

See also H (f), Compulsory attendance. 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 833 

Connecticut: For the protection of dependent, neglected, and cruelly treated 
children, and in immoral surroundings, who are between 4 and 18 years old, 
there shall be provided county " temporary homes " ; no such home shall be 
located within one-half mile of any penal or pauper institution; children 
shall be kept in such homes only for such time as is necessary for placing 
them in suitable family homes. Any court of probate or any city, town, or 
borough court may commit any such child to the care of any temporary 
home, if such child be a male, until 16 years old, and if a female, until 
18 years old, unless sooner discharged by the board of management of said 
temporary home ; said board may place any such child in a private family, 
or chartered orphan asylum, or children's home in the State wherein such 
child will be accepted for the period committed. Board of management 
shall present to State comptroller a bill for $2.50 per week for the care of 
each child, and the same shall be paid by the State. 

The necessary extra expense incurred by any town or school district in 
providing school accommodations for any temporary home located therein 
shall be paid by the county; the board of managers of temporary homes 
in any county shall be the judge of what are necessary extra expenses. Chil- 
dren inmates of county homes shall be enumerated in the town or district 
where said home is located. The county commissioners may maintain schools 
at county homes, in which case said schools shall receive their proportion 
of the State funds. County commissioners may employ teachers for said 
schools, but only those holding certificates from the State board of educa- 
tion shall be employed; said board shall appoint an acting visitor to visit 
said schools at least twice each term. State board of education may provide 
books and apparatus to be used in schools in charge of said board of county 
temporary homes, but sum paid for same shall not exceed $10 for each 
school, or $10 for each 100 pupils or fraction thereof where school has more 
than 100 pupils. Whenever any town wholly maintains the school at the 
county home it shall be reimbursed by the county. 

The Connecticut Industrial School for Girls shall, so long as it remains 
incorporated and maintains a school for the benefit of children connected 
therewith, be a separate district. The directors of said school shall be the 
school committee of said district and shall have all the powers and duties 
of town school visitors. The treasurer of said school shall annually draw 
an order in favor of said district on the treasurer of the town for the pro- 
portionate amount to which said district may be entitled of all moneys ap- 
propriated by law. The parent or guardian of any girl between 8 and 16 
years old, or any informing officer of the town, may present a complaint to 
the judge of the probate court or to any justice of the peace of the town, or 

. to the judge of the police court of the city where she may be found, alleging 
that she has committed an offense within the final jurisdiction of a justice of 
the peace, or is rude, incorrigible, or an habitual truant, or that she is 
dependent, neglected, cruelly treated, or growing up in immoral surroundings, 
and said judge or justice shall inquire into the complaint and may order 
said girl to be committed to the guardianship and control of the industrial 
school for girls until the age of 21 is reached, unless sooner discharged by 
law; if girl is found to have committed an offense punishable by imprison- 
ment, she may me committed to said school, or judgment may be suspended ; 
this chapter shall not deprive any girl over 14 of the privilege of choosing 
her own guardian. Appeal to the criminal court of common pleas shall lie 
from the commitment of any minor to the Connecticut School for Boys, the 
Industrial School for Girls, any county home for dependent or neglected' 
3966°— 15 53 



834 STATE LAWS EELATING TO PUBLIC EDUCATION. 

children, or any institution chartered by the legislature for similar pur- 
poses ; in cases not in the jurisdiction of the criminal court of common pleas, 
appeal shall lie to the criminal term of the superior court. (Complaints 
charging a minor with crime shall, on appeal, be tried by jury, but all other 
cases shall be tried by the judge. 

No court or justice of the peace shall commit any child under 16 years 
old as vicious, truant, or incorrigible to any jail, almshouse, or workhouse. 
When any boy under 16 years old shall be convicted of any crime or mis- 
demeanor punishable by fine or imprisonment, other than imprisonment for 
life, the court or justice of the peace may commit such boy to the Con- 
necticut School for Boys until the age of 21 is reached, or until discharged by 
the trustees thereof. The following classes of boys may be committed: 
(1) Any boy under 16 liable to punishment by imprisonment; (2) with con- 
sent of parent or guardian, any boy under 16 charged with a crime or mis- 
demeanor; (3) any boy under 16 who is destitute of a suitable home; (4) 
any boy under 16 who is incorrigible, vagrant, or resorts to immoral places. 
No boy under 10 years old shall be committed to said school, except upon 
conviction of an offense punishable by imprisonment in the State prison or 
county jail. 

See also H (f), Compulsory attendance. 

Delaware: Twelve persons named and their successors are constituted a body 
corporate by the name of the Delaware Industrial School for Girls; the 
governor. State treasurer ; State auditor, and judge of the juvenile court of 
Wilmington are added to said board. Said school shall have the care and 
guardianship of any girl under 18 years old who may be committed thereto 
by law. Any municipal court or justice of the peace may commit any girl 
under 18 years old who is incorrigible, or vicious, or in danger of falling 
into vice, or any girl of said age guilty of vagrancy or habitual truancy; 
the court of general sessions of any county or said municipal judge or 
justice of the peace may commit any girl under 18 who is charged with 
any offense other than murder or arson. Commitment shall be until dis- 
charged under the regulations of said corporation, but no girl shall be de- 
tained beyond the age of 21. Any girl committed by any court other than 
the court of general sessions of the State may appeal to the resident asso- 
ciate judge of New Castle County. 

See also H (f), Compulsory attendance. 

Florida: The Florida Industrial School for Boys is established at Marianna.. 
Board of managers shall consist of five members apjKDinted by the governor; 
term, four years; said managers shall have charge of said school subject to 
board of commissioners of State institutions. Managers shall maintain in 
such school a system of industrial training; only boy offenders shall be 
committed to said school. 

Georgia: Whenever the grand jury of any county having a population of 
30,000 or more shall recommend the establishment of an industrial farm for 
" misdemeanor convicts " under 16 years old, the ordinary of said county 
shall call an election to decide whether such farm shall be established. 
Purpose of farm shall be to reform such juvenile offenders as may be com- 
mitted thereto. County ordinary shall provide site and buildings. Farm 
shall, so far as possible, be made self-sustaining. The sexes and white and 
colored inmates shall be kept separate. Ordinary shall appoint a superin- 
tendent, chaplain, and other necessary officers and employees. "Misde- 
meanor convicts " under 16 years old may, by any court of the county before 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 835 

which contacted, be committed to . industrial farm or sentenced to chain 
gang. In all counties having over 100,000 population, commitments to farm 
shall be during minority of offender, unless authorities in charge shall 
sooner discharge inmate ; said authorities may bind out such inmates during 
their minority. Ordinary of county may raise funds to carry out provisions 
of this act; in counties having county commissioners, said commissioners 
shall exercise powers herein conferred upon ordinary. Any municipality 
having 30,000 population or more may in like manner establish an indus- 
trial farm. 

See also U (c), Juvenile courts. 

Idaho: The Idaho Industrial Training School is established at St. Anthony. 
Purpose: Care and training of dependent and delinquent children and juvenile 
offenders. State board of education is board of trustees. Trustees shall have 
power to let contracts and supervise construction of buildings, which shall be 
on the "cottage plan." Board shall control funds; shall appoint a superin- 
tendent and may remove him for cause ; on recommendation of superintendent, 
board shall appoint assistant. Officers, teachers, etc., shall be appointed by 
superintendent with consent of trustees who shall fix salaries. Superintend- 
ent shall make monthly report. State superintendent shall prescribe course of 
study. Said school constitutes an independent district. President and secre- 
tary of trustees shall report semiannually to governor. State board of land 
commissioners shall set aside 40,000 acres for use and benefit of school. 
Course of study shall include common branches and manual training for boys 
and household arts for girls. 

See also H (f), Compulsory attendance. 

Illinois: Boards of education and school directors may establish and maintain 
classes and schools for delinquent children committed by courts of competent 
jurisdiction. No person shall be employed to teach in such class or school 
who does not hold a certificate of qualification to teach in the same. State 
shall pay the excess cost per pupil in such classes over the cost of instruction 
of normal pupils. Such schools shall be subject to the supervision of the State 
superintendent. 

In cities having over 100,000 inhabitants there may be established one or 
more truant schools for the confinement, discipline, instruction, and mainte- 
nance of children of compulsory school age ; sites and buildings may be pro- 
vided and furnished in the same manner as for public schools. Board of 
education may employ a superintendent, teachers, and other necessary officers, 
prescribe course of study, and otherwise govern the school. No religious in- 
struction shall be given, except such as allowed by law. On petition of the 
truant officer or any reputable citizen any child of compulsory school age 
who is not in school or is an habitual truant or persistent violator of the rules 
of the school shall be brought before the county or circuit court and said 
court may commit said child to said truant school, but no child shall be com- 
mitted who has ever been convicted of an offense punishable by confinement 
in any penal institution. Parent or guardian shall furnish child with cloth- 
ing. Commitment shall be until the age of 14 is reached, unless child la 
sooner paroled under rules to be prescribed by board of education. Principal 
of school to which paroled child is returned shall report monthly to super- 
intendent of truant school regarding such child's conduct and after one year 
child may be finally released ; child violating conditions of parole shall be re- 
turned to truant school and may not be released for three months; a second 
violation shall entail a commitment for one year before parole may again be 



836 STATE LAWS KELATING TO PUBLIC EDUCATION. 

had. An iucorrigible inmate may by the county or circuit court be committed 
to a juvenile reformatory. In cities of 25,000 to 100,000 population, boards of 
education may establish a truant school if authorized by a majority vote of 
the qualified electors. 

See also U (c), Juvenile courts. 

Indiana: The Indiana Boys' School shall be under the general supervision and 
government of a board of control, consisting of three commissioners, appointed 
by the governor, by and with the advice and consent of the senate, to serA^e 
four years; said board shall meet at least once each month; each commis- 
sioner shall receive an annual salary of $500. Said board shall appoint and 
fix salaries of all employees; may make rules, regulations, and by-laws. Su- 
perintendent of said school must file bond in sum of $10,000 ; shall have im- 
mediate charge of affairs of the school; shall purchase supplies subject to 
approval of said board. Said board shall make annual report to governor, 
to be laid before the legislature. Vicious, vagrant, or incorrigible boys be- 
tween the ages of 7 and 18 years, when committed by a court of competent 
jurisdiction, shall be received into said school; inmates shall remain in said 
institution until 21 years old, but in the discretion of the board they may be 
discharged upon reaching the age of 18 years. Boys between the ages of 8 
and 16 years, guilty of crime, may be committed to said school instead of to 
jail or prison ; inmates over 17 years old may be temporarily transferred by 
said board, with consent of the governor, to the Indiana Reformatory. No 
boy of unsound mind or suffering from any contagious disease shall be re- 
ceived into said school. Said board may parole inmates. Inmates under the 
age of 16 years shall be instructed in principles of reading, writing, and 
arithmetic. 

The Indiana Girls' School shall be under the general supervision and gov- 
ernment of a board of trustees, consisting of four women, appointed by the 
governor, to serve four years; not more than two of said trustees shall have 
the same political affiliation or belief; each trustee shall receive an annual 
salary of $300 and traveling expenses not to exceed $125 annually. Said 
board shall, with approval of the governor, appoint a superintendent, who 
shall be a woman. Superintendent shall file bond in sum of $10,000; shall, 
subject to approval of board, appoint all officers and employees. Said board 
may make rules, regulations, and by-laws; shall make annual report to gov- 
ernor, to be laid before the legislature. Any court of competent jurisdiction 
may, for sufficient cause, commit any girl between the ages of 10 and 18 
years to said school ; inmates shall remain at said school until 20 years old, 
unless sooner discharged by said board. The governor may commute the 
punishment of girls under the age of 20 years^ sentenced to jail or prison, to 
commitment to said school. With the approval of the governor, inmates over 
the age of 18 years may, for good cause, be temporarily transferred to the 
Indiana Woman's Prison. No girl of unsound mind or suffering from a con- 
tagious disease shall be received into said school. Said board may place 
inmates in suitable homes. Interference with any inmate of said school shall 
constitute a misdemeanor. Inmates shall receive instruction in the industries 
and in such other branches as will lead to their reformation. 
See also H (f), Compulsory attendance; U (c), Juvenile courts. 

Iowa: An industrial school for girls is established at Mitchellville ; it shall be 
under the control and management of the board of control of State institutions. 
When any girl between 10 and 18 years old of sound mind, except married 
women, prostitutes, and girls who are pregnant, shall be found guilty in a 
court of record of any crime except that of murder, the court may commit 
said girl to the industrial school for girls until the age of 21 is reached. On 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 837 

complaint of parent or guardian tliat any girl over 10 and under IS years old, 
a child or ward of said parent or guardian, is habitually vagrant, disorderly, 
or incorrigible, the judge of a court of record may commit said girl to the 
industrial school for girls until the age of 21 is reached, but no married 
woman, prostitute, or girl who is pregnant may be thus committed ; court may 
require parent or guardian to pay expenses of said girl, including board. 

An industrial school for boys is located at Eldora ; it shall be under the 
control and management of the board of control of State institutions. When 
a boy between 10 and 18 years old and of sound mind shall be found guilty 
in any court of record of any crime except murder the court may commit such 
boy to the industrial school until the age of 21 is reached. On complaint of 
parent or guardian that any boy between 10 and 18 years old. a child or 
ward of such parent or guardian, is habitually vagrant, disorderly, or incor- 
rigible, the judge of a court of record may commit said boy to the industrial 
school until the age of 21 is reached, but the court may in its discretion 
require parent or guardian to pay expenses, including boy's board. 

See also H (f), Compulsory attendance. 
Kansas: A State industrial school for girls is established at Beloit; controlled 
by State board of corrections. When a girl under the age of 18 is convicted 
of offense punishable by imprisonment the court or justice, as the case may 
be, may sentence such girl to the State industrial school for girls. Commit- 
ment shall be until the age of 21 is reached, unless superintendent shall sooner 
report girl reformed, or girl is placed by board in a suitable home, or is in- 
dentured on probation or released on probation. 

The State board of corrections shall have the management of the State 
industrial school for boys. Courts of record and probate courts may commit 
to such industrial school (1) any boy under 16 years old who has been con- 
victed of violating the law; (2) any boy under 16 who is charged with an 
offense punishable with imprisonment, if parent or guardian consents; (3) 
any boy under 16 who is incorrigible, vagrant, or immoral. Commitment shall 
■ be until the age of 21 is reached, unless superintendent shall sooner report 
boy reformed, or boy is indentured as an apprentice, or board shall release 
him on probation, Said school is located at Topeka. 

A trades school is established in connection with the State industrial re- 
formatory at Hutchinson for males between 16 and 25 years old. 

See also U (c), Juvenile courts. 
Kentucky: In all counties where there is a city of the first class there shall 
be created a bipartisan commission composed of seven persons, two of whom 
shall be women and three of whom shall belong to the same political party as 
the county judge, who shall be a body politic and corporate and be known 
as the Parental Home and School Commission. It shall be appointed by the 
county judge for a term of two years and serve without pay. It shall have 
I>ower to appoint a superintendent at a salary of not exceeding $2,000 and 
such other employees as may be necessary ; to rent and purchase farm lands ; 
erect, equip, conduct, and maintain suitable buildings and grounds for the 
care and training of such children as may be committed to it by order of 
county judge or juvenile-court judge. To provide money for its needs the 
fiscal court shall levy a tax of 2 cents on the hundred dollars and set the same 
apart as a separate fund for purchase of farm lands and erection and equip- 
ment of buildings; any fund hitherto set apart by fiscal court for care and 
custody of dependent children, and all sums derived from taxation for pur- 
chase of lands and for care and custody of dei>endent children, shall be paid 
over to the commission. 



838 STATE LAWS RELATING TO PUBLIC EDUCATION. 

House of Reform for Girls and the House of Reform for Boys shall be 
under control of board of penitentiary commissioners. Said board shall, sub- 
ject to approval of governor, appoint and fix salaries of oflacers and other 
employees of said institutions; may receive property for benefit of said insti- 
tutions ; shall meet every three months ; shall adopt by-laws. " Cottage 
family plan " shall be adopted. At least two of trustees, one woman and one 
man, shall visit each institution once each month. Inmates may be appren- 
ticed to suitable persons. Upon complaint of parent, guardian, or proper 
officer that any boy or girl under age of 18 years is delinquent, court may 
commit such boy or girl to the proper house of reform ; such boys or girls 
arrested or convicted of certain crimes may be so committed; commitment 
shall not extend beyond minority of such child. No person shall entice away 
or harbor an escaped inmate. Equal privileges shall be given to the several 
denominations in giving religious instruction. Said board may, at any time, 
discharge any inmate for good cause. Inmates shall be instructed in common- 
school branches and in the industries. First offenders under 21 years old 
shall, when convicted of certain crimes, be committed to said institutions; 
inmates may be paroled or hired out; white and colored inmates shall be 
separated. 

See also H (f), Compulsory attendance; U (c), Juvenile courts. 

Louisiana: State reform school shall be under control of board of three com- 
missioners appointed by governor, by and with advice and consent of the 
senate; commissioners shall be allowed expenses officially incurred; all male 
persons 18 years of age or less, convicted of crime, except that of murder, 
manslaughter, or YRjye, shall be confined in said school; white and colored 
inmates shall be separated; inmates shall receive educational, moral, indus- 
trial, and agricultural training ; inmates may be paroled, and board may make 
rules for commutation of sentences. 

See also A (b2). State officers; U (c), Juvenile courts. 

Maine: See H (f). Compulsory attendance; T (e), Schools for feeble-minded. 

Maryland: Act of 1914 defines term '^dependent and neglected child," as any 
male under 20 or female under 18 who is destitute, homeless, abandoned, or 
dependent on public or without proper parental care or guardianship; judges 
of the courts of the third judicial circuit, sitting as court of equity, shall have 
full power to deal with such cases ; any person of respectable standing shall 
have authority by written petition to bring such cases before the court, which 
shall appoint one or more probation officers; salary and expenses of same 
provided for ; court may allow child coming under this act to remain at home 
under supervision of probation officer and report to court; or court may re- 
move child from care of parent and commit it to custody of " the probation 
officer or other agency, or to some suitable institution " or place it " in the 
home of some suitable family " ; some responsible representative shall be 
appointed as guardian and shall visit family once every three months; no 
justice of peace " shall commit for any reason a child under 14 years of age 
to a jail or police station to be confined with other prisoners " ; any person 
who shall contribute to or encourage delinquency or dependency may be fined 
or imprisoned; this act to be construed as conferring additional powers on 
the court. 

Maryland State Training School for Girls: Established 1914; made body 
politic and corporate; nine directors ppointed by governor; nonpartisan and 
nonsectarian ; women on board shall never be less than five; three directors 
shall retire every two years; no compensation; expenses paid; shall secure 
site and erect buildings in cottage system; appoint a female superintendent 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 839 

and other officials and employee's, and fix duties and compensation. Justices 
may commit till 21 and white female convicted of any crime or misdemeanor 
or who is vicious or incorrigible; no girl shall be committed because she has 
no home nor because of poverty ; each girl shall receive religious instruction 
provided by the church of her parents; religious services, all denominations 
represented ; girls may be released on parole when homes are found ; $1,000 
for preliminary work. 

Name Female House of Refuge changed to Maryland Industrial School for 
Girls; legacies to the former confirmed; 30 directors; 15 chosen annually by 
the members; 5 appointed annually by mayor of Baltimore; 10 appointed 
biennially by governor; directors shall have as to female juvenile delin- 
quents the powers and duties exercised by directors house of refuge ; persons 
who shall pay $50 to the institution in one year or $10 annually for six 
years shall be life members; persons paying $5 per year are members. 
Powers: To place children at employments and "cause them to be in- 
structed in such branches of useful knowledge as may be suited to their 
years and capacities " ; bind out children to learn trades ; children received 
by commitment and agreement. 

Empowered to receive orphan and other destitute boys and bind them out 
till 21 ; any court or justice of peace shall have power to commit any desti- 
tute white boy convicted before such court or justice of peace ; managers may 
also receive all such white boys under 16 as shall be taken up as street beggars 
or vagrants or convicted of criminal offenses; corporation may hold prop- 
erty up to $500,000. Governor and mayor of Baltimore shall each appoint 
every two years five persons to represent State and city on board of trustees ; 
board may make by-laws, etc., and establish regulations respecting religious 
and moral education, training, employment, discipline; justice of peace may 
commit white male minors on complaint; corporation may bind out during 
minority to learn useful trades or callings. 

Recognized as body corporate and politic. Object: The care, reformation, 
and instruction of colored female minors ; persons paying $100 become honor- 
ary members; $50, life members; $5, members; corporation shall be con- 
trolled by a board of 11 managers, 2 to be appointed for two years by gover- 
nor, 2 appointed annually by mayor of Baltimore, and 7 elected annually by 
the corporation; five a quorum; treasurer shall give bond; managers shall 
provide suitable building, establish regulations respecting religious and 
moral education; managers shall receive all colored female minors who are 
committed as street beggars or vagrants, or are convicted of criminal 
offenses; judges may order minors convicted in their courts removed to the 
industrial home " as a place of reform and not of punishment " ; managers 
may bind out girls till they are 18 ; girls may be received by commitment or 
contract. City of Baltimore authorized to make such appropriation to the 
home as may be proper ; managers shall make reports to general assembly. 

See also H (f), Compulsory attendance; R (b), Corporations of an educa- 
tional character. 
Massachusetts: The county commissioners of each county, except the counties 
of Barnstable, Berkeshire, Franklin, Hampshire, Dukes, and Nantucket, shall 
maintain either separately or jointly with the commissioners of other counties, 
not at or near a penal institution, a school for habitual truants, absentees or 
school offenders. County commissioners of Norfolk, Bristol, and Plymouth 
counties shall pay to the union training school maintained by said counties 
$100 annually from each county. The county commissioners of Barnstable, 
Berkshire, Franklin, Hampshire, Dukes, and Nantucket shall support truants 



840 STATE LAWS RELATING TO PUBLIC EDUCATION. 

and school offenders of their counties in a legally established training school, 
the cost of such support to be paid to, and shall be determined by, the county 
commissioners maintaining such school; the parental school of Boston shall 
be deemed the county training school of Suffolk, and commitments from towns 
of Revere and Winthrop and the city of Chelsea shall be to the training school 
for the county of Middlesex. The city or town committing a child to such 
training school shall pay to the county maintaining such school $1 a week 
toward the support of said child; reports of the condition and progress of 
such child shall be made monthly to the superintendent of schools of the city 
or town from which said child has been committed; the towns of Revere, 
Winthrop, and city of Chelsea shall pay to the county of Middlesex, for sup- 
port of each child committed to the training school of said county, $2.50 pec 
week, and such additional sums as will cover the actual cost of maintenance. 
County truant schools shall be subject to visitation by the State board of 
education and State board of charity, and said boards shall report thereon 
annually to the legislature. A child who willfully and habitually absents 
himself from school contrary to law shall be deemed an habitual truant, and, 
unless placed on probation, may, upon complaint by an attendance officer 
and conviction thereof, be committed to a county training school, such child 
found wandering about the streets, having no lawful occupation, habitually 
not attending school, and growing up in idleness and ignorance may, in like 
manner be committed to a county training school. A child under 16 years of 
age who persistently violates reasonable school regulations, or otherwise mis- 
behaves in school, so as to render him a fit subject for exclusion therefrom, 
shall be deemed to be an habitual school offender, and, unless placed on proba- 
tion, may, upon complaint by an attendance officer and conviction thereof, 
be committed to a county training school. The court or magistrate by whom 
a child has been committed to a county training school may make an order 
relative to the payment by his parents to the county of the cost of his sup- 
port while in said school. A court or magistrate by whom a child has been 
convicted of any of aforesaid offences may place such child on probation 
under the control of an attendance or probation officer ; if child violates condi- 
tions of probation, he may be committed to a county training school. County 
commissioners may, for good cause, and when the superintendent or school 
committee of the city or town have been heard, parole or discharge any child 
committed to a county training school; a parole may be revoked for cause. 
In case of death or serious illness of a near relation of a child confined in a 
training school, the child so confined may be released for a specified time. 
An inmate of a county training school who renders himself an unfit subject for 
retention therein may, if under 15 years old, be committed to the Lyman 
school for boys ; if over 15 years old, to the industrial school at Shirley. If a 
girl who is committed to the custody of the "State board of charity proves un- 
manageable in a private family, she may be committed, by said board, to the 
State industrial school for girls. Police, district, and municipal courts and 
trail justices shall have jurisdiction over truancy cases ; upon a complaint 
against a child for such offence, parents, guardian, or custodian of the child 
shall be notified ; a child against whom complaint as an habitual absentee is 
brought by any person other than an attendance officer shall not be com- 
mitted to a training school until the State board of charity has been given an 
opportunity to be heard. The school committee of every city or town shall 
appoint and fix the compensation of one or more attendance officers, who may 
be either male or female, and shall make regulations for their government ; 
attendance officers shall receive no fees for their services ; the school com- 



U (e). SCHOOLS FOE DEPENDENTS AND DELINQUENTS. 841 

mittees of two or more cities or towns may employ tlie same attendance 
officers. Attendance officers shall inquire into all cases arising from pro- 
visions herein, and may make complaints and serve legal processes under 
such provisions. Said officers shall have oversight of children placed on pro- 
bation, of children suffering want, of minors licensed for employment, and of 
children attending shows or entertainments contrary to law. An attendance 
officer may apprehend and take to school without warrant any truant wan- 
dering about the streets or public places. 

The governor, with the advice and consent of the council, shall appoint 
five persons to serve as trustees of the Massachusetts Hospital School ; said 
trustees shall be appointed in rotation to serve five years, and shall consti- 
tute a body corporate. Trustees shall have same powers and duties in man- 
agement and control of said institution as are vested in the trustees of the 
various insane hospitals. Trustees shall receive no compensation, but shall 
be reimbursed for necessary expenses ; shall appoint officers and other em- 
ployees of said school and fix their compensation, subject to the approval of 
governor and council ; shall visit school monthly and make annual report to 
governor and council. The State shall provide for support of indigent in- 
mates, but other inmates shall pay for their support. Said school shall be 
under the general supervision of the State board of charity. 

The government of the State industrial school for girls shall be vested in 
a board of seven trustees, two of whom' shall be women ; trustees shall be 
appointed by governor, with advice and consent of council, in rotation, for a 
term of five years; trustees shall annually elect a superintendent and a 
physician and, subject to approval of governor and council, fix their compen- 
sation ; superintendent shall appoint other officers and fix their compensation 
with consent of trustees. Potvers and duties of trustees: To establish regu- 
lations; provide employment for inmates; exercise vigilant supervision over 
the institution; cause inmates to be instructed in piety and morality and in 
branches of useful knowledge, especially in domestic and household labor and 
duties; visit institution once every three months. Trustees may bind out as 
an apprentice or servant any inmate of said school. Commitment to said 
school shall be by the courts ; persons so committed shall be released when 15 
years old. 

The management, government, and care of all reformatory institutions for 
juveniles, except reformatory at Concord, supported by the State for the 
custody, care, and reformation of juvenile offenders shall be vested in a 
board of nine trustees, two of whom shall be women, to be appointed by gov- 
ernor, with advice and consent of the council; two appointed each year, to 
serve five years. Said board shall be known as Trustees of Massachusetts 
Training Schools. Ti'ustees shall appoint a secretary, who shall not be a 
member of board, but shall be its executive officer; salary of secretary shall 
be fixed by trustees with consent of governor and council, and his necessary 
expenses shall be allowed. No inmate of a juvenile reformatory shall be 
placed in solitary confinement. 

The governor, with advice and consent of council, shall appoint a board of 
seven trustees, two of whom shall be women, for the Industrial School for 
Boys; said trustees shall be appointed in rotation, to serve five years. Any 
delinquent boy over 15 years old or any boy between ages of 15 and 18 years 
convicted of an offense not punishable by life imprisonment may, if a suitable 
subject, be committed by the court to said school. Inmates may be released 
on probation. Upon mutual consent of the Lyman School and aforesaid 
school, inmates may be transferred from one to the other. Trustees shall 



842 STATE LAWS RELATING TO PUBLIC EDUCATION. 

establish regulations, appoint officers, and other employees, and fix their 
salaries with advice and consent of the governor and council. Said schbol 
shall be under the general supervision of the State board of charity. 

See also T (e), Schools for the feeble-minded. 
Michigan: Every boy between 10 and 16 years old, and every girl between 10 
and 17 years old who shall frequent or reside in a disreputable place or who 
runs away from school or lawful employment against the will of the parent 
shall be a juvenile disorderly person ; upon complaint before a justice of the 
peace, police magistrate, or other criminal magistrate by parent, guardian, or 
other person knowing the facts, such justice or magistrate shall issue a v^^ar- 
rant for the arrest of such minor, and on conviction a boy may be committed 
to the industrial school for boys at Lansing until 18 years old ; a girl, to the 
industrial home for girls at Adrian until 21 years old ; but such commitment 
must have the approval of the recorder's court of Detroit, or judge of the 
superior court of Grand Bapids, or any circuit judge or probate judge of the 
county where such conviction is had. Any person contributing to the delin- 
quency of a child shall be guilty of a misdemeanor. 

The industrial school for boys at Lansing shall be under the control of a 
board of three trustees appointed by the governor ; term, six years, one being 
appointed every two years. Every male person between 10 and 16 years old 
who shall be convicted of any offense punishable by law with fine or impris- 
onment, or both, may be committed by a court of competent jurisdiction to 
said school until the age of 21 is reached. Dependent, neglected, and delin- 
quent boys between the ages of 7 and 16 may be committed to said school or 
placed on probation by the court. 

The Industrial Home for Girls at Adrian shall be under the management 
and control of three trustees, at least one of whom shall be a woman. Such 
board shall be appointed by the governor, term, six years, one being appointed 
every two years. The object of said home shall be the care and instruction 
of dependent, neglected, and delinquent girls between 7 and 17 years old 
who may be committed thereto by a court of competent jurisdiction. Any 
girl between 10 and 17 years old who is convicted of any offense not punish- 
able by imprisonment for life shall, except in cases deemed incorrigible, be 
sentenced to said house until the age of 21 is reached. Girls found incor- 
rigible or improper persons may be transferred to a State reformatory or 
penal institution. 

See also H (f), Compulsory attendance. 
Minnesota: Purpose of State public school shall be to furnish a temporary 
home for dependent and neglected children, and to provide them with proper 
permanent homes, proper care and instruction, while in said home, in branches 
usually taught in common schools, and with moral, physical, and industrial 
training. Board of control shall consist " of three members, appointed by 
governor; term six years; each shall be paid $3 per day for time of actual 
services, and allowed necessary expenses. Board shall elect from members 
a president and secretary; appoint a superintendent who shall appoint as- 
sistants and employees; determine salary of superintendent, assistants, and 
employees; meet once in every three months. To be admitted, children shall 
be under 15 years old, of sound mind and free from disease. Preference shall 
be given in admission to younger children and those in greatest need ; children 
received shall be divided among the several counties on a just basis ; children 
of deceased soldiers shall be given preference in admission ; before any child 
under 1 year old shall be received, a written statement shall be received from 
the superintendent that child can be cared for. It shall be the duty of 



U (e). SCHOOLS FOE DEPENDENTS AND DELINQUENTS. 848 

coiiuty board, or any two of them, to make a complaint in writing to probate 
judge when any child is dependent upon the public for support, in a state of 
habitual vagrancy, ill treated, likely to suffer from intemperance or miscon- 
duct of parents or guardians. Parents or guardians shall be cited to appear 
in court to show cause why such child shall not be committed; if child be 
committed, he shall first be examined by a reputable physician; a child so 
committed to said school shall remain subject to said school until a home is 
found for him; such children may be adopted in homes, or apprenticed for 
purpose of learning useful vocations ; when child becomes self-supporting, or 
parents have become able to properly support him, said child may be dis- 
charged by board. Suitable persons shall be appointed agents of the school. 
Board shall make biennial reports, to the governor. 

In every county of more than 50,000 inhabitants a probation oflScer shall 
be appointed by the State board of control, subject to approval of district 
judges of such county ; such officer may appoint deputies. Such oflBcer or his 
deputy shall be present in every session of municipal court, in district court 
where any person under 21 years old is on trial, and in probate court wliere 
commitment proceedings are being held. Such officer shall be responsible for 
conveyance of all children committed to State public school, without com- 
pensation, except expenses actually incurred; shall represent the interests 
of minors in court, and shall have charge of minors during any time that 
sentence is stayed; shall make reports to court; shall have police powers. 
Probation officers in counties of 50,000 to 100,000 inhabitants shall receive 
annual compensation of $600; in counties over 100,000 inhabitants, $1,200, 
and deputy $600. No minor charged with any offense shall be placed with 
grown-up prisoners; no minor under 14 years shall be confined in any jail, 
lockup, or police station pending trial. Every minor while in confinement 
shall be supplied with good reading matter, and his friends shall be allowed 
the right to visit him. At trial of any minor under 16 years old, the court 
room shall be cleared of all persons not directly interested in the case. 
County commissioners shall have authority to purchase, erect, equip, and 
maintain a detention home for juvenile offenders ; juvenile court may commit 
minors to such home for not longer than six months under any order. School 
boards may provide homes and teachers, books and supplies in counties of 
200,000 to 300,000 inhabitants. In counties of over 50,000 population the 
judges of the district court shall designate one of their number as juvenile 
court judge. 

State industrial school for girls shall be under management of State board 
of control. All officers of said school shall be women. Governor shall ap- 
point advisory board of five women ; said advisory board shall visit school at 
least twice a year and make complete examination of buildings and inquire 
into affairs of school ; board of advisors shall make report to board of control ; 
said board of advisors shall receive no compensation, but shall be allowed 
actual expenses in performance of duty. Purpose of said school is to so 
train inmates that upon their release they will live honorable lives. Home 
schools for wayward girls may be established by county boards in counties 
having not less than 150,000 nor more than 200,000 inhabitants. 

State training school shall be under the general management of the State 
board of control. Whenever any boy over 10 and under 16 years old shall 
have been convicted of any offense punishable by imprisonment, except that 
of murder, or shall be a vagrant or incorrigibly vicious, the court or magis- 
trate may commit such boy to the said school. Such boys may be kept in 
school during their minority, or until homes or employment have been found 



844 STATE LAWS RELATING TO PUBLIC EDUCATION. 

for them; boys shall be taught branches of useful knowledge and trades; 
such boys shall be clothed, instructed, and maintained at expense of State. 
Boys committed by any court of the United States may be admitted if the 
United States shall pay 50 cents daily for the support of each such child. 
Board may appoint school agent at no more than $100 per month and ex- 
penses. Inmates may be transferred to State reformatory when their presence 
is detrirtfental to the school. 

The State reformatory shall be under management of State board of con- 
trol. Any person not less than 16 nor more than 30 years old, convicted of a 
crime punishable by imprisonment in State prison, may be, for the first of- 
fense, sentenced to the State reformatory. Each prisoner shall be credited 
with good personal demeanor, diligence in labor and study, and shall be 
charged with offenses; such prisoners may be restored, upon release, to full 
citizenship upon evidence of good behavior while imprisoned. Inmates shall 
be instructed in trades or employments for which they seem best fitted. 

See also H (f). Compulsory attendance. 
Missouri: The Missouri Training School for Boys is established at Boonville. 
Board of managers shall consist of five members appointed by the governor: 
said board shall elect a superintendent and other necessary ofiicers and em- 
ployees. Any boy under 18 years old who may have been convicted of a 
felony punishable by death or imprisonment for 10 years or longer may by a 
court of competent jurisdiction be committed to said school; any boy of said 
age convicted of any other felony or of a misdemeanor shall be committed to 
said school; commitment shall, not be for a longer period than until the age 
of 21 is reached. Delinqueat and neglected boys under 17 years old may be 
sent to said school by a juvenile court. 

There is established a State industrial home for girls. Board of control 
shall consist of four men and two women, appointed by the governor. Every 
girl between 7 and 18 years old who may be convicted of vagrancy or any 
offense not punishable with death or imprisonment for life, or whose associa- 
tions are immoral or who is incorrigible, may be committed by a court of 
competent jurisdiction to said industrial home until the age of 21 is reached ; 
delinquent and neglected girls under 17 years old may by the juvenile court 
be sent to said institution. Girls who are insane, idiotic, or afiiicted with an 
incurable disease or who are so incorrigible as to be incapable of reformation 
shall not be committed to said institution. 

See also H (f), Compulsory attendance. 
Montana: In school districts having population of 25,000 or more a school for 
confinement, discipline, instruction, and maintenance ■ of juvenile disorderly 
persons shall be maintained; no such school shall be located at or near any 
penal institution ; school trustees shall provide building, etc., and elect prin- 
cipal, teachers, and other employees; parent or guardian shall provide 
clothing. School board shall make rules for parole of children, but such 
paroled child shall remain under custody of ofiicers of school; principal of 
school to which child is returned shall report monthly to principal of indus- 
trial school as to conduct of child; if child violates conditions of parole, he 
shall be recommitted by trustees for not less than three months; for second 
breach of conditions, he shall be recommitted for not less than one year. 
District court may commit incorrigible child to State reform school. In dis- 
trict having a population of less than 25,000 trustees may establish such a 
school, but not until authorized by vote of the people. Where such school is 
established, trustees may receive pupils from other districts on payment for 
tuition. Misdemeanor for any officer, principal, or other person mentioned in 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 845 

this chapter to neglect duties prescribed. Mayors, justices of the peace, 
police judges, and district courts shall have jurisdiction to try offenses under 
this chapter. 

See also A (bl), State boards; H (f), Compulsory attendance. 
Nebraska: There is established a State public school for dependent children, 
to be located at the Home for the Friendless. There shall be received those 
who are dependent for support, neglected, or ill treated, who are under 16 
years of age, sound of mind, and free from disease. Object shall be to provide 
temporary home in said school until homes can be provided for children in 
good families. Whenever there shall be sufficient room for such children in 
said institutions it shall not be lawful to place them in any county poorhouse ; 
In admitting children to said school preference shall be given first to de- 
pendent and indigent orphans or half orphans of deceased soldiers of the 
State. The children admitted to such school shall be prorated as nearly as 
possible among the several counties ; expense of transportation shall be paid 
by counties where children reside ; board may receive children either volun- 
tarily committed to- it by parents or guardian or by county commissioners of 
any county, or by probate or juvenile court. Board may appoint an agent for 
the school ; agent is authorized to consent to adoption of inmates by suitable 
persons. A record shall be kept of all children. Biennial reports shall be 
made to governor. Said school shall be controlled by board of commissioners 
of State institutions. 

There is created a board of control for dependent and neglected children. 
Care of such children shall be under direction of a commissioner ; governor is 
made such commissioner and shall appoint three deputy commissioners, who 
shall constitute the board of control ; one member to be appointed every two 
years; term, six years. Board "shall meet at least once a month; shall elect 
from own number a president and secretary; State treasurer shall be treas- 
urer of board ; board shall provide for the care and training of such children 
and for placing them in private homes at the earliest practicable date. Those 
children under 16 years old and of sound mind, committed by any court as 
dependent, neglected, or ill treated, shall be under control of said board. 
Parents or guardians shall pay for care of such children, but in cases of in- 
digency county commissioners shall pay sum of $2 per week for each child 
committed. Agent of board shall receive salary not to exceed $1,500 per year. 
Board shall make biennial reports to governor. Delinquent, neglected, or 
dependent children may under certain conditions remain in their own homes 
or be maintained in any private home under the supervision of probation 
officer. 

The Boys' Industrial School shall be a school for the retention, education, 
discipline, industrial training, and reformation of male juvenile offenders; 
inmates shall be instructed in morals and in mechanical arts and trades. 
When a sane boy under 18 years old shall be found guilty of any crime by any 
court of record, except for murder or manslaughter, or who for want of proper 
parental care is growing up in mendicancy or crime, the court may commit 
said boy to the State industrial school instead of to the State penitentiary. 
Any boy under 16 years old convicted of crime by a justice of peace or other 
inferior court may be committed to said institution if crime is not murder or 
manslaughter. Boys so committed shall remain in said institution until 21 
years old, unless paroled or legally discharged. It shall be unlawful for any 
person to assist any boy or girl to escape from the State industrial schools or 
to harbor or conceal such boy or girl. Said school shall be under control of 
board of commissioners of State institutions. 



846 STATE LAWS RELATING TO PUBLIC EDUCATION. 

The purpose of the Girls' Industrial School shall be the retention, educa- 
tion, discipline, industrial training, and reformation of female juvenile delin- 
quents; girls committed to the school shall be instructed in principles of 
morality, self-government, and domestic duties, and such other branches of 
knowledge as are taught in public schools; suitable practical industries may 
also be taught. Said school shall be under control of board of commissioners 
of State institutions. 

In the Nebraska Reformatory instruction shall be in the elementary school 
courses and in pursuits by which prisoners may support themselves when 
released; said instructions shall chiefly be given in agriculture and horticul- 
ture. Shall be under control of board of commissioners of State institutions. 

See also A (bl), State boards; U (c), Juvenile courts. 
Nevada: There is established the Nevada School of Industry. Said school 
shall provide a suitable home for delinquent boys, where they shall receive 
moral, industrial, and general education, but the permanent board of gov- 
ernment of such institution shall be authorized to provide for the care of 
such children of either sex, or by sending female delinquents to other insti- 
tutions of like kind. Permanent board shall consist of governor and four 
persons appointed by him, one each year; term, four years; by a majority 
vote of board any member may be removed ; no board member shall receive 
compensation except actual expenses incident to business of said school, said 
expenses to be paid out of funds of said school ; salary of superintendent of 
said school shall not exceed $2,400 per year; board may borrow money for 
school at rate not to exceed 6 per cent; superintendent of said school shall 
furnish bond. Purpose of school shall be to qualify inmates for profitable 
and honorable employment after release from institution; inmates may re- 
ceive small sums in lieu of clothing and other necessary articles, if such 
course would better promote discipline and training; it shall be lawful for 
courts to commit to said institution delinquent boys ; an ad valorem tax of 2 
cents on each $100 of taxable property in the State shall be levied for the 
support of said school. 

The children included in the State orphans' home shall be included in the 
school census of Carson City school district, and in addition $1,500 shall be 
appropriated annually from the State treasury for school use in said dis- 
trict. The board of directors of the orphans' home may admit children of 
living parents when such parents are unable to properly support and educate 
such children, and also such dependent and neglected children as may be 
committed to said home by any district court of this State. 

See also H (f), Compulsory attendance. 
New Hampshire: The governor and council shall appoint five persons, one each 
year, term five years, to serve as a State board of charities and correction ; 
it shall be the duty of said board to see that dependent minor children re- 
ceive suitable education, training, and support; the reasonable expenses of 
said board shall be paid by the State. Dependent or neglected children shall 
be sent to the New Hampshire Orphans' Home or some similar institution. 

The State industrial school shall be under the supervision and administra- 
tion of the State board of control. The superintendent and treasurer of 
said school shall each give bond and shall keep complete record of affairs of 
school; superintendent shall annually file with the secretary of state a full 
report of the institution ; books and accounts shall be open to examination of 
governor and council or of a committee of the legislature; board of control 
shall at least once in every six months examine books and accounts of in- 
stitution. Said institution may receive juvenile convicts sent by United 



U (e). SCHOOLS FOB DEPENDENTS AND DELINQUENTS. 847 

States authorities upon payment of reasonable compensation for same. The 
superintendent and his assistants shall have charge of pupils of said insti- 
tution, shall discipline, govern, instruct, and employ them, and shall use 
their best endeavors to preserve their health, promote their improvement in 
such studies, trades, and employments as may be suited to their ages and 
capacities, and to secure the formation of moral, religious, and industrial 
habits; shall keep complete register of pupils. Board may bind out any 
pupil of industrial school as an apprentice or servant. Any pupil distinguish- 
ing himself by obedience, diligence, and good conduct may be discharged by 
the board. Whenever any person is committed to the industrial school the 
State treasurer shall pay to board of control for board and instruction of 
such person a sum not exceeding $1.50 per v^^eek. 

The sum of $16,000 is appropriated for years of 1913 and 1914 for the sup- 
port and education of deaf and dumb and blind persons of the State. Upon 
the recommendation of the State board of charities and correction, assistance 
shall be furnished to such persons, asylums, schools, or other institutions 
designed for the purpose as the governor and council shall direct; such 
assistance shall not affect the settlement of any person or his right to vote. 

Cruelty to or neglect of any minor under 14 years old shall be a misde- 
meanor. No minor under age of 18 years old shall be admitted to a saloon 
or place where intoxicating liquors are sold, exchanged, or given away, or 
at dance houses and concert saloons, or at any licensed billiard or pool room 
unless accompanied by parent or guardian ; any violation of these provisions 
shall be punished by fine not exceeding $20. No child under 14 years old shall 
be employed in a public exhibition, but such shall not be construed to prevent 
the education of children in music or their employment as musicians in 
church, chapel, school, or school exhibition, or to prevent their taking part 
in any concert or musical exhibition. No person shall sell or give away toy 
firearm^. If any person shall furnish tobacco in any form to a minor, he 
shall be fined not exceeding $50 for each offense. No person shall print or 
publish, or sell, lend, give, or show to any other person obscene literature of 
any nature whatever, and no person shall advertise such literature, and no 
person shall in any manner employ any minor to distribute such literature. 
No minor between the ages of 3 and 15 years shall be supported at any alms- 
house in the State for more than 60 days unless consent of board of charities 
shall have been obtained, except such as are under serious physical disa- 
bility or are mentally incapacitated for education, or are under sentence for 
crime; and it shall be the duty of commissioners of the various counties to 
find homes for such minor children within said period of 60 days ; if suitable 
homes have not been found for such children within 60 days then State 
board of charities shall have control over such children and find a home for 
same at the expense of county. • It shall be the duty of the overseers of the 
towns and cities to procure homes for indigent minor children. The over- 
seers of the poor may send indigent minor children to the New Hampshire 
Orphans' Home or to any other suitable like institution in the State. " Minor 
children " shall mean here children uner 16 years old and also such children 
over 16 years and under 21 years old as by reason of physical or mental in- 
firmity are incapable of supporting themselves. Courts shall designate suit- 
able times for the hearing of cases of juvenile offenders, and dependent or 
delinquent children, which shall be called the session for children, for which 
a separate docket shall be kept; said session shall be separate from that for 
trial of criminal cases, and when practicable shall be in rooms not used for 
such trials ; no minor shall be present at any such hearing unless his presence 
is necessary; no newspaper shall publish proceedings of any juvenile court. 



848 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Any reputable person, knowing of a dependent or neglected child, may file with 
clerk of the court a petition setting forth such facts ; a summons or warrant 
may be issued for the appearance of the person having custody of such child, 
together with the child, to appear in court; pending final decision of case, 
child may be left in possession of person having charge of same or in posses- 
sion of the probation officer, or in some suitable place provided by city, county, 
or State authorities. The justice of each police court shall appoint a proba- 
tion officer who shall not be a member of police force but shall have police 
powers ; probation officer shall inquire into criminal cases in courts under 
whose jurisdiction he acts, and may recommend placing convicted persons 
on probation ; said officer shall keep a record of all persons placed on proba- 
tion. Clerk of court, or in absence thereof the justice, shall notify State 
board of charities and correction of appointment of probation officer ; proba- 
tion officer shall make monthly report to said State board; compensation of 
said officer shall be determined by justice of court and paid by city or town. 
Court may commit a dependent or neglected child under IT years old to the 
care of some reputable citizen or to some association willing to receive it for 
the purpose of placing it in some home; court may cause such child, when 
health of child demands it, to be treated in some hospital when same is done 
without charge. Delinquent children may be placed under care of probation 
officer or in some suitable home ; such children, for certain offenses, may be 
brought before superior court, and may be committed to the State industrial 
school pending decision of superior court. No court shall commit a child 
under 17 years old to a jail or police station, but child may instead be placed 
in care of probation officer ; no child shall be sentenced to confinement with 
adult convicts. The court in committing children shall place them as far as 
practicable in homes or institutions of same religious beliefs as parents of 
children. The probate judge upon application may commit any feeble-minded 
child or any feeble-minded female of child-bearing age, when not already 
cared for by a proper institution, to the New Hampshire School for Feeble- 
minded Children. Feeble-minded persons shall be admitted to the institution 
in the following order : First, those in public institutions supported entirely 
at public expense; second, those not supported as aforesaid; third, those of 
State not in any public institution who have no parents, kinsmen, or guardian 
able to provide for them, or persons committed by a judge of probate ; fourth, 
those whose parents, kinsmen, or guardian are able to support them; fifth, 
children of other States whose parents or guardians are a.ble and willing to 
pay. Whenever a minor under age of 17 shall be convicted of an offense 
punishable by imprisonment, otherwise than for life and sentenced accord- 
ingly, upon application by the proper person, the court may order such child 
sent to the industrial school instead of to prison, term at industrial school 
not to extend beyond the age of 21 years.' Governor and council authorized 
to api>oint three suitable persons to investigate all matters relating to the 
welfare of dependent, defective, and delinquent children, and all institutions 
for the care of such children in the State. It shall be the duty of county 
commissioners to provide partial support for women who are of good repute 
and dependent on their own efforts for support, and are mothers of children 
under 16 years old ; the allowance to each of such women shall not be more 
than $10 per month for first child, and $5 for each of the other children under 
16 years. Such allowance shall be made by county commissioners upon the 
recommendation of school board and only upon the following conditions: 
First, child or children must be living with mother; second, such allowance 
must enable mother to be at home with children; third, mother must be a 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 849 

proper person for bringing up her children ; fourth, such allowance must be 
necessary to keep child from neglect ; fifth, mother shall have been a residenit 
of the county for at least two years. 

See also A (bl), State boards; A (f), Administrative units — districts, etc. 
New Jersey: Board of education of any school district may establish and 
maintain a special school for restraining, instructing, and caring for de- 
pendent and delinquent children under 16 years old, committed by the juve- 
nile court to said school; such school shall be a part of the public-school 
system; such school may have complete control of such child at discretion 
of the court; such child may be returned to parents and to regular public 
schools whenever said board may so direct; any child under 16 years old 
arrested for any cause except murder or manslaughter, and pupils habitually 
truant or incorrigible, may, by order of juvenile court, be held in such school 
until final judgment is passed. Such schools shall provide industrial training, 
and shall be conducted as homes; there shall be a superintendent, teachers, 
and other employees; teachers shall hold such certificates as are required 
by teachers in the public schools. School board in a district not main- 
taining such school shall provide expenses of such children in such school 
in another district. Parents of such child shall. If able, support such child 
in such school. Reports shall be made of such schools to State board of 
education as prescribed by it ; superintendent of any such school shall, when 
so required, make reports to juvenile court. Moneys for lands, buildings, 
and equipment for such schools shall be appropriated in same manner as for 
regular public schools. Rules for government of such schools and courses 
of study shall, subject to approval of State board of education, be prescribed 
by district board of education; board of education may locate such school 
outside the school district; location and establishment of such schools must 
meet approval of said State board. 

The State home for boys shall be under control of a board of six trustees 
appointed by the governor, with advice and consent of the Senate; two ap- 
pointed each year, to serve three years; not more than three trustees shall 
belong to same political party ; governor may remove any trustee from office ; 
said board shall be a body corporate. Powers and duties of hoard: To enact 
by-laws for their own government; prescribe rules and orders relative to 
care, discipline, and government of inmates; provide instruction and em- 
ployment for inmates and discharge, parole, or remand them; appoint, pre- 
scribe duties, and fix salaries of a superintendent, steward, teachers, and 
such other officers as may be required. Instruction shall be given In branches 
of useful knowledge and in some regular course of labor, and also in moral- 
ity ; a clergyman or clergymen may be employed to give such moral instruc- 
tion. One or more of trustees shall visit said institution at least once every 
fortnight, and majority shall make such visit once in every three months; 
trustees shall make annual report to governor who shall present such report 
to legislature. Trustees shall elect one of their number treasurer, said 
treasurer to file bond in sum of $10,000 ; shall elect secretary, who shall keep 
record of business of trustees; shall make quarterly report to governor. 
Sum of $160 shall be annually appropriated by State for each inmate in said 
institution. Superintendent of said institution shall have charge and 
custody of inmates; shall file bond, keep proper records, and make quar- 
terly reports to judges; may arrest escaped inmates without warrant. Every 
commitment to said home shall be until boy attains age of 21 years, and no 
longer; inmates may be paroled or discharged, or may be transferred to 
State reformatory when deemed advisable. Any boy under 16 years old 

3966°— 15 54 



850 STATE LAWS RELATING TO PUBLIC EDUCATION. 

convicted of any crime (except murder or manslaugliter), or who is dis- 
orderly, vagrant, or habitually truant, may be committed by the proper court 
to said home. Every inmate shall be liable for his expenses; the legal cus- 
todian of any inmate shall be liable for such expenses; trustees may remit 
such liability. No boy under 8 years of age shall be committed to said 
home. Inmates may be bound out. 

The State home for girls shall be under control of a board of five trustees, 
three of whom shall be women, appointed by governor, one each year, to 
serve five years; said trustees shall elect oflSicers from their own number; 
secretary shall keep a record of business of board ; trustees shall receive no 
compensation, but shall be allowed official expenses. Trustees shall enact 
by-laws and rules for said home; shall provide instruction and employment 
for inmates, and may bind them out, discharge, parole, and remand them; 
shall appoint a superintendent, woman physician, teachers, and other em- 
ployees and fix their salaries. Said board shall be a body corporate. In- 
mates shall be instructed in branches of useful knowledge, in morality, 
religion, and the trades. One or more trustees shall visit said home at least 
once in every two weeks; trustees shall visit and inspect said home once 
every three months; trustees shall make annual report to governor, who 
shall lay the same before the legislature, and shall also make quarterly re- 
ports to governor. Superintendent shall have charge and custody of inmates ; 
shall file bond in sum of $2,000 ; shall make quarterly report to judges of the 
State; may arrest escaped inmates without warrant. Girls under 19 years 
and over 10 years old may be committed to said home by the proper court 
if convicted of any crime (except murder or manslaughter) or of vagrancy 
or habitual truancy. Inmates and their legal custodians shall be liable for 
expenses of said inmates. Commitment shall be for period until inmate at- 
tains age of 21 years, unless said inmate is paroled or discharged before 
attaining such age. 

Governor shall appoint seven persons, two to be women, to compose State 
board of childrens' guardians; members shall be appointed in groups of 
two, two and three, one group every two years, to serve six years; members 
shall receive no compensation, but shall be allowed official expenses. Potoers 
and duties of said hoard: To adopt rules and regulations; have care of and 
maintain general supervision over indigent, helpless, dependent, abandoned, 
friendless, and poor children who are or may become public charges ; appoint 
and fix salaries of agents, one such agent to be a woman; place each child 
in care of some family of same religious faith as parents of such child; 
place such child in a suitable institution until home may be found, but this 
provision shall not interfere with placing of such child by any board of chosen 
freeholders; visit families and institutions where such children are placed; 
make annual report to governor and legislature. County board of chosen 
freeholders shall provide funds for objects of this act, to be not less than 
$1.50 per week for each child; proper officers in any county, township, bor- 
ough, city, or other municipality shall provide in their budget for such ex- 
pense. Overseers of the poor shall report facts relative to such children to 
said State board of childrens' guardians ; such children shall become wards of 
such board; said board may return children to the parent, parents, or other 
relative agreeing to assume care and maintenance of such child. 

Board of inspectors of the State prison shall establish in said prison a 
school for instruction of inmates ; prison school board shall consist of prin- 
cipal keeper of the prison, two members of board of inspectors, and the 
moral instructors in said prison. Duties of said school hoard: To make rules; 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 851 

to appoint and fix terms and salaries of teacliers; purctiase textbooks and 
supplies; prescribe course of study. Course of study shall be equivalent to 
that of public schools, and must be approved by State board of education; 
teachers must possess certificates issued under rules of State board; head 
teacher shall not be an inmate of said prison, but inmates may be appointed 
as assistants ; no inmate of prison shall be admitted as a pupil in said school 
except upon consent of principal keeper. Prison school board shall annually 
make report to board of inspectors and to State board of education. 

See also H (f), Compulsory attendance; U (c), Juvenile courts. 
New Mexico: The management of State reform school shall be vested in a 
board of five regents appointed by the governor, by and with the advice of 
the senate; term, four years; not more than three of regents shall belong 
to same political party at the time of their appointment. Said board shall 
be a body corporate ; majority, a quorum ; secretary and treasurer shall give 
bond in the sum of $10,000; the governor shall be ex officio an advisory 
member of said board. Duties of l)oard: -To pass and enforce by-laws, rules, 
and regulations for said school ; provide books, apparatus, instruments, 
medicines, clothing, food, and supplies, and other necessary material ; employ 
teachers, physicians, and other employees, and fix their salaries. Said school 
is for purpose of confinement, instruction, and reformation of juvenile 
offenders, and of any persons of idle, vicious, or vagrant habits, of both 
sexes, under age of 18 years, who may be convicted of any offense less 
than a felony punishable by imprisonment for life. Physiology and hygiene, 
with special reference to the effects of alcohol and narcotics, shall be taught 
in said school 

The Asylum of the Sisters of Charity of Santa Fe is constituted an orphans 
home and industrial school for the care, support, and education of the 
orphan and indigent children of the State, the same to be known as the 
Orphans' Home and Industrial School of New Mexico. The board of super- 
visors shall consist of the governor and two persons appointed by the legis- 
lature ; term, two years ; said institution shall be under the care, charge, 
control, and custody of the Sisters of Charity of Santa Fe, subject to the 
supervision of the board of supervisors ; such institution shall be allowed the 
sum of $10 per month for each child cared for therein, to be paid out of the 
State treasury. It shall be the duty of probate judges to place orphan and 
indigent children in proper private homes; it shall be the duty of the 
Sisters of Charity to likewise place such children in suitable homes. No more 
than $5,000 shall be expended in any one year by the State for the Orphans' 
Home and Industrial School. 
New York: The schools of the incorporated orphan asylum societies, other 
than those in city of New York, shall receive school moneys, in same man- 
ner and to same extent as the common schools; said schools shall be sub- 
ject to the rules and regulations of the common schools ; person in charge of 
each such school shall make annual report to commissioner of education. 

The New York State Training School for Girls shall be under control of 
board of seven managers, appointed by governor, with advice and consent 
of senate, one each year, to serve seven years; two of managers shall be 
women, and one a physician of 10 years' practice. Said board shall have 
charge of all matters relating to the government, discipline, contracts, and 
fiscal concerns of said school, and shall make rules therefor. Superintendent 
of said school shall be a woman. Said school shall be open to delinquent girls 
under 16 years old, committed by a court or magistrate. Every female com- 
mitted to said school shall continue to be a ward of said school until 21 years 



852 STATE LAWS EELATING TO PUBLIC EDUCATION. 

old, notwithstanding her discharge or parole; inmates may be bomid out. 
Inmates shall be taught useful trades. Female juvenile delinquents under 
sentences by the courts of the United States may be admitted to said school. 
The State Agricultural and Industrial School at Industry shall be under 
control of a board of managers of seven members appointed by governor, with 
advice and consent of senate, one each year, to serve seven years. Powers 
and duties: To make rules and by-laws; employ and fix salaries of officers; 
make annual report to legislature; do such other things as are necessary for 
welfare of said school. Commitment shall be by the courts; boys under 16 
years old received ; inmates may be bound out. Instruction shall be given in 
branches of useful knowledge and industries; military drill may be insti- 
tuted. Inmates may be transferred to other suitable institutions. Juvenile 
delinquents under sentences by courts of United States may be received. No 
female shall be received into said school. 

See also H (f), Compulsory attendance; U (c), Juvenile courts. 

North Carolina: The Stonewall Jackson Manual Training and Industrial 
School is established. Trustees: Four women named in the act and eleven 
appointed by the governor. Trustees may receive for training and moral de- 
velopment such criminally delinquent children under 16 years old as may be 
committed to said school by the judges of the superior court or the recorders 
or other presiding officers of the city or criminal courts ; trustees may detain 
such children during their minority. They may employ a superintendent and 
necessary assistants and make rules for the government of the school. In- 
corrigible inmates may, on recommendation cf the trustees, be transferred by 
the governor to the State prison, a jail, or chain gang. Boys and girls shall 
be kept separate. 

North Dakota: A State reform school for the detention, instruction, and 
reformation of such juvenile offenders of both sexes under 18 years old as 
may be committed thereto according to law is located at Mandan. Said 
school shall be under the management and control of the State board of con- 
trol. Officers shall be a superintendent, a matron, and such teachers and 
assistants as may be deemed necessary. A district court or county court of 
competent jurisdiction may commit any minor under 18 years old guilty of a 
crime or offense other than murder to said school ; commitment shall be until 
the age of 21 is reached, but board of control may parole any inmate com- 
mitted when under 16 years old or any other inmate committed between the 
ages of 16 and 18 if not guilty of a felony. 

Ohio : Boys' Industrial School shall have as its object the reformation of those 
committed to its care; inmates shall remain until of age, unless sooner re- 
formed. Boys not under 10 nor over 18 years old may be committed to said 
school on conviction of any offense against laws of State. The superintend- 
ent of said school may apprentice inmates. Trustees may appoint a record 
officer who shall keep in communication with apprenticed and former inmates 
for the purpose of aiding them; such officer shall report to trustees; super- 
intendent shall appoint chaplain for school; trustees shall establish rules 
under which inmates may be paroled. The county shall pay transportation 
of a youth committed to said school, except in case crime is punishable by 
penitentiary imprisonment, when the State shall bear such expense. Such 
branches of education and industry shall be taught as trustees may prescribe. 
Juvenile offenders from other correctional or penal institutions may, undei 
certain conditions, be transferred to said school ; inmates of said school may 
be transferred to Ohio State Reformatory when advisable. Officers shall par- 
ticipate in manual labor and other exercises of inmates. Trustees may pur- 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 853 

chase materials for manufacture, and sell the products thereof and of the 
farm for the use of the said school. 

Girls' Industrial School shall be for instruction, employment, and reforma- 
tion of evil-disposed, incorrigible, and vicious girls; trustees shall appoint a 
chief matron for said school ; such matron shall direct management of school 
farm, appoint employees, keep accounts, and divide pro rata the profits of 
school among inmates when honorably discharged. Inmates shall receive in- 
struction in the customary branches — industry, morality, and physical train- 
ing. Chief matron, subject to approval of trustees, shall appoint a woman 
physician for said school, salary not less than $1,200 nor more than $1,800 
per year. A girl under 18 years old sentenced to any penal institution may, 
under certain conditions, be transferred to said school. Inmates shall remain 
in said school until age of 21 years unless reformed, discharged, bound out, 
or paroled ; chief matron may, v^ith consent of trustees, appoint four women 
as parole officers. In case an inmate is bound out, one-third of her wages 
shall be deposited by the chief matron in a savings bank, to be held in trust 
for such inmate. Discharged inmates may, under certain conditions, be re- 
ceived back into said school. Any girl between ages of 9 and 18 years guilty 
of an offense punishable by fine or imprisonment, other than life imprison- 
ment, and a proper subject for commitment to said school, shall be brought 
before juvenile judge of the county, whereupon she may be committed to said 
school. 

County commissioners may receive any gift of property for purchase of 
site, to erect thereon and maintain an orphans' asylum, to be approved by 
board of State charities. Said commissioners may, upon petition of 200 tax- 
payers, submit question of county children's home to voters, (bounty com- 
missioners of any county having no county children's home may aid an In- 
corporated children's home, the same to be known as a semipublic home. The 
director of public safety may place children committed to his care in private 
homes. Counties may unite for purpose of establishing and maintaining 
children's homes. 

The Ohio State Reformatory shall be under control of board of six members, 
appointed one each year by governor, with advice and consent of the senate, 
to serve six years; not more than three such members shall belong to same 
political party. Board shall receive all male criminals between ages of 16 
and 30 years if not previously sentenced to a State prison ; male persons be- 
tween ages of 16 and 21 years, convicted of felony, shall be sentenced to said 
reformatory ; no person convicted of murder in first or second degree shall be 
sentenced or transferred to said reformatory. 

See also A (f). Administrative units — districts, etc.; H (f), Compulsory 
attendance; U (c), Juvenile courts. 
Oklahoma: Oklahoma State Home is hereby created and etsablished as home 
of white children of sound mind and body under age of 16 years, who are de- 
pendent on the public for support; shall be under control of State board of 
education; said board may admit dependent and neglected children regard- 
less of physical condition. Said board shall make rules and regulations for 
said home ; shall appoint a superintendent, who shall appoint other employees 
of institution ; shall prescribe duties of employees and fix their salaries. Said 
home shall be a temporary home for children until they can be placed in fam- 
ily homes, but inmates may be retained until 18 years old or until self-support- 
ing after 16 years of age. Said board shall be guardian of children committed 
to said home. Said children shall be placed in private homes only under 
written contract. Those children who are vicious or incorrigible or are un- 
suited in other ways to remain inmates of said home shall be returned to 



854 STATE LAWS RELATING TO PUBLIC EDUCATION. 

counties from which they were sent. Said board may employ some person as 
State agent for said home. No child shall be received in said home except by 
commitment by juvenile court of the county of child's residence. When there 
are more children in counties than can be admitted to said home, the number 
to be admitted shall be prorated among counties on basis of number of such 
children in the several counties. Those having charge of such children placed 
in private homes shall make quarterly reports relative to such children to 
the State home. Any person desiring to take a child from said home by 
indenture or adoption may apply to superintendent ; to receive such children, 
private homes shall be suitable in every respect, and children shall receive 
kind treatment. Records shall be kept of children committed to State home. 
Expenditures of said home shall not exceed appropriations therefor. Board 
shall make annual report to governor and to commissioner of charities. 

The State board of education shall have control of the State training 
school ; said board shall appoint a superintendent for said school at a salary 
of $2,500 per year. Boys committed shall remain until 21 years old unless 
sooner reformed; girls until 18 years old unless sooner reformed. System 
of credits shall be used in said school; inmates may be placed in suitable 
private homes. Superintendent shall give bond in sum of $5,000. Inmates 
may, upon certain conditions, be bound out. Any boy vicious or incorrigible, 
between ages of 7 and 16 years, may be committed to said school by the 
magistrate or justice of the peace. State board shall appoint officers and 
employees of said school and fix their salaries. Transportation of children 
committed shall be paid by the counties. Instruction shall be of practical 
character. Girls may be received into said school. 

The institute for the deaf, blind, and orphans of the colored race is hereby 
located at Taft; same shall be under control of State board of education; 
purpose shall be to teach inmates the rudiments of English and practical 
Industries. 

All persons between ages of 16 and 25 years convicted of crime punishable 
by imprisonment shall be confined in Oklahoma State Reformatory; trans- 
fers may be made to or from State penitentiary when advisable; inmates of 
said institution may be worked on the public roads, in granite quarries, or 
in other legitimate classes of work. Said institution shall be under control 
of a warden appointed by board of prison control. 

See also A (bl), State boards; U (c), Juvenile courts. 
Oregon: This act shall apply only to persons under 18 years old. A "de- 
pendent child" is any child who is homeless, found begging, or in immoral 
surroundings, or, if under 14, who is found begging or selling any article or 
taking part in any public entertainment. A " delinquent child " is any child 
under 18 who violates the law, is incorrigible, a truant, or frequents immoral 
places. County courts shall have jurisdiction under this act, except that in 
counties having 100,000 population or more a judge of the circuit court named 
by said court shall have jurisdiction. Cases under this act shall be tried 
separately from other cases ; when any child is adjudged dependent or delin- 
quent the court may order only a temporary record kept. Any reputable 
person of the county may file complaint against a child. When complaint is 
filed a citation or notice shall issue to parent, guardian, or person in posses- 
sion of the child or to relative of child, and the child shall be presented in 
court and the judge shall determine the case. The juvenile court may ap- 
point one or more persons of the county as probation officers, who shall 
appear for child, give evidence in the case, and have charge of child be- 
fore and after trial. In any county having 100,000 or more population a 
detention house or home shall be maintained, to which court may commit 



TJ (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 855 

children for limited periods. A dependent child under 18 years old may be 
committed to some suitable State institution, to the care of some reputable 
citizen, or to some other suitable institution or association, and court may 
thereafter set aside such order. A delinquent child may be kept under pro- 
bation by court, be placed in a family home, or committed to a suitable 
institution; commitment may not extend beyond the age of 21. A child ad- 
judged delinquent shall remain a ward of the juvenile court; a vicious, 
incapable, or criminal child under 18 may be remanded to the regular court 
for disposition of the case. No child under 14 years old shall be committed 
to a jail or police station. Court may require parent or parents to support 
their child or children. 

The Oregon State training school shall be governed by the State board of 
control. Said board shall appoint a superintendent and necessary officers 
and teachers. Said school shall be maintained for the confinement, disci- 
pline, education, employment, and reformation of juvenile offenders ; commit- 
ments shall be made by county court or juvenile court, and shall be limited 
to youths between 10 and 16 years old who are incorrigible or found guilty 
of an offense punishable by imprisonment. Traveling and other necessary 
expenses connected with commitment of youth shall be borne by county. All 
commitments shall be until youth reaches majority, but board may discharge 
inmate on parole. Any boy continuing incorrigible may be returned to the 
county from which committed and proceeded against in other court as though 
no commitment had been made by juvenile court. Male and female Inmates 
shall be kept entirely separate. 

See also A (f), Administrative units — district, etc. 

Pennsylvania: The governor shall appoint a board of managers for said 
reformatory which shall consist of five members, one member appointed every 
two years, term 10 years. Male criminals between 15 and 25 years old may 
be admitted to said reformatory. Purpose of said reformatory shall be to 
prevent young first offenders from becoming confirmed criminals. Inmates 
shall be instructed in such subjects as will make them self-supporting, honest 
citizens upon their release. Subjects of instruction shall include rudiments 
of English, manual handicraft, and vocational training. 

See also A (d). District boards and officers; U (c), Juvenile courts. 

Rhode Island: The governor, with advice and consent of senate, shall appoint 
six members, three of whom shall be women, to compose board of control of 
State home and school for children ; term, three years ; board of control may 
appoint and fix compensation of secretary, who shall be a member of board 
ex officio and who shall file bond and keep records of board ; board members, 
except secretary, shall receive no compensation for services, but shall be 
allowed traveling expenses. Board shall make rules and regulations for 
school and shall appoint and fix compensation of all employees. Children be- 
tween 4 and 14 years of age who are vagrant, neglected, or dependent on 
the public for support shall be received into said school; children under 4 
years old may be received under certain conditions ; pupils shall remain until 
18 years old unless otherwise ordered by board ; board may exclude children 
for good cause. Board may place children committed to their care in suitable 
private homes. Commitment of children to said school shall be by the court 
of probate upon a certification of facts by any superintendent of the poor 
or agent of the Rhode Island Society for the Prevention of Cruelty to Chil- 
dren; parents or guardians shall be heard in such cases. Board shall keep 
a record of all children committed to said school and shall make an annual 
report to legislature. 



856 STATE LAWS RELATING TO PUBLIC EDUCATION. 

The State reform school shall be maiatained for the confinement, Instruc- 
tion, and reformation of juvenile offenders and of yonng persons of idle, 
vicious, or vagrant habits; it shall be divided into two departments, one for 
boys and one for girls; shall be governed by State board of charities and 
corrections. Duties of said hoard: To have general charge of said school; 
adopt rules and regulations; maintain strict discipline; provide employment 
for inmates, bind them out, discharge or remand them, or permit them to live 
at home or elsewhere under its control ; appoint a superintendent, who shall, 
with approval of board, appoint other employees ; fix salaries of all employees. 
Children may be admitted upon requests of parents. Board may receive 
children between ages of 7 and 18 years; children shall remain for at least 
two years, but not longer than the period of their minority. Commitment to 
said school may be by any court. Board may bind out inmates as servants or 
apprentices. Instruction shall be in principles of virtue and morality and 
in the branches of useful labor. 

See also A (bl), State boards; H (f), Compulsory attendance; U (c), 
Juvenile courts. 

South Carolina: The South Carolina Industrial School is established; it is a 
body corporate. Board of trustees: Governor, superintendent of education, 
and attorney general, ex officio, and seven members appointed by the gov- 
ernor ; term of appointive members, six years, two or three, as case requires, 
being appointed every two years; compensation, $3 per day and 4 cents per 
mile traveled for attending meetings, but total expenditure for this purpose 
shall not exceed $600 per annum. Said board may make rules for the gov- 
ernment of the institution and appoint necessary employees. White boys 
between 8 and 17 years old may be voluntarily committed to said school by 
parents or guardians with the approval of a judge of the circuit court, pro- 
bate court, or county court, but trustees may require reasonable sums to pay 
for maintenance and tuition of boys voluntarily committed; boy having no 
one in control of him may commit himself. Commitments shall be during 
minority, unless boy is sooner discharged by trustees or released by order of 
supreme court or circuit court. Court may commit to said school any boy 
convicted of an offense punishable by imprisonment or hard labor. Board 
may parole an inmate. A reformatory for colored boys is established. 

South Dakota: The South Dakota Training School shall be under the control 
of the State board of charities and corrections. Said school shall be located 
at or near Plankinton and shall be for the reformation and instruction of such 
boys and girls under 18 years old as may be lawfully committed thereto. 
Board with consent of parents or guardians, or if there may be none, may 
bind out an inmate during his or her minority or for a shorter period. 
The superintendent and such subordinate officers as the board may appoint 
shall have immediate control of inmates. When a boy or girl under 18 years 
old shall in any county court or court of record be convicted of any crime 
except murder, said court may commit the accused to the training school; 
upon complaint of parent or guardian that any boy or girl (child or ward) 
is incorrigible, court may commit such boy or girl to said school. Com- 
mitments shall not extend beyond the minority of the child ; board may dis- 
charge an inmate as a reward for good conduct. Any inmate found to be 
epileptic or feeble-minded may by a county court or circuit court be trans- 
ferred to the Northern Hospital for the Insane. Board may parole an inmate. 
See also H (f). Compulsory attendance. 

Tennessee: The Tennessee Reformatory for Boys is established in Davidson 
County. Board of five trustees appointed by the governor ; term, five years, 
one being appointed each year; governor shall be ex officio a member. A 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 857 

superintendent and a manager of the experiment station shall be appointed 
by board; board shall regulate employment of other employees. All boys 
under 18 years old convicted of an offense punishable by imprisonment in the 
penitentiary shall be committed to said reformatory. Board may at any 
time introduce any mechanical, industrial, or agricultural pursuit. An incor- 
rigible or otherwise unfit inmate may be removed by the superintendent and 
sent to the penitentiary if convicted of an offense punishable by imprison- 
ment therein. Board may place an inmate on probation w^ith a proper citizen 
of the State. An agricultural and horticultural experiment station is estab- 
lished in connection with said reformatory; such station shall be under the 
direction of the manager of the same. 

The Tennessee Industrial School for orphan, helpless, wayward, and 
abandoned children is established. Board of directors composed of governor, 
secretary of state, comptroller and treasurer, ex oflacio, and seven members, 
appointed first by governor, two for two years, two for four years, and three 
for six years; thereafter vacancies filled by nomination of board and con- 
firmation by senate. Dependent and neglected children between 8 and 16 
years old may be committed to said school by any judge or chairman of a 
county court. Said school may receive any child placed in its care by the 
parent or parents of such child without authority of any court, and such child 
may be kept until 21 years old, unless withdrawn by parent or parents. 
Parent or parents may, and guardian other than parent must, invoke the 
authority of the court when it is desired to place child in said school on the 
ground of incorrigibility ; children received at request of parents or guardians 
must be provided by said parents or guardians with sufficient funds for 
maintenance. Instruction shall be given in branches of useful knowledge. 
White and colored races shall be kept separate, as shall also the sexes. Com- 
mitments other than those made on motion of parents or guardians shall be 
until the age of 21 is reached, unless child is sooner paroled or discharged 
by proper officers of the school. 

See also H (f), Compulsory attendance; IT (c), Juvenile courts. 
Texas: An "institution for the training of juveniles" is established; board of 
trustees composed of three men and two women; trustees appointed by gov- 
ernor for term of two years. Board shall make rules governing such insti- 
tution and shall report biennially to governor. Instruction shall be provided 
in common-school, industrial, manual, and agricultural branches. Said board 
shall, with approval of governor, appoint a superintendent. Duties of super- 
intendent: To keep a record of all inmates; carry out orders of trustees or 
governor; see to care of buildings and premises; keep accounts of receipts 
and expenditures ; make semiannual reports to trustees and governor and sup- 
plemental reports when required; seir products of institution when not 
needed ; appoint subordinate officers needed. All juveniles sentenced to insti- 
tution by competent courts and all male persons under 16 years old who 
have been convicted, of a felony and whose terms of confinement shall not 
exceed five years shall be committed to such institution, but white inmates 
shall be kept separate. When superintendent is satisfied that an inmate has 
acquired self-control, moral habits, and industrial efficiency, and suitable 
employment can be found, such inmate may be granted leave on probation; 
after favorable reports for six months parole may be made permanent. 

The State orphan asylum shall be under the control of six trustees 
appointed by the governor; term, six years, two being appointed every two 
years. Said board may admit all orphan children of the State, subject to 
such restrictions as said board may deem requisite. 



858 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Utah: The State industrial school shall be under control of a board of trustees, 
consisting of the attorney general, superintendent of public instruction, and 
five residents of the State, not more than three of whom shall belong to same 
political party, appointed by the governor; term, four years; each appointive 
trustee shall file bond in sum of $1,000. Said school shall be for confinement, 
discipline, education, employment, and reformation of juvenile offenders com- 
mitted to it according to law. Power of 1)oard: To enact by-laws, rules, and 
regulations; provide employment and instruction for inmates; appoint, pre- 
scribe duties, and fix salaries of a steward, teachers, and other employees. 
Trustees shall serve without pay, but shall be allowed oflacial expenses ; treas- 
urer of school shall be one of trustees and he shall file bond in sum of 
$20,000 ; board shall appoint a secretary and a superintendent, not to be mem- 
bers of the board, and such officers shall file bond ; one or more trustees shall 
visit said school once each month and entire board shall make such visits 
when deemed necessary. Instruction shall be given in morality, branches of 
useful knowledge, and in the trades; inmates may be bound out, with consent 
of parents or guardians or of such inmates themselves, as apprentices. Any 
person under 18 years old convicted in any district court of any crime except 
murder may be committed by said court to said school ; incorrigible or vicious 
persons under 18 years old may, upon application of parents, guardians, or 
other persons, be committed to said school ; persons between ages of 8 and 16 
who are habitual truants from school or are vicious, immoral, or ungovern- 
able in conduct may be committed to said industrial school. -Parents or 
guardians sliall, when able, pay expenses of children so committed to said 
school. Inmates of said school shall remain until 21 years old unless paroled 
or discharged. Female inmates may, with consent of industrial school board, 
be placed in other institutions ; funds of said school may be used to support 
such persons in such institutions. Any person who shall aid any inmate to 
escape, or who shall harbor such inmate, shall be guilty of a misdemeanor. 
Board may return any inmate whose presence is detrimental to welfare of 
school to the county of his or her residence. 

See also A (f). Administrative units — districts, etc.; U (c). Juvenile courts. 

Vermont: The Vermont Industrial School at Vergennes shall be the reform 
school of the State for the discipline, correction, and reformation o£ juvenile 
offenders. Board of control of such school shall consist of three persons ap- 
pointed by governor, one every two years; term, six years. Duties of said 
hoard: To visit school once in three months; make inquiries relative to 
school and advise superintendent; purchase supplies for said school; 
fix salaries of employees of such school as are appointed by superintend- 
ent of school; make biennial report to the governor; may bind out in- 
mates; appoint superintendent for said school for a term of two years. 
Superintendent shall have immediate control of said school; shall make 
biennial report to legislature. When any boy under 16 years old or a girl 
under 16 years old but not less than years old is convicted of an offense 
not punishable by death the court may sentence such offender, to said school; 
a boy under 10 years old shall not be committed to said school for offense 
punishable by fine only. County courts may commit persons over 16 years 
old to said school ; commitment may be made for period until child is of age. 
Children may be admitted to said school on application of parents or guard- 
ians; parents or guardians shall in such cases, when able, pay expenses of 
child, otherwise child may be admitted without compensation to school. 
Charitable institutions may apply to probate court for admission of children 
to said school. Board may discharge children for cause. Inmates shall be 
instructed in religion and morality and in useful branches of knowledge. 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 859 

Inmates may, wlien deemed wise, be transferred to house of correction ; may 
be placed in private homes. Said school shall be in parental relation to 
inmates. 

See also U (c), Juvenile courts. 

Virginia: A public school is established on the grounds of the Prison Asso- 
ciation of Virginia, at Laurel, for the instruction of boys and youths confined 
therein. Said school shall be under control of State board of education, except 
that discipline shall be under control of association ; pupils shall attend at 
least three hours each school day, but association may require longer hours. 
State appropriates $1,000 annually to pay teachers. 

A public school is established on the grounds of the Negro Reformatory 
Association of Virginia, in Hanover County, for the instruction of boys and 
youths in that institution ; said school shall be under the control of the State 
board of education, except that discipline shall be under control of associa- 
tion. Pupils shall attend at least three hours each school day. The sum of 
$600 is annually appropriated for the payment of teachers. 

Washington: Parental or truant schools may be established and maintained 
in cities of 50,000 inhabitants or more for purpose of confinement, discipline, 
instruction, and maintenance of truant and incorrigible children, committed 
thereto. No such school shall be located more than 10 miles from the city 
so establishing it, and such school shall not be located near a penal institu- 
tion. Directors may employ a superintendent and subordinates for such 
school, prescribe course of instruction, and shall have such other powers as 
are prescribed by law for management of public schools. No religious instruc- 
tion shall be given in such school, but religious services may be held therein. 
Commitment shall be by the court upon petition of truant oflScer or of any 
reputable citizen of the community; no child shall be committed to such 
school who has been convicted of an offense punishable by confinement in any 
penal institution. Upon receipt of petition clerk of court shall order sheriff 
of county to bring such child before the court; court may commit child to 
such school until he or she arrives at age of 14 years unless sooner discharged. 
Parent or guardian shall furnish clothing for children committed to such 
school; if parent or guardian shall fail to furnish clothing, directors may 
furnish same and may take action against such parent or guardian to re- 
cover Qost of same. Board of directors may parole inmates of such school, 
but no child shall be paroled within four weeks from time of commitment. 
Principal or teacher shall make monthly reports to superintendent of said 
school relative to such children who are paroled. The court may transfer 
any incorrigible child in such school to some reformatory institution. 

Reform school at Chehalis shall be known as the Washington State Train- 
ing School. State board of control shall have management of said school; 
said board shall appoint a superintendent for said school, to hold office dur- 
ing pleasure of board. Said superintendent shall appoint assistants and em- 
ployees of said school, the number of same to be determined by said board. 
Purposes of said school shall be the keeping and reformation of all youths 
between ages of 8 and 18 years, residents of State, committed thereto by the 
proper court. All branches taught in first eight grades of public schools shall 
be taught in said school; inmates shall be taught and trained in morality, 
temperance, frugality, and instructed in suitable trades. When a boy of 
sane mind between ages of 8 and 16 years, or a girl of sane mind between 
ages of 8 and 18 years, shall be found guilty of any crime except murder, 
manslaughter, or highway robbery, or is neglected or incorrigible, or has been 
expelled from a public school, the court may commit such child to said school. 



860 STATE LAWS RELATING TO PUBLIC EDUCATION. 

The State training scliool shall be under control of the State board of con- 
trol. Purpose of said school shall be the keeping and reformation of boys 
between ages of 8 and 18 years, residents of the State, committed thereto by 
the court. Said board shall appoint a superintendent, who shall have imme- 
diate control of said school, and who shall, with consent of said board, ap- 
point subordinates; said superintendent shall give bond in sum of $5,000. 
Public-school branches shall be taught in said school ; also morality, temper- 
ance, and frugality, and instruction in trades and vocations shall be given. 
Said superintendent shall make annual report to said board. 

The control and management of the State school for girls shall be vested 
in the State board of control; said board shall, with approval of the gov- 
ernor, appoint and fix salaries of a superintendent and subordinates and 
make and enforce rules and regulations; the superintendent and all subordi- 
nate officers shall be women ; if a married woman be appointed to any posi- 
tion in said school, her husband may, with consent of the board, reside at the 
institution and may be assigned such duties as board may determine. Super- 
intendent shall give bond. Said superintendent shall have immediate con- 
trol and management of said school. Any girl more than 10 and under 18 
years old, if found delinquent, may be committed to said school by the court, 
there to remain until 21 years old unless paroled or discharged. Board of 
control, acting with superintendent of school, shall arrange a system of marks 
whereby an inmate may be paroled or discharged. Every girl shall be en- 
titled to a parole of at least one year before reaching the age of 21 years. 
No girl shall be received into said school who is not of sound mind or who is 
physically unfit for discipline of said school. Board of control shall arrange 
for transportation of girls to and from school. Only teachers shall be em- 
ployed in said school who have been certified, by State board of education; 
instruction shall be in common-school branches and in trades and vocational 
occupations. Inmates may be apprenticed under certain conditions and may 
receive part of their earnings. 

See also B (e). State aid for elementary education; H (f), Compulsory 
attendance; U (c), Juvenile courts. 
West Virginia: West Virginia Industrial School for Boys shall be under 
control of State board of control ; governor shall, by and with advice and con- 
sent of the senate, appoint a superintendent for said school, who shall appoint 
officers, teachers, and employees for same ; salaries of all persons employed in 
said school shall be fixed by said board. Any boy under 18 years old and not 
under 10 years old may be committed to said school by a justice of the peace 
upon complaint of the person in parental relation to such boy or of some other 
person to effect that said boy is delinquent; any such boy convicted of a 
felony or misdemeanor punishable by imprisonment may be committed by the 
court to said school; any such boy likewise convicted in the courts of the 
United States for district of West Virginia may be received into said school ; 
boys so committed shall remain until 21 years old unless sooner discharged or 
bound out as apprentices. In ah. proceedings before justices of the peace for 
commitment of minors to said school justice shall appoint some person 
guardian ad litem for said minor. White and colored inmates of said school 
shall be kept separate. With the consent of an inmate, the board of control 
may bind him out as an apprentice to learn some trade. Any inmate com- 
mitted for an offense punishable by imprisonment may, when his presence is 
detrimental to said school, be transferred to the penitentiary. Any person 
who interferes with the control of inmates in said school shall be guilty of 
a misdemeanor, punishable by fine of not less than $10 nor more than $100 
or not more than 12 months' imprisonment, or both. County shall pay trans- 



U (e). SCHOOLS FOR DEPENDENTS AND DELINQUENTS. 861 

portation of boys to and from said school. County court of each county 
shall pay into State treasury $50 per year for each boy committed to said 
school from such county ; when parents or guardians voluntarily request com- 
mitment of boys, they shall, if able, pay expenses of such boys at said school. 
Superintendent of said school shall annually report list of inmates to State 
auditor. Inmates may be paroled. 

The West Virginia Home for Girls shall be under control of State board of 
control; said board shall appoint a superintendent for said home, who shall 
appoint all officers and employees; salaries of such officers and employees 
shall be fixed by said board; all officers and employees shall be women. 
Girls shall be received in said home who are committed thereto by justices of 
the peace or by any court of the State, if between ages of 7 and 18 years ; any 
such girl convicted of a misdemeanor or felony punishable by imprisonment 
may be, in discretion of the judge, committed to said home ; every girl com- 
mitted to said school shall remain there until 21 years old unless sooner dis- 
charged. A guardian ad litem shall be appointed for each such girl during 
action for commitment. Said home shall be primarily for care and reforma- 
tion of girls; white and colored inmates shall be held separate as far as 
practicable. Inmates may be bound out as apprentices to reputable persons 
for purposes of learning some trade; masters shall send such apprentices to 
free schools at least five months each year ; any wages earned by such appren- 
tices shall be kept by board and turned over to such girls upon reaching age 
of 21 years, or sooner if they marry. For cruelty or inhuman treatment of 
such apprentice the master shall be fined not less than $10 nor more than 
$100 and may In addition be confined in jail not to exceed 90 days. Any 
person who interferes with the control of such girls shall be fined not less 
than $5 nor more than $25. 
See also A (bl), State boards. 
Wisconsin: State public school shall be under control of the State board of 
control; object of said school shall be to care for and educate physically, 
mentally, and morally dependent or neglected children placed in said school. 
" Dependent child " and " neglected child " are defined in the law ; said terms 
apply to certain minors under 16 years old. " Delinquent child "is defined in 
the law ; said term applies to certain boys under age of 17 years and to certain 
girls under 18 years old. Judges of the courts of record in each county shall 
designate one of their number to act as judge of juvenile court; juvenile 
court shall be a separate branch of the court. Judges of courts of record in 
counties having over 150,000 population shall biennially appoint four or more 
probation officers of the juvenile court, one such officer to be a woman ; in 
other counties one or more probation officers shall be appointed ; county board 
shall fix compensation of probation officers; probation officers may be re- 
moved from office for cause. Any person interested may demand a jury of 
six in trial of any juvenile case. Court may appoint special probation offi- 
cers. The probation officer shall become conversant with conditions surround- 
ing the child ; shall report to chief probation officer. Chief probation officer 
shall attend juvenile court and assist at session thereof. Probation officers 
shall have police powers. Any reputable citizen being a resident in the 
county may petition the clerk of the court relative to minors apparently neg- 
lected, dependent, or delinquent; upon receipt of such petition the parent, 
guardian, or custodian of such child shall be summoned to appear in court 
with such child ; court may commit such child to some suitable institution or 
to care of a suitable association, person, or probation officer ; such child when 
needing medical attention may be placed in a public hospital or institution 
when no charge is made against the public treasury. Appeal from decision 



862 STATE LAWS RELATING TO PUBLIC EDUCATION. 

of juvenile court may be made to the supreme court. Cases coming under 
this act may be transferred from the justice court to the juvenile court. No 
child under 14 years old shall be confined in any jail or police station, but 
may be given into the charge of the proper officer; no child under 16 years 
old shall be confined with adult criminals. Judge of juvenile court may 
appoint a board of six inhabitants, who shall serve without compensation, to 
constitute a board of visitation; said board shall, at least once each year, 
visit institutions, associations, and societies receiving such children. Chil- 
dren under 14 years old of sound body and mind may be received into the 
State public school ; preference shall be given to children under 12 years old 
and to dependent and indigent orphan children of deceased soldiers and 
sailors of the State ; children so received shall remain until 16 years old, and 
for longer time if advisable; such children may be discharged from such 
school for good cause ; such children may be placed in suitable homes ; crip- 
pled or deformed children capable of receiving instruction may be received 
into said school. The wishes of parents or guardians shall be considered in 
selecting the institution to which dependent or neglected children are com- 
mitted. Children in the State public school shall be educated in the branches 
usually taught in common schools. State board of control Is made legal 
guardian of children committed to said school. Under certain conditions de- 
pendent children may be given State aid; under certain conditions parents, 
guardians, or custodians may be given State aid for such children. Superin- 
tendent of said school shall make a biennial report to State board of control. 
State board of control may consent to the adoption of any inmate of said 
school by a suitable person. 

Wisconsin Industrial School for Boys shall be place of confinement and 
instruction of all male children between ages of 8 and 16 years committed 
thereto as vagrants, or on conviction of any criminal offense, or for incor- 
rigible or vicious conduct. Said school shall be under control of State board 
of control ; inmates may be discharged by said board when deemed advisable. 
The county of residence of each inmate shall pay cost of maintenance of 
such inmate at rate of $1 per week each. Said board shall make necessary 
rules and regulations; shall cause inmates to be instructed in branches 
of useful knowledge ; may bind inmates out with their consent or consent of 
parents or guardians. Religious opinions of inmates shall not be interfered 
with. Board shall appoint officers, teachers, and employees for said school. 
Under certain conditions boys between ages of 16 and 18 years may be 
ceived in said school. Commitment shall be for period until 21 years old; 
child must be given a hearing before being committed. 

See also A (bl). State boards. 
Wyoming: The district court may commit to the custody and guardianship 
of the house of refuge or reform or industrial school of any State where 
provision is made for such persons any child or children under 16 years old 
who may have been convicted of any offense except homicide. State board 
of charities and reform may contract with a house of refuge or correction 
for caring for delinquent children ; State shall pay expenses not to exceed $4 
per week. 

When a child under 14 years old Is brought before a court of competent 
jurisdiction for commitment to the reform school, such court shall give 
notice to incorporated or other society doing active work in placing children 
in family homes and, if society is willing to accept such child, court may 
commit child to custody of such society. If society declines to accept child 
or if society becomes unable to exercise proper restraint, court may commit 
child to reform school. 



APPENDIX A. 

STATE CONSTITUTIONAL PROVISIONS RELATING TO PUBLIC 

EDUCATION. 



AliABAMA. 



Aet. IY, Sec. 73. No appropriation shall be made to any charitable or educa- 
tional institution not under the absolute control of the State, other than normal 
schools established by law for the professional training of teachers for the public 
schools of the State, except by a vote of two-thirds of all members elected to 
each house. 

Sec. 91. The legislature shall not tax * * * ^Q^g ^ ^^ile or more distant 
from such cities or towns, to the extent of 5 acres, with the buildings thereon, 
when same are used exclusively for religious worship, for schools, or for pur- 
poses purely charitable. 

Sec. 104. The legislature shall not pass a special, private or local law in any of 
the follo'^'ing cases ; * * * 

(17). Authorizing any county, city, town, village, district, or other political 
subdivision of a county, to issue bonds or other securities unless the issuance of 
said bonds or other securities shall have been authorized before the enactment 
of such local or special law, by a vote of the duly qualified electors of such- 
county, township, city, to-^Ti, village, district, or other political subdivision of a 
county, at an election held for such purpose, in the manner that may be pre- 
scribed by law : Provided, The legislature may without such election pass special 
laws to refund bonds issued before the date of the ratification of this constitu- 
tion; * * * 

(22). Establishing separate school districts. * * * 

Abt. Y, Sec 112. The executive department shall consist of a governor, lieu- 
tenant governor, attorney general, State auditor, secretary of state. State treas- 
urer, superintendent of education, commissioner of agriculture and industries, 
and a sheriff for each county. 

Sec 114. The * * * superintendent of education * * * shall be 
elected by the qualified electors of the State at the same time and places ap- 
pointed for the election of members of the legislature in the year 1902, and in 
every fourth year thereafter. 

Sec 115. The returns of every election for * * * superintendent of edu- 
cation * * * shall be sealed up and transmitted by the returning officers to 
the seat of government, directed to the speaker of the house of representatives, 
who shall, during the first week of the session to which such returns shall be 
made, open and publish them in the presence of both houses of the legislature 
in joint convention : but the speaker's duty and the duty of the joint convention 
shall be purely ministerial. The result of the election shall be ascertained and 
declared by the speaker from the face of the returns without delay. The person 
having the highest number of votes for any one of said offices shall be declared 
duly elected ; but if two or more persons shall have an equal and the highest 
number of votes for the same office, the legislature by joint vote, without delay, 
shall choose one of said persons for said office. Contested elections for * * * 
superintendent of education * * * shall be determined by both houses of 
the legislature in such manner as may be prescribed by law. 

Sec 116. The * * * superintendent of education * * * elected after 
the ratification of this constitution, shall hold their respective offices for the 
term of four years from the first Monday after the second Tuesday in January 
next succeeding their election, and until their successors shall be elected and 
qualified. After the first election under this constitution no one of said officers 
shall be eligible as his own successor. * * * 

863 



864 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Sec. 118. The * * * superintendent of education * * * shall receive 
compensation to be fixed by law, which shall not be increased or diminished dur- 
ing the term for which they shall have been elected, and shall * * * reside 
at the State capital during the time they continue in office, except during epi- 
demics. * * * 

Sec. 121. The governor may require information in writing, imder oath, from 
the officers of the executive department, named in this article, or created by 
statute, on any subject relating to the duties of their respective offices ; and he 
may at any time require information in writing, under oath, from all officers and 
managers of State institutions, upon any subject relating to the condition, man- 
agement, and expenses of their respective offices and institutions. Any such 
officer or manager who makes a willfully false report or fails without sufficient 
excuse to make the required report on demand, is guilty of an impeachable 
offense. 

Sec. 132. No person shall be eligible to the office of * * * superintendent 
of education * * * unless he shall have been a citizen of the United States 
at least seven years, and shall have resided in this State at least five years next 
preceding his election, and shall be at least 25 years old when elected. 

Sec. 136. Should the office of * * * superintendent of education * * * 
become vacant from any cause the governor shall fill such vacancy until the 
disability is removed or a. successor elected and qualified. In case any of said 
officers shall become of unsound mind, such unsoundness shall be ascertained by 
the supreme court upon the suggestion of the governor. 

Sec. 137. The * * * superintendent of education * * * shall perform 
such duties as may be prescribed by law. * * * 

Aet. TII, Sec. 173. The * * * superintendent of education * * * may 
be removed from office for willful neglect of duty, corruption in office, incompe- 
tency, or intemperance in the use of intoxicating liquors or narcotics to such an 
extent, in view of the dignity of the office and importance of its duties, as unfits 
the officer for the discharge of such duties, or for any offense involving moral 
turpitude while in office, or committed under color thereof, or connected there- 
with, by the senate sitting as a court of impeachment, under oath or affirmation, 
on articles or charges preferred by the house of representatives. * * * 

Sec. 175. The * * * county superintendents of education * * * jj^g^y 
be removed from office for any of the causes specified in section 173 of this 
constitution, by the circuit or other courts of like jurisdiction or a criminal 
court of the county in wliich such officers hold their office, under such regula- 
tions as may be prescribed by law : Provided, that the right of trial by jury and 
appeal in such cases shall be secured. 

Sec. 176. The penalties in cases arising under the three preceding sections 
shall not extend beyond removal from office, and disqualifications from holding 
office, under the authority of this State, for the term for which the officer was 
elected or appointed; but the accused shall be liable to indictment and punish- 
ment as prescribed by law. 

Aet. YIII, Sec. 193. Returns of elections * * * except the * * * 
superintendent of education * * * shall be made to the secretary of State. 

Sec. 194. The poll tax mentioned in this article shall be $1.50 upon each male 
inhabitant of the State over the age of 21 years and under the age of 45 years 
who would not now be exempt by law ; but the legislature is authorized to in- 
crease the maximum age fixed in this section to not more than 60 years. Such 
poll tax shall become due and payable on the 1st day of October in each year, 
and become delinquent on the first day of the iiext succeeding February, but no 
legal process, nor any fee or commission shall be allowed for the collection 
thereof. The tax collector shall make returns of poll-tax collections separate 
from other collections. 

Akt. XI, Sec. 216. Xo city, town, village, or other municipal corporation, 
other than as provided in this article, shall levy or collect a higher rate of taxa- 
tion in any one year on the property situated therein than one-half of 1 per 
centum of the value of such property as assessed for State taxation during the 
preceding year; * * * this section shall not apply to the city of Mobile, 
which city may, from and after the ratification of this constitution, levy a tax 
not to exceed the rate of three-fourths of 1 per centum to pay the expenses of 
the city government, and * * * this section shall not apply to the cities of 
Birmingham, Huntsville, and Bessemer, and the town of Andalusia, which cities 
and town may levy and collect a tax not to exceed one-half of 1 per centum, in 
addition to the tax of one-half of 1 per centum as hereinbefore allowed to be 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 865 

levied and collected, such special tax to be applied exclusively to the payment of 
interest on bonds of said cities of Birmingham, Huntsville, and Bessemer, and 
town of Andalusia, respectively, heretofore issued in pursuance of law, or now 
authorized by law to be issued, and for a sinking fund to pay off said bonds at 
maturity thereof: And provided further, That this section shall not apply to the 
city of Montgomery, which city shall have the right to levy and collect a tax 
of not exceeding one-half of 1 per centum per annum upon the value of taxable 
property therein, as fixed for State taxation, for general purposes, and an addi- 
tional tax of not exceeding three-fourths of 1 per centum per aunnm upon the 
value of the property therein, as fixed for State taxation, to be devoted exclu- 
sively to the payment of its public debt, interest thereon, and renewals thereof, 
and to the maintenance of its public schools, and public conveniences : And 
provided further, That this section shall not apply to Troy, Attalla, Gadsden, 
Woodlawn, Brewton, Pratt City, Ensley, Wylam, and Avondale, which cities and 
towns may, from and after the ratification of this constitution, levy and collect 
an additional tax of not exceeding one-half of 1 per centum : And provided fur- 
ther, That this section shall not apply to the cities of Decatur, New Decatur, 
and Cullman, which cities may, from and after the ratification of this constitu- 
tion, levy and collect an additional tax of not exceeding three-tenths of 1 per 
centum per annum; such special tax of said city of Decatur to be applied 
exclusively for the public schools, public-school buildings, and public im- 
provements; and such special tax of New Decatur and Cullman to be applied 
exclusively for educational purposes, and to be expended under their respective 
boards of public-school trustees ; but this additional tax shall not be levied by 
Troy, Attalla, Gadsden, Woodlawn, Brewton, Pratt City, Ensley, Wylam, Avon- 
dale, Decatur, New Decatur, or Cullman unless authorized by a majority vote 
of the qualified electors voting at a special election held for the purpose of as- 
certaining whether or not said tax shall be levied: And provided further, That 
the purposes for which such special tax is sought to be levied shall be stated in 
such election call, and, if authorized, the revenue derived from such specail tax 
shall be used for no other purpose than that stated : And provided further. That 
the additional tax authorized to be levied by the city of Troy, when so levied 
and collected, shall be used exclusively in the payment of the bonds and interest 
coupons thereon, hereafter issued in the adjustment of the present bonded 
indebtedness of said city: And provided further. That the additional tax au- 
thorized to be levied and collected by the city of Attalla shall, when so levied 
and collected, be used exclusively in the payment of bonds to the amount of not 
exceeding $25,000, and the interest coupons thereon, hereafter to be issued in the ' 
adjustment of the present indebtedness of said city: Provided further. That 
the governing boards of said cities, which are authorized to levy an additional 
tax, after the holding of an election as aforesaid, are hereby authorized to pro- 
vide by ordinance the necessary machinery for the holding of said election and 
declaring the result thereof. 

Sec, 217, The property of private corporations, associations, and individuals 
of this State shall forever be taxed at the same rate: Provided, This section 
shall not apply to institutions devoted exclusively to religious, educational, or 
charitable purposes. 

Aet. XII, Sec. 222. The legislature, after the ratification of this constitution, 
shall have authority to pass general laws authorizing the counties, cities, towns, 
villages, districts, or other political subdivisions of counties to issue bonds, but 
no bonds shall be issued under authority of a general law unless such issue 
of bonds be first authorized by a majority vote by ballot of the qualified voters 
of such county, city, town, village, district, or other political subdivision of a 
county voting upon such proposition. The ballot used at such election shall 

contain the words " For bond issue " and ^'Against bond issue " 

(the character of the bond to be shown in the blank space), and the voter shall 
indicate his choice by placing a cross mark before or after the one or the other. 
This section shall not apply to the renewal, refunding, or reissue of bonds law- 
fully issued, nor to the issuance of bonds in cases where the same have been 
authorized by laws enacted prior to the ratification of this constitution. * * * 

Sec. 224. No county shall become indebted in an amount, including present 
indebtedness, greater than 3i per centum of the assessed value of the property 
therein: Provided, This limitation shall not affect any existing indebtedness 
in excess of such 3i per centum, which has already been created or authorized by 
existing law to be created: Provided, That any county which has already in- 
curred a debt exceeding 3i per centum of the assessed value of the property 

3966°— 15 55 



866 STATE LAWS RELATING TO PUBLIC EDUCATION. 

therein shall be authorized to incur an indebtedness of li per centum of the 
assessed value of such property in addition to the debt already existing. 
Nothing herein contained shall prevent any county from issuing bonds, or other 
obligations, to fund or refund any indebtedness now existing or authorized by 
existing laws to be created. 

Sec. 225. No city, town, or other municipal corporation having a population 
of less than 6,000, except as hereinafter provided, shall become indebted in 
an amount, including present indebtedness, exceeding 5 per centum of the 
assessed value of the property therein, except for the construction or purchase 
of waterworks, gas or electric lighting plants, or sewerage, or for the improve- 
ment of streets, for which purposes an additional indebtedness not exceeding 
3 per centum may be created : Provided, This limitation shall not affect any 
debt now authorized by law to be created, nor any temporary loans to be paid 
within one year, made in anticipation of the collection of taxes, not exceeding 
one-fourth of the annual revenues of such city or town. All towns and cities 
having a population of 6,000 or more, also Gadsden, Ensley, Decatur, and New 
Decatur, are hereby authorized to become indebted in an amount, including 
present indebtedness, not exceeding 7 per centum of the assessed valuation of 
the property therein, provided that there shall not be included in the limitation 
of the indebtedness of such last-described cities and towns the following classes 
of indebtedness, to wit: Temporary loans, to be paid within one year, made 
in anticipation of the collection of taxes, and not exceeding one-fourth of the 
general revenues, bonds, or other obligations already issued, or which may 
hereafter be issued for the purpose of acquiring, providing, or constructing 
schoolhouses, waterworks, and sewers; and obligations incurred and bonds 
issued for street or sidewalk improvements, where the cost of the same, in 
whole or in part, is to be assessed against the property abutting said im- 
provements : Provided, That the proceeds of all obligations issued as herein 
provided in excess of said 7 per centum shall not be used for any purpose other 
than that for which said obligations were issued. Nothing contained in this 
article shall prevent the funding or refunding of existing indebtedness. This 
section shall not apply to the cities of Sheffield and Tuscumbia. 

Sec. 226. No city, town, or village, whose present indebtedness exceeds the 
limitation imposed by this constitution, shall be allowed to become indebted in 
any further amount, except as otherwise provided in this constitution, until 
such indebtedness shall be reduced within such limit : Provided, however, That 
nothing herein contained shall prevent any municipality, except the city of 
Gadsden, from issuing bonds already authorized by law : Provided further. That 
this section shall not apply to the cities of Sheffield and Tuscumbia. 

Aet. XIV, Sec. 256. The legislature shall establish, organize, and maintain a 
liberal system of public schools throughout the State for the benefit of the 
children thereof between the ages of 7 and 21 years. The public-school fund 
shall be apportioned to the several counties in proportion to the number of 
school children of school age therein, and shall be so apportioned to the schools 
in the districts or townships in the county as to provide, as nearly as prac- 
ticable, school terms of equal duration in such school districts or townships. 
Separate schools shall be provided for white and colored children, and no child 
of either race shall be permitted to attend a school of the other race. 

Sec. 257. The principal of all funds arising from the sale or other disposition 
of lands or other property, which has been or may hereafter be granted or 
intrusted to this State or given by the United States for educational purposes 
shall be preserved inviolate and undiminished; and the income arising there- 
from shall be faithfully applied to the specific object of the original grants 
or appropriations. 

Sec. 258. All lands or other property given by individuals, or appropriated 
by the State for educational purposes, and all estates of deceased persons who 
die without leaving a will or heir shall be faithfully applied to the maintenance 
of the public schools. 

Sec 259. All poll taxes collected in this State shall be applied to the support 
of the public schools in the respective counties where collected. 

Sec 260. The income arising from the sixteenth-section trust fund, the sur- 
plus-revenue fund, until it is called for by the United States Government, and 
the funds enumerated in sections 257 and 258 of this constitution, together with 
a special annual tax of 30 cents on each $100 of taxable property in this State, 
which the legislature shall levy, shall be applied to the support and mainte- 
nance of the public schools, and it shall be the duty of the legislature to in- 
crease the public-school fund from time to time, as the necessity therefor and 



CONSTITTJTION-AL PROVISIONS AS TO EDUCATION. 867 

the condition of the treasury and the resources of the State may justify: 
Provided, That nothing herein contained shall be so construed as to authorize 
the legislature to levy in any one year a greater rate of State taxation for all 
purposes, including schools, than 65 cents of each $100 worth of taxable 
property: A7vd provided further, That nothing herein contained shall prevent 
the legislature from first providing for the payment of the bonded indebtedness 
of the State and interest thereon out of all the revenues of the State. 

Sec. 261. Not more than 4 per cent of all moneys raised, or which may here- 
after be appropriated for the sui^port of public schools, shall be used or ex- 
pended otherwise than for the payment of teachers employed in such schools: 
Provided, That the legislature may, by a vote of two-thirds of each house, 
suspend the operation of this section. 

Sec. 262. The supervision of the public schools shall be vested in a superin- 
tendent of education, whose powers, duties, and compensation shall be fixed by 
law. 

Sec. 263. No money raised for the support of the public schools shall be 
appropriated to or used for the support of any sectarian or denominational 
school. 

Sec. 264. The State university shall be under the management and control 
of a board of trustees which shall consist of two members from the congres- 
sional district in which the university is located, one from each of the other 
congressional districts in the State, the superintendent of education, and the 
governor, who shall be ex officio president of the board. The members of the 
board of trustees as now constituted shall hold office until their respective terms 
expire under existing law, and until their successors shall be elected and con- 
firmed as hereinafter required. Successors to those trustees whose terms expire 
in 1902 shall hold office until 1907; successors to those trustees whose terms 
expire in 1904 shall hold office until 1911; successors to those trustees whose 
terms expire in 1906 shall hold office until 1915; and thereafter their succes- 
sors shall hold office for a term of 12 years. When the term of any member of 
such board shall expire, the remaining members of the board shall by secret 
ballot elect his successor: Provided, That any trustee so elected shall hold 
office from the date of his election until his confirmation or rejection by the 
senate, and, if confirmed, until the expiration of the term for which he was 
elected, and until his successor is elected. At every meeting of the legislature 
the superintendent of education shall certify to the senate the names of all 
who have been so elected since the last session of the legislature, and the 
senate shall confirm or reject them, as it shall determine is for the best in- 
terest of the university. If it reject the names of any members, it shall 
thereupon elect trustees in the stead of those rejected. In case of a vacancy 
on said board by death or resignation of a member, or from any cause other 
than the expiration of his term of office, the board shall elect his successor, 
who shall hold office until the next session of the legislature. No trustee 
shall receive any pay or emolument other than his actual expenses incurred in 
the discharge of his duties as such. 

Sec 265. After the ratification of this constitution there shall be paid out 
of the treasury of this State, at the time and in the manner provided by law, 
the sum of not less than $36,000 per annum as interest on the funds of the 
University of Alabama, heretofore covered into the Treasury, for the mainte- 
nance and support of said institution: Provided, That the legislature shall 
have the power at any time they deem proper for the best interest of said 
university to abohsh the military system at said institution, or reduce the said 
system to a department of instruction, and that such action on the part of the 
legislature shall not cause any diminution of the amount of the annual inter- 
est payable out of the treasury for the support and maintenance of said 
university. 

Sec 266. The Alabama Polytechnic Institute, formerly called the Agri- 
cultural and Mechanical College, shall be under the management and control 
of a board of trustees, which shall consist of two members from the congres- 
sional district in which the institute is located, and one from each of the other 
congressional districts in the State, the State superintendent of education, 
and the governor, who shall be ex officio president of the board. The trustees 
shall be appointed by the governor, by and with the advice and consent of the 
senate, and shall hold office for a term of 12 years, and until their successors 
shall be appointed a-nd qualified. The board shall be divided into three classes, 
as nearly equal as may be, so that one-third may be chosen quadriennially. 
Vacancies occurring in the office of trustees from death or resignation, and 



868 STATE LAWS EELATING TO PUBLIC EDUCATION. 

the vacancies regularly occurring in tlie year 1905, shall be filled by the gov- 
ernor, and such appointee shall hold office until the next meeting of the legis- 
lature. Successors to those trustees whose terms expire in 1903 shall hold 
office until 1911 ; successors to those whose terms of office expire in 1905 shall 
hold office until 1915; and successors to those whose terms of office expire in 
1907 shall hold office until 1919. No trustee shall receive any pay or emolu- 
ment other than his actual expenses incurred in the discharge of his duties 
as such. 

Sec. 267. The legislature shall not have power to change the location of the 
State university, or the Alabama Polytechnic Institute, or the Alabama School 
for the Deaf and Blind, or the Alabama Girls' Industrial School, as now estab- 
lished by law, except upon a vote of two-thirds of the legislature taken by 
yeas and nays and entered upon the journals. 

Sec. 268. The legislature shall provide for taking a school census by town- 
ships and districts throughout the State not oftener than once in two years, 
and shall provide for the punishment of all persons or officers making false or 
fraudulent enumerations and returns : Provided, The State superintendent of 
education may order and supervise the taking of a new census in any township, 
district, or county, whenever he may have reasonable cause to believe that false 
or fraudulent returns have been made. 

Sec. 269. The several counties in this State shall have power to levy and 
collect a special tax not exceeding 10 cents on each $100 of taxable property in 
such counties for the support of public schools : Provided, That the rate of such 
tax, the time it is to continue, and the purpose thereof shall have been first 
submitted to a vote of the qualified electors of the county, and voted for by 
three-fifths of those voting at such election; but the rate of such special tax 
shall not increase the rate of taxation, State and county combined, in any one 
year, to more than $1.25 on each $100 of taxable property ; excluding, however, 
all special county taxes for public buildings, roads, bridges, and the payment of 
debts existing at the ratification of the constitution of 1875. The funds arising 
from such special school tax shall be so apportioned and paid through the 
proper school officials to the several schools in the townships and districts in 
the county that the school terms of the respective schools shall be extended by 
such supplement as nearly the same length of time as practicable: Provided, 
That this section shall not apply to the cities of Decatur, New Decatur, and 
Cullman. 

Sec. 270. The provisions of this article and of any act of the legislature 
passed in pursuance thereof to establish, organize, and maintain a system of 
public schools throughout the State, shall apply to Mobile County only so far 
as to authorize and require the authorities designated by law to draw the 
portions of the funds to which said county shall be entitled for school purposes 
and to make reports to the superintendent of education as may be prescribed by 
law ; and all special incomes and powers of taxation as now authorized by law 
for the benefit of public schools in said county shall remain undisturbed nntil 
otherwise provided by the legislature : Provided, That separate schools for each 
race shall always be maintained by said school authorities. 



ARIZONA. 



Art. II, Sec. 12. * * * No public money or property shall be appropri- 
ated for or applied to any religious worship,, exercise, or instruction, or to the 
support of any religious establishment. * * * 

Art. IV, Sec 20. The general appropriation bill shall embrace nothing but 
appropriations for the different departments of the State, for State institutions, 
for public schools, and for interest on the public debt. * * * 

Art. V, Sec. 1. The executive department of the State shall consist of gover- 
jjj^j, * * * and superintendent of public instruction, each of whom shall hold 
his office for two years beginning on the first Monday of January next after his 
election, except that the terms of office of those elected at the election provided 
for in the enabling act approved June 20, 1910, shall begin when the State shall 
be admitted into the Union, and shall end on the first Monday in January, 
A. D. 1913, or when their successors are elected and qualify. 

The persons, respectively, having the highest number of votes cast for the 
office voted for shall be elected ; but if two or more persons shall have an equal 
and the highest number of votes for any one of said offices, the two houses of 



CONSMTUTIOKAL PROVISIOKS AS TO EDUCATION. 869 

the legislature at its next regular session shall elect forthwith, by joint ballot, 
one of such persons for said office. 

The officers of the executive department during their terms of office shall 
reside at the seat of government, where they shall keep their offices and the 
public records, books, and papers. They shall perform such duties as are pre- 
scribed by this constitution and as may be provided by law. 

Sec. 2. No person shall be eligible to any of the offices mentioned in section 
1 of this article except a male person of the age of not less than 25 years, who 
shall have been for 10 years next preceding his election a citizen of the United 
States, and for five years next preceding his election a citizen of Arizona. 

Sec. 9. The powers and duties of * * * superintendent of public instruc- 
tion shall be as prescribed by law. 

Sec. 13. Until otherwise provided by law the salaries of the State officers 
shall be as follows: * * * 

Superintendent of public Instruction, $2,500 per annum. 

Art. VI, Sec. 6. * * * The superior court shall have exclusive original 
jurisdiction in all proceedings and matters affecting dependent, neglected, in- 
corrigible, or delinquent children, or children accused of crime, under the age 
of 18 years. The judges of said courts must hold examinations in chambers of 
all such children concerning whom proceedings are brought, in advance of any 
criminal prosecution of such children, and shall have the power, in their dis- 
cretion, to suspend criminal prosecution for any offenses that may have been 
committed by such children. The powers of said judges to control such children 
shall be as prescribed by law. * * * 

Art. VII, Sec. 8. Qualifications for voters at school elections shall be as are 
how, or as may hereafter be, provided by law. 

Sec. 13. Questions upon bond issues or special assessments shall be submitted 
to the vote of property taxpayers, who shall also in all repects be qualified 
electors of the State, and of the political subdivision thereof affected by such 
question. 

Art. IX, Sec 2. * * * Property of educational, charitable, and religious 
associations or institutions not used or held for profit may be exempted from 
taxation by law. * * * 

Sec 8. No county, city, town, school district, or other municipal corporation 
shall for any purpose become indebted in any manner to an amount exceeding 
4 per centum of the taxable property in such county, city, town, school district, 
or other municipal corporation, without the assent of a majority of the property 
taxpayers, who must also in all respects be qualified electors, therein voting at 
an election provided by law to be held for that purpose, the value of the taxable 
property therein to be ascertained by the last assessment for State and county 
purposes, previous to incurring such indebtedness; except, that in incorporated 
cities and towns assessments shall be taken from the last assessment for city 
or town purposes : Provided, That under no circumstances shall any county or 
school district become indebted to an amount exceeding 10 per centum of such 
taxable property, as shown by the last assessment roll thereof; * * *^ 

Sec 10. No tax shall be laid or appropriation of public money made in aid 
of any church, or private or sectarian school, or any public service corporation. 

Art. X, Sec 1. All lands expressly transferred and confirmed to the State 
hj the provisions of the enabling act approved June 20, 1910, including all 
lands granted to the State and all lands heretofore granted to the Territory 
of Arizona, and all lands otherwise acquired by the State, shall be by the State 
accepted and held in trust to be disposed of in whole or in part, only in manner 
as in the said enabling act and in this Constitution provided, and for the several 
objects specified in the respective granting and confirmatory provisions. The 
natural products and money proceeds of any of said lands shall be subject to 
the same trusts as the lands producing the same. 

Sec 2, Disposition of any of said lands, or of any money or thing of value 
directly or indirectly derived therefrom, for any object other than that for 
which such particular lands (or the lands from which such money or thing 
of value shall have been derived) were granted or confirmed, or in any manner 
contrary to the provisions of the said enabling act, shall be deemed a breach of 
trust. 

Sec 3. No mortgage or other incumbrance of the said lands, or any thereof, 
shall be valid in favor of any person or for any purpose or under any circum- 
stances whatsoever. Said lands shall not be sold or leased, in whole or in part, 
except to the highest and best bidder at a public auction to be held at the 



870 STATE LAWS RELATING TO PUBLIC EDUCATION. 

county seat of the county wherein the lands to be affected, or the major portion 
thereof, shall lie, notice of which public auction shall first have been duly 
given by advertisement, which shall set forth the nature, time, and place of 
the transaction to be had, with a full description of the lands to be offered, and 
be published once each week for not less than 10 successive weeks in a news- 
paper of general circulation published regularly at the State capital, and in that 
newspaper of like circulation which shall then be regularly published nearest 
to the location of such lands so offered ; nor shall any sale or contract for the 
sale of any timber or other natural product of such lands be made, save at the 
place, in the manner, and after the notice by publication thus provided for 
sales and leases of the lands themselves: Provided, That nothing herein con- 
tained shall prevent the leasing of said lands referred to in this article, for a 
term of five years or less, without said advertisement herein required. 

Sec. 4. All lands, leaseholds, timber, and other products of land, before being 
offered, shall be appraised at their true value, and no sale or other disposal 
thereof shall be made for a consideration less than the value so ascertained, nor 
in any case less than the minimum price hereinafter fixed, nor upon credit unless 
accompanied by ample security, and the legal title shall not be deemed to have 
passed until the consideration shall have been paid. 

Sec. 5. No lands shall be sold for less than $3 per acre, and no lands which 
are or shall be susceptible of irrigation under any projects now or hereafter 
completed or adopted by the United States under legislation for the reclama- 
tion of lands, or under any other project for the reclamation of lands, shall be 
sold at less than $25 per acre ; Provided, That the State, at the request of the 
Secretary of the Interior, shall from time to time relinquish such of its lands 
to the United States as at any time are needed for irrigation works in connec- 
tion with any such Government project, and other lands in lieu thereof shall be 
selected from lands of the character named and in the manner prescribed in 
section 24 of the said enabling act. 

Sec. 6. No lands reserved and excepted of the lands granted to this State by 
the United States, actually or prospectively valuable for the development of 
M^ater powers or power for hydroelectric use or transmission, which shall be 
ascertained and designated by the Secretary of the Interior within five years 
after the proclamation of the President declaring the admission of the State, 
shall be subject to any disposition whatsoever by the State or by any officer 
of the State, and any conveyance or transfer of such lands made within said 
five years shall be null and void. 

Sec. 7. A separate fund shall be established for each of the several objects for 
which the said grants are made and confirmed by the said enabling act to the 
State, and whenever any moneys shall be in any manner derived from any of 
said lands, the same shall be deposited by the State treasurer in the fund cor- 
responding to the grant under which the particular land producing such moneys 
was, by said enabling act, conveyed or confirmed. No moneys shall ever be 
taken from one fund for deposit in any other, or for any object other than that 
for which the land producing the same was granted or confirmed. The State 
treasurer shall keep all such moneys invested in safe, interest-bearing securities, 
which securities shall be approved by the governor and secretary of state, and 
shall at all times be under a good and sufficient bond or bonds conditioned for 
the faithful performance of his duties in regard thereto. 

Sec 8. Every sale, lease, conveyance, or contract of or concerning any of the 
lands granted or confirmed, or the use thereof or the natural products thereof 
made to this State by the said enabling act, not made in substantial conformity 
with the provisions thereof, shall be null and void. 

Sec 9. All lands expressly transferred and confirmed to the State by the pro- 
visions of the enabling act approved June 20, 1910, including all lands granted 
to the State, and all lands heretofore granted to the Territory of Arizona and 
all lands otherwise acquired by the State, may be sold or leased by the State in 
the manner and on the conditions and with the limitations prescribed by the 
said enabling act and this constitution, and as may be further prescribed by 
law: Provided, That the legislature shall provide for the separate appraise- 
ment of the lands and of the improvements on school and university lands which 
have been held under lease prior to the adoption of this constitution, and for 
reimbursement to the actual bona fide residents or lessees of such lands upon 
which such improvements are situated, as prescribed by Title 65, Civil Code of 
Arizona, 1901, and in such cases only as permit reimbursements to lessees in 
said Title 05. 



CONSTITUTIONAL PEOVISIONS AS TO EDUCATION. 871 

Sec. 10. The legislature shall provide by proper laws for the sale of all State 
lands or the lease of such lands for terms not longer than five years, and shall 
further provide by said laws for the protection of the actual bona fide residents 
and lessees of said lands, whereby such residents and lessees shall be protected 
in their rights to their improvements, including water rights, in such manner 
that in case of lease to other parties the former lessee shall be paid by the suc- 
ceeding lessee the value of said improvements and rights, and actual bona fide 
residents and lessees shall have preference to renewal of their leases at a re- 
assessed rental, fixed as provided by law. 

Sec. 11. No individual, corporation, or association shall ever be allowed to 
purchase or lease more than 160 acres of agricultural land or more than 640 
acres of grazing land. 

Art. XI. Sec. 1. The legislature shall enact such laws as shall provide for the 
establishment and maintenance of a general and uniform public-school system, 
which system shall include kindergarten schools, common schools, high schools, 
normal schools, industrial schools, and a university (which shall include an 
agricultural college, a school of mines, and such other technical schools as may 
be essential, until such time as it may be deemed advisable to establish separate 
State institutions of such character). The legislature shall also enact such laws 
as shall provide for the education and care of the deaf, dumb, and blind. ' 

Sec. 2. The general conduct and supervision of the public-school system shall 
be vested in a State board of education, a State superintendent of public in- 
struction, county school superintendents, and such governing boards for the 
State institutions as may be provided by law. 

Sec, 3. The State board of education shall be composed of the following mem- 
bers : The governor, the superintendent of public instruction, the president of 
the university, and principals of the State normal schools, as ex oflicio members, 
and a city superintendent of schools, a principal of a high school, and a county 
superintendent of schools, to be appointed by the governor. The powers and 
duties of the board shall be such as may be prescribed by law. The members 
of the board shall serve without pay, but all their necessary expenses incurred 
in attending the meetings of the board, and for printing, shall be provided for 
by law. 

Sec. 4. The State superintendent of public instruction shall be a member and 
secretary of the State board of education and, ex officio, a member of any other 
board having control of public instruction in any State institution. His powers 
and duties shall be prescribed by law. 

Sec. 5. The regents of the university and the governing boards of other State 
educational institutions shall be appointed by the governor, except that the gov- 
ernor shall be, ex officio, a member of the board of regents of the university. 

Sec. 6. The university and all other State educational iQstitutions shall be 
open to students of both sexes, and the instruction furnished shall be as nearly 
free as possible. 

The legislature shall provide for a system of common schools by which a free 
school shall be established and maintained in every school district for at least 
six months in each year, which school shall be open to all pupils between the 
ages of 6 and 21 years. 

Sec. 7, No sectarian instruction shall be imparted in any school or State edu- 
cational institution that may established under this constitution, and no re- 
ligious or political test or qualification shall ever be required as a condition of 
admission into any public educational institution of the State, as teacher, 
student, or pupil ; but the liberty of conscience hereby secured shall not be so 
construed as to justify practices or conduct inconsistent with the good order, 
peace, morality, or safety of the State, or with the rights of others. 

Sec. 8. A permanent State school fund for the use of the common schools 
shall be derived from the sale of public-school lands or other public lands 
specified in the enabling act approved June 20, 1910; from all estates or dis- 
tributive shares of estates that may escheat to the State; from all unclaimed 
shares and dividends of any corporation incorporated under the laws of Ari- 
zona ; and from all gifts, devises, or bequests made to the State for general 
educational purposes. 

The income derived from the investment of the permanent State school fund 
and from the rental derived from school lands, with such other funds as may 
be provided by law shall be apportioned annually to the various counties of the 
State in proportion to the number of pupils of school age residing therein. 



872 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Sec. 9. Tlie amount of this apportionment shall become a part of the county- 
school fund, and the legislature shall enact such laws as will provide for in- 
creasing the county fund sufficiently to maintain all the public schools of the 
county for a minimum term of six months in every school year. The laws of 
the State shall enable cities and towns to maintain free high schools, industrial 
schools, and commercial schools. 

Sec. 10. The revenue for the maintenance of the respective State educational 
institutions shall be derived from the investment of the proceeds of the sale, 
and from the rental of such lands as have been set aside by the enabling act 
approved June 20, 1910, or other legislative enactment of the United States, 
for the use and benefit of the respective State educational institutions. In addi- 
tion to such income the legislature shall make such appropriations, to be met by 
taxation, as shall insure the proper maintenance of all State educational insti- 
tutions, and shall make such special appropriations as shall provide for their 
development and improvement. 

Aet. XII, Sec. 3. Subject to change by law, there are hereby created in and 
for each organized county of the State the following officers, who shall be elected 
by the qualified electors thereof: * * * school superintendent * * * 
elected for a term of two years. * * * 

Sec. 4. The duties, powers, and qualifications of such officers shall be as pre- 
scribed by law. * * * 

Akt. XVIII, Sec. 2. No child under the age of 14 years shall be employed in 
any gainful occupation at any time during the hours in which the public schools 
of the district in which the child resides are in session; nor shall any child 
under 16 years of age be employed underground in mines, or in any occupation 
injurious to health or morals or hazardous to life or limb ; nor in any occupa- 
tion at night or for more than eight hours in any day. 

Aet. XX, Seventh. Provisions shall be made by law for the establishment and 
maintenance of a system of public schools which shall be open to all the chil- 
dren of the State and be free from sectarian control, and said schools shall 
always be conducted in English. 

Aet. XXII, Sec. 15. Reformatory and penal institutions, and institutions for 
the benefit of the insane, blind, deaf, and mute, and such other institutions as 
the public good may require, shall be established and supported by the State in 
such manner as may be prescribed by law. 

Sec. 16. It shall be unlawful to confine any minor under the age of 18 years, 
accused or convicted of crime, in the same section of any jail or prison in which 
adult prisoners are confined. Suitable quarters shall be prepared for the con- 
finement of such minors. 

ARKANSAS. 

Aet. VII, Sec. 46. The qualified electors of each county shall elect * * * 
one treasurer, who shall be ex officio treasurer of the common-school fund 
of the county. * * * 

Aet. XII, Sec. 2. The general assembly shall pass no special act conferring 
corporate powers, except for charitable, educational, penal, or reformatory 
purposes, where the corporations created are to be and remain under the 
patronage and control of the State. 

Sec. 4. No municipal corporation shall be authorized to pass any laws contrary 
to the general laws of the State, nor levy any .tax on real or personal property 
to a greater extent, in one year, than 5 mills on the dollar of the assessed value 
of the same. * * * 

Aet. XIV, Sec. 1. Intelligence and virtue being the safeguards of liberty and 
the bulwark of a free and good government, the State shall ever maintain a 
general, suitable, and efficient system of free schools whereby all persons in the 
State between the ages of 6 and 21 years may receive gratuitous instruction. 

Sec. 2. No money or property belonging to the public-school fund or to this 
State, for the benefit of schools or universities, shall ever be used for any other 
than for the respective purposes to which it belongs. 

Sec. 3. The general assembly shall provide by general laws for the support 
of common schools by taxes, which shall never exceed in any one year 3 mills on 
the dollar on the taxable property of the State, and by an annual per capita 
tax of $1, to be assessed on every male inhabitant of this State over the age of 
21 years : Promded, The general assembly may, by general law, authorize school 
districts to levy by a vote of the qualified electors of such district a tax not 
to exceed 7 mills on the dollar in any one year for school purposes: Provided 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 873 

further, That no such tax shall be appropriated to any other purpose nor to 
any other district than that for which it was levied. 

Sec. 4. The supervision of public schools, and the execution of the laws 
regulating the same, shall be vested in and confided to, such officers as may be 
provided for by the general assembly. 

Art. XIX, Sec. 19, It shall be the duty of the general assembly to provide 
by law for the support of Institutions for the education of the deaf and dumb, 
and of the blind. * * * 



CAIilFORNIA. 



Abt. IV, Sec. 25. The legislature shall not pass local or special laws in any 
of the following enumerated cases; that is to say: * * * 

Twenty-seventh — Providing for the management of common schools. * * * 

Sec. 30. Neither the legislature nor any county, city and county, township, 
school district, or other municipal corporation shall ever make an appropriation 
or pay from any public fund whatever or grant anything to * * * support 
or sustain any school, college, university, hospital, or other institution controlled 
by any religious creed, church, or sectarian denomination whatever ; * * * 

Art. IX, Sec. 1. A general diffusion of knowledge and intelligence being 
essential to the preservation of the rights and liberties of the people, the legis- 
lature shall encourage by all suitable means the promotion of intellectual, scien- 
tific, moral, and agricultural improvement. 

Sec 2. A superintendent of public instruction shall, at each gubernatorial 
election after the adoption of this constitution, be elected by the qualified elec- 
tors of the State. He shall receive a salary equal to that of the secretary of 
state, and shall enter upon the duties of his office on the first Monday after 
the first day of January next succeeding his election. 

Sec. 3. A superintendent of schools for each county shall be elected by the 
qualified electors thereof at each gubernatorial election: Provided, That the 
legislature may authorize two or more counties to unite and elect one superin- 
tendent for the counties so uniting. 

Sec 4. The proceeds of all lands that have been or may be granted by the 
United States to this State for the support of common schools, which may be, 
or may have been, sold or disposed of, and the 500,000 acres of land granted 
to the new States under an act of Congress distributing the proceeds of the 
public lands among the several States of the Union, approved A. D. 1841, and 
all estates of deceased persons who may have died without leaving a will or 
heir, and also such per cent as may be granted, or may have been granted, by 
Congress on the sale of lands in this State, shall be and remain a perpetual 
fund, the interest of which, together with all the rents of the unsold lands, and 
such other means as the legislature may provide, shall be inviolably appro- 
priated to the support of common schools throughout the State. 

Sec 5. The legislature shall provide for a system of common schools by 
which a free school shall be kept up and supported in each district at least six 
months in every year, after the first year in which a school has been established. 

Sec 6. The public-school system shall include day and evening elementary 
schools and such day and evening secondary schools, normal schools, and tech- 
nical schools as may be established by the legislature or by municipal or district 
authority. The entire revenue derived from the State school fund and from the 
general State school tax shall be applied exclusively to the support of day and 
evening elementary schools; but the legislature may authorize and cause to be 
levied a special State school tax for the support of day and evening secondary 
schools and technical schools, or either of such schools, included in the public- 
school system, and all revenue derived from such special tax shall be applied 
exclusively to the support of the schools for which such special tax shall be 
levied. 

Sec 7. The legislature shall provide for the appointment or election of a 
State board of education, and said board shall provide, compile, or cause to 
be compiled, and adopt, a uniform series of textbooks for use in the day and 
evening elementary schools throughout the State. The State board may cause 
such textbooks, when adopted, to be printed and published by the superintendent 
of State printing, at the State printing oflBce ; and wherever and however such 
textbooks may be printed and published, they shall be furnished and distributed 
by the State free of cost or any charge whatever, to all children attending the 
day and evening elementary schools of the State, under such conditions as the 



874 STATE LAWS RELATING TO PUBLIC EDUCATIOK. 

legislature shall prescribe. The textbooks, so adopted, shall continue in use not 
less than four years, without any change or alteration whatsoever which will 
require or necessitate the furnishing of new books to such pupils, and said State 
board shall perform such other duties as may be prescribed by law. The legis- 
lature shall provide for a board of education in each county in the State. The 
county superintendents and the county boards of education shall have control of 
the examination of teachers and the granting of teachers' certificates within 
their respective jurisdictions. 

Sec. 8. No public money shall ever be appropriated for the support of any 
sectarian or denominational school or any school not under the exclusive control 
of the officers of the public schools ; nor shall any sectarian or denominational 
doctrine be taught, or instruction thereon be permitted, directly or indirectly, in 
any of the common schools of this State. 

Sec, 9. The University of California shall constitute a public trust, and its 
organization and government shall be perpetually continued in the form and 
character prescribed by the organic act creating the same, passed March 23, 
1868 (and the several acts amendatory thereof), subject only to such legisla- 
tive control as may be necessary to insure compliance with the terms of its 
endowments and the proper investment and security of Its funds. It shall be 
entirely independent of all political or sectarian influence, and kept free there- 
from in the appointment of its regents, and in the administration of its affairs : 
Provided, That all the moneys derived from the sale of the public lands donated 
to this State by act of Congress, approved July 2, 1862 (and the several acts 
amendatory thereof), shall be invested as provided by said acts of Congress, 
and the interest of said moneys shall be inviolably appropriated to the endow- 
ment, support, and maintenance of at least one college of agriculture, where the 
leading objects shall be (without excluding other scientific and classical studies, 
and including military tactics) to teach such branches of learning as are related 
to scientific and practical agriculture and the mechanic arts, in accordance with 
the requirements and conditions of said acts of Congress ; and the legislature 
shall provide that if, through neglect, misappropriation, or any other contin- 
gency, any portion of the funds so set apart shall be diminished or lost, the State 
shall replace such portion so lost or misappropriated so that the principal 
thereof shall remain forever undiminished. No person shall be debarred admis- 
sion to any of the collegiate departments of the university on account of sex. 

Sec. 10. The trusts and estates created for the founding, endowment, and 
maintenance of the Leland Stanford Junior University, under and in accord- 
ance with "An act to advance learning, etc.," approved March 9, 1885, by the 
endowment grant executed by Leland Stanford and Jane Lathrop Stanford on 
the 11th day of November, A. D. 1885, and recorded in liber 83 of deeds, at page 
23, et seq., records of Santa Clara County, and by the amendments of such 
grant, and by gifts, grants, bequests, and devises supplementary thereto, and by 
confirmatory grants, are permitted, approved, and confirmed. The board of 
trustees of the Leland Stanford Junior University, as such, or In the name of 
the institution, or by other intelligible designation of the trustees or of the 
institution, may receive property, real or personal, and wherever situated, by 
gift, grant, devise, or bequest, for the benefit of the institution, or of any depart- 
ment thereof, and such property, unless otherwise provided, shall be held by the 
trustees of the Leland Stanford Junior University upon the trusts provided for 
in the grant founding the university, and amendments thereof, and grants, be- 
quests, and devises supplementary thereto. The legislature, by special act, may 
grant to the trustees of the Leland Stanford Junior University coiiDorate pow- 
ers and privileges, but it shall not thereby alter their tenure or limit their pow- 
ers or obligations as trustees. All property now or hereafter held in trust for 
the founding, maintenance, or benefit of the Leland Stanford Junior University, 
or of any department thereof, may be exempted by special act from State taxa- 
tion, and all personal property so held, the Palo Alto farm as described in the 
endowment grant to the trustees of the university, and all other real property 
so held and used by the university for educational purposes exclusively, may be 
similarly exempted from county and municipal taxation: Provided, That resi- 
dents of California shall be charged no fees for tuition unless such fees be 
authorized by act of the legislature. 

Sec 11, All property now or hereafter belonging to the California School of 
Mechanical Arts, an institution founded and endowed by the late James Lick to 
educate males and females in the practical arts of life, and incorporated under 
the laws of the State of California, November 23, 1885, having its school build- 
ings located in the city and county of San Francisco, shall be exempt from taxa- 
tion. The trustees of said institution must annually report their proceedings 



CONSTITUTIOITAL PEOVISIONS AS TO EDITCATIOI^. 875 

and financial accounts to the governor. The legislature may modify, suspend, 
and revive at will the exemption from taxation herein given. 

Sec. 12, All property now or hereafter belonging to the California Academy 
of Sciences, an institution for the advancement of science and maintenance of 
a free museum, and chiefly endowed by the late James I^ick, and incorporated 
under the laws of the State of California, January 16, 1871, having its buildings 
located in the city and county of San Francisco, shall be exempt from taxation. 
The trustees of said institution must annually report their proceedings and 
financial accounts to the governor. The legislature may modify, suspend, and 
revive at will the exemption from taxation herein given. 

Sec, 13, All property now or hereafter belonging to the Cogswell Poly- 
technical College, an institution for the advancement of learning, incorporated 
under the laws of the State of California, and having its buildings located in 
the city and county of San Francisco, shall be exempt from taxation. The 
trustees of said institution must annually report their proceedings and financial 
accounts to the governor. The legislature may modify, suspend, and revive at 
will the exemption from taxation herein given. 

Art. X, Sec. 2. The board of directors shall have the charge and superintend- 
ence of the State prisons, and shall possess such powers and perform such 
duties, in respect to other penal and reformatory institutions of the State, as 
the legislature may prescribe. 

Art. XI, Sec. 5. The legislature, by general and uniform laws, shall provide 
for the election or appointment in the several counties of boards of supervisors 

* * * and such other county, township, and municipal officers as public con- 
venience may require, and shall prescribe their duties and fix their terms of 
office. It shall regulate the compensation of all such officers * * *_ 

Sec. 18, No county, city, town, township, board of education, or school dis- 
tricts shall incur any indebtedness or liability in any manner or for any pur- 
pose exceeding in any year the income and revenue provided for such year 
without the assent of two-thirds of the qualified electors thereof, voting at an 
election to be held for that purpose, nor unless before or at the time of incurring 
such indebtedness provision shall be made for the collection of an annual tax 
sufficient to pay the interest on such indebtedness as it falls due, and also 
provision to constitute a sinking fund for the payment of the principal thereof 
on or before the maturity, which shall not exceed 40 years from the time of 
contracting the same: Provided, liotcever, That the city and county of San 
Francisco may at any time pay the unpaid claims, with interest thereon at the 
rate of 5 per cent per annum * * * foj. unpaid teachers' salaries for the 
fiftieth fiscal year, out of the income and revenue of any succeeding year or 
years, the amount to be paid in full of said claims not to exceed in the aggre- 
gate the sum of $500,000, and that no statute of limitations shall apply in any 
manner to these claims. * * * 

Art, XIII, Sec i. * * * that property used for free public libraries and 
free museums, growing crops, property used exclusively for public schools 

* * * shall be exempt from taxation, * * * 

Sec, la. Any educational institution of collegiate grade within the State of 
California, not conducted for profit, shall hold exempt from taxation its build- 
ing and equipment, its grounds within which its buildngs are located, not ex- 
ceeding 100 acres in area, its securities and income used exclusively for the 
purposes of education. 

Sec If. All bonds hereafter issued by the State of California, or by any 
county, city and county, municipal corporation, or district (including school, 
reclamation, and irrigation districts) within said State, shall be free and exempt 
from taxation. 

Sec. 12. The legislature shall provide for the levy and collection of an annual 
poll tax. of not less than $2. on every male inhabitant of this State over 21 
and under 60 years of age, except paupers, idiots, insane persons, and Indians 
not taxed. Said tax shall be paid into the State school fund. 



COLORADO. 



Art. IV, Sec. 1. The executive department shall consist of a governor * * * 
and superintendent of public instruction, each of whom shall hold his office for 
the term of two years, beginning on the second Tuesday of January next after 
his election, * * * They shall perform such duties as are prescribed by 
this constitution or by law. 



876 STATE LAWS RELATING TO PUBLIC EDUCATION. 

. Sec. 3. The officers named in section 1 of tliis article shall be chosen on the 
day of the general election by the qualified electors of the State. The returns 
of every election for said officers shall be sealed up and transmitted to the 
secretary of state, directed to the speaker of the house of representatives, who 
shall immediately, upon the organization of the house, and before proceeding 
to other business, open and publish the same in the presence of a majority of 
the members of both houses of the general assembly, who shall for that purpose 
assemble in the house of representatives. The person having the highest num- 
ber of votes for either of said offices shall be declared duly elected, but if two 
or more have an equal and the highest number of votes for the same office, one 
of them shall be chosen thereto by the two houses, on joint ballot. Contested 
elections for the said offices shall be determined by the two houses, on joint 
ballot, in such manner as may be prescribed by law. 

Sec. 4. No person shall be eligible to the office of * * * superintendent 
of public Instruction, unless he should have attained the age of 30 years. 
* * * At the first election under this constitution, any person being a quali- 
fied elector at the time of the adoption of this constitution, and having the 
qualifications above herein prescribed for any one of said officers, shall be 
eligible thereto; but thereafter no person shall be eligible to any one of said 
offices, unless, in addition to the qualifications above prescribed therefor, he 
shall be a citizen of the United States, and have resided within the limit's of 
the State two years next preceding his election. 

Sec. 17. The officers of the executive department, and of all public institutions 
of the State, shall at least 20 days preceding each regular session of the general 
assembly, make full and complete report of their actions to the governor, who 
shall transmit the same to the general assembly. 

Sec. 20. The superintendent of public instruction shall be ex officio State 
librarian. 

Abt. V, Sec. 25. The general assembly shall not pass local or special laws in 
any of the following enumerated cases, that is to say : * * * providing for 
the management of common schools. * * * 

Sec 34. Xo appropriation shall be made for charitable, industrial, educational, 
or benevolent purposes to any person, corporation, or community not under the 
absolute control of the State, nor to any denominational or sectarian institution 
or association. 

Aet. Till, Sec 1. Educational, reformatory, and penal institutions, and those 
for the benefit of the insane, blind, deaf, and mute, and such other institutions 
as the public good may require, shall be established and supported by the State, 
in such manner as may be prescribed law. 

Sec. 5. The following educational Institutions, to wit, the university at 
Boulder, the agricultural college at Fort Collins, the school of mines at Golden, 
and the institute for the education of mutes (which shall hereafter be known 
as Colorado School for Deaf and Blind) at Colorado Springs, are hereby de- 
clared to be institutions of the State of Colorado, and the management thereof 
subject to the control of the State, under the provisions of the constitution, and 
such laws and regulations as the general assembly may provide, and the loca- 
tion of said institutions, as well as all gifts, grants and appropriations of money 
and property, real and personal, heretofore made to said several institutions, 
are hereby confirmed to the use and benefit of the same respectively : Provided, 
This section shall not apply to any institution, the property, real or personal, 
of which is now vested in the trustees thereof, until such property be trans- 
ferred by proper conveyance, together with the control thereof, to the officers 
provided for the management of said institution by this constitution or by law : 
And provided further, That the regents of the university may, whenever in 
their judgment the needs of the institution demand such action, establish, main- 
tain, and conduct all but the first two years of the departments of medicine, 
dentistry, and pharmacy of the university at Denver: And provided further. 
That nothing in this section shall be construed to prevent State educational in- 
stitutions from giving temporary lecture courses, commonly called " University 
extension work," and " Farmers' institute and short courses," in any part of the 
State, or conducting class excursions for the purpose of investigation and study. 

Art. IX, Sec 1. The general supervision of the public schools of the State 
shall be vested in a board of education, whose powers and duties shall be 
prescribed by law; the superintendent of public instruction, the secretary of 
state, and attorney general shall constitute the board, of which the superin- 
tendent of public instruction shall be president. 



CONSTITUTIONAL PKOVISIONS AS TO EDUCATION. 877 

Sec, 2. The general assembly shall, as soon as practicable, provide for the 
establishment and maintenance of a thorough and uniform system of free 
public schools throughout the State wherein all residents of the State between 
the ages of 6 and 21 years may be educated gratuitously. One or more public 
schools shall be maintained in each school district within the State at least 
three months in each year; any school district failing to have such school 
shall not be entitled to receive any portion of the school fund for that year. 

Sec. 3. The public-school fund of the State shall forever remain inviolate 
and intact; the interest thereon only shall be expended in the maintenance 
of the schools of the State, and shall be distributed among the several counties 
and school districts of the State in such manner as may be prescribed by law. 
No part of this fund, principal or interest, shall ever be transferred to any 
other fund, or used or appropriated except as herein provided. The State 
treasurer shall be the custodian of this fund, and the same shall be securely 
and profitably invested as may be by law directed. The State shall supply all 
losses thereof that may in any manner occur. 

Sec. 4. Each county treasurer shall collect all school funds belonging to 
his county, and the several school districts therein, and disburse the same to 
the proper districts upon warrants drawn by the county superintendent, or 
by the proper district authorities, as may be provided by law. 

Sec. 5. The public-school fund of the State shall consist of the proceeds of 
such lands as have heretofore been, or may hereafter be, granted to the State 
by the General Government for educational purposes; all estates that may 
escheat to the State ; also all other grants, gifts, or devises that may be made 
to this State for educational purposes. 

Sec. 6. There shall be a county superintendent of schools in each county 
whose term of office shall be two years, and whose duties, qualifications, and 
compensation shall be prescribed by law. He shall be ex officio commissioner 
of lands within his county, and shall discharge the duties of said office under 
the direction of the State board of land commissioners, as directed by law. 

Sec 7. Neither the general assembly, nor any county, city, town, township, 
school district, or other public corporation shall ever make any appropriation, 
or pay from any public fund or moneys whatever, anything in aid of any 
church or sectarian society, or for any sectarian purpose, or to help support 
or sustain any school, academy, seminary, college, university, or other literary 
or scientific institution controlled by any church or sectarian denomination 
whatsoever; nor shall any gi'ant or donation of land, money, or other per- 
sonal property ever be made by the State, or any such public corporation, to 
any church or for any sectarian purpose. 

Sec. 8. No religious test or qualification shall ever be required of any per- 
son as a condition of admission into any public educational institution of the 
State, either as teacher or student; and no teacher or student of any such 
institution shall ever be required to attend or participate in any religious 
service whatever. No sectarian tenets or doctrines shall ever be taught in the 
public schools, nor shall any distinction or classification of pupils be made on 
account of race or color. 

Sec 9. The governor, superintendent of public instruction, secretary of 
state, and attorney general shall constitute the State board of land commis- 
sioners, who shall have the direction, control, and disposition of the public 
lands of the State, under such regulations as may be prescribed by law. 

Sec 10. It shall be the duty of the State board of land commissioners to 
provide for the location, protection, sale, or other disposition of all the lands 
heretofore, or which may hereafter be, granted to the State by the General 
Government, under such regulations as may be prescribed by law, and in such 
manner as will secure the maximum possible amount therefor. No law shall 
ever be passed by the general assembly granting any privileges to persons who 
may have settled upon any such public lands subsequent to the survey thereof 
by the General Government, by which the amount to be derived by the sale, 
or other disposition of such lands, shall be diminished, directly or indirectly. 
The general assembly shall, at the earliest practicable period, provide by law 
that the several grants of land made by Congress to the State shall be judi- 
ciously located and carefully preserved and held in trust subject to disposal 
for the use and benefit of the respective objects for which said grants of land 
were made, and the general assembly shall provide for the sale of said lands 
from time to time, and for the faithful application of the proceeds thereof in 
accordance with the terms of said grants. 



878 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Sec. 11. The general assembly may require, by law, that every child of 
sufficient mental and physical ability shall attend the public school during the 
period between the ages of 6 and 18 years, for a time equivalent to three years, 
unless educated by other means. 

Sec. 12. There shall be elected by the qualified electors of the State, at the 
first general election under this constitution, six regents of the university, who 
shall, immediately after their election, be so classified, by lot, that two shall 
hold their office for the term of two years, two for four years, and two for six 
years; and every two years after the first election there shall be elected two 
regents of the university, whose term of office shall be six years. The regents 
thus elected, and their successors, shall constitute a body corporate, to be 
known by the name and style of " The Regents of the University of Colorado." 

Sec. 13. The regents of the university shall, at their first meeting, or as soon 
thereafter as practicable, elect a president of the university, who shall hold 
his office until removed by the board of regents for cause; he shall be ex officio 
a member of the board with the privilege of speaking, but not of voting, 
except in cases of a tie ; he shall preside at the meetings of the board, and be 
the principal executive officer of the university, and a member of the faculty 
thereof. 

Sec. 14. The board of regents shall have the general supervision of the 
university, and the exclusive control and direction of all the funds of, and 
appropriations to, the university. 

Sec. 15. The general assembly shall, by law, provide for organization of 
school districts of convenient size, in each of which shall be established a 
board of education, to consist of three or more directors, to be elected by the 
qualified electors of the district. Said directors shall have control of instruc- 
tion in the public schools of their respective districts. 

Sec. 16. Neither the general assembly nor the State board of education shall 
have power to prescribe textbooks to be used in the public schools. 

Art. XI, Sec. 1. Neither the State, nor any county, city, town, township, or 
school district shall lend or pledge the credit or faith thereof, directly or indi- 
rectly, in any manner to, or in aid of, any person, company, or corporation, 
public or private, for any amount or for any purpose whatever, or become 
responsible for any debt, contract, liability of any person, company, or 
corporation, public or private, in or out of the State. 

Sec. 2. Neither the State, nor any county, city, town, township, or school 
district shall make any donation or grant to, or in aid of, or become a sub- 
scriber to, or shareholder in, any corporation or company, or a joint owner 
with any person, company, or corporation, public or private, in or out of the 
State, except as to such ownership as may accrue to the State by escheat, or 
by forfeiture, by operation or provision of law; and except as to such owner- 
ship as may accrue to the State, or to any county, city, town, township, or 
school district, or to either or any of them, jointly with any person, company, or 
corporation, by forfeiture or sale of real estate for nonpayment of taxes, or by 
donation or devise for public use, or by purchase by or on behalf of any or 
either of them, jointly with any or either of them, under execution in cases of 
fine, penalties, or forfeiture of recognizance, breach of condition of official 
bond, or of bond to secure public moneys, or the performance of any contract 
in which they or any of them may be jointly or severally interested. 

Sec. 7. No debt by loan in any form shall be contracted by any school dis- 
trict for the purpose of erecting and furnishing school buildings or purchasing 
grounds, unless the proposition to create such debt shall first be submitted to 
such qualified electors of the districts as shall have paid a school tax therein 
in the year next preceding such election, and a majority of those voting thereon 
shall vote in favor of incurring such debt. 

Art. Xiy, Sec. 8. There shall be elected in each county on the first Tuesday 
of October, in the year 1877, and every alternate year forever thereafter 
* * * one county superintendent of schools. * * * 

Art. XV, Sec. 2. No charter of incorporation shall be granted, extended, 
changed, or amended by special law, except for such municipal, charitable, 
educational, penal, or reformatory corporations as are or may be under the 
control of the State; but the general assembly shall provide by general laws 
for the organization of corporations hereafter to be created. 

Art. XX, Sec. 7. The city and county of Denver shall alone always con- 
stitute one school district, to be known as District No. 1, but its conduct, 
affairs, and business shall be in the hands of a board of education, consisting 
of such members, elected in such manner as the general school laws of the 



CON-STITUTIONAL PROVISIONS AS TO EDUCATION. 879 

State shall provide, and until the first election under said laws of a full 
board of education, which shall be had at the first election held after the 
adoption of this amendment, all the directors of school district No. 1 and the 
respective presidents of the school boards of school districts Nos. 2, 7, 17 
and 21 at the time this amendment takes effect, shall act as such board of 
education, and all districts or special charters now existing are hereby abol- 
ished. 

The said board of education shall perform all the acts and duties required 
to be performed for said district by the general laws of the State. Except 
as inconsistent with this amendment, the general school laws of the State 
shall, unless the context evinces a contrary intent, be held to extend and 
apply to the said " District No. 1." 

Upon the annexation of any contiguous municipality which shall include a 
school district or districts, or any part of a district, said school district or 
districts or part shall be merged in said " District No. 1," which shall then 
own all the property thereof, real and personal, located within the boundaries 
of such annexed municipality, and shall assume and pay all the bonds, obliga- 
tions, and indebtedness of each of the said included school districts, and a 
proper proportion of those partially included districts. 



CONNECTICUT. 



Aet. VIII, Sec. 1. The charter of Yale College, as modified by agreement with 
the corporation thereof, in pursuance of an act of the general assembly, passed 
in May, 1792, is hereby confirmed. 

Sec. 2. The fund, called the school fund, shall remain a perpetual fund, the 
Interest of which shall be inviolably appropriated to the support and en- 
couragement of the public, or common schools throughout the State, and for 
the equal benefit of all the people thereof. The value and amount of said fund 
shall, as soon as practicable, be ascertained in such manner as the general 
assembly may prescribe, published, and recorded in the controller's office; and 
no law shall ever be made, authorizing said fund to be diverted to any other 
use than the encouragement and support of public, or common schools, among 
the several school societies, as justice and equity shall require. 

Aet. XXIV. Neither the general assembly, nor any county, city, borough, 
town, or school district, shall have power to pay or grant any extra compensa- 
tion to any public officer, employee, agent or servant, or increase the compen- 
sation of any public officer or employee, to take effect during the continuance 
in office of any person whose salary might be increased thereby, or increase the 
pay or compensation oFany public contractor above the amount specified in the 
contract. 



DELAWARE. 



Aet. X, Sec. 1. The general assembly shall provide for the establishment and 
maintenance of a general and efficient system of free public schools, and may 
require by law that every child, not physically or mentally disabled, shall attend 
the public school, unless educated by other means. 

Sec. 2. In addition to the income of the investments of the public-school fund, 
the general assembly shall make provision for the annual payment of not less 
than $100,000 for the benefit of the free public schools which, with the income 
of the investments of the public-school fund, shall be equitably apportioned 
among the school districts of the State as the general assembly shall provide; 
and the money so apportioned shall be used exclusively for the payment of 
teachers' salaries and for furnishing free textbooks: Provided, however, That 
in such apportionment, no distinction shall be made on account of race or color, 
and separate schools for white and colored children shall be maintained. All 
other expenses connected with the maintenance of free public schools, and all 
expenses connected with the erection or repair of free public-school buildings 
shall be defrayed in such manner as shall be provided by law. 

Sec. 3. No portion of any fund now existing, or which may hereafter be ap- 
propriated, or raised by tax, for educational purposes, shall be appropriated to, 



880 STATE LAWS RELATING TO PUBLIC EDUCATION. 

or used by, or in aid of any sectarian, church, or denominational school : Pro- 
vided, That all real or personal property used for school purposes, where the 
tuition is free, shall be exempt from taxation and assessment for public 
purposes. 

Sec. 4. No part of the principal or income of the public-school fund, now or 
hereafter existing, shall be used for any other purpose than the support of free 
public schools. 



FLORIDA. 



Art. Ill, Sec. 25. The legislature shall provide by general law for incorporat- 
ing such educational, agricultural, mechanical, mining, and other useful com- 
panies or associations as may be deemed necessary. 

Art. IV, Sec. 20. The governor shall be assisted by administrative officers as 
follows: * * * superintendent of public instruction, * * * -^j^q shall 
be elected at the same time as the governor, and shall hold their offices for the 
same term ; * * *. 

Sec. 25. The superintendent of public instruction shall have supervision of all 
matters pertaining to public instruction ; the supervision of State buildings de- 
voted to educational purposes, and perform such other duties as the legislature 
may provide by law. 

Sec 29. The^ salary of the governor of the State shall be $3,500 a year; 
of * * * the superintendent of public instruction $1,500 a year ; * * * . 
Provided, further, That the legislature may, after eight years from the adop- 
tion of this constitution, increase or decrease any or all of said salaries. 

Art. YI, Sec. 8. The legislature shall have power to make the payment of the 
capitation tax a prerequisite for voting, and all such taxes received shall go 
into the school fund. 

Art. YIII, Sec. 6. The legislature shall provide for the election by the quali- 
fied electors in each county of * * * a superintendent of public instruc- 
tion and a county surveyor. The term of office of all county officers mentioned 
in this section shall be for four years, * * *^ Their powers, duties and 
compensation shall be prescribed by law. The legislature shall provide by 
law for the care and custody of all county funds and shall provide the method 
of reporting and paying out all such funds. * * * 

Art. IX, Sec. 1. The legislature shall provide for a uniform and equal rate 
of taxation, and shall prescribe such regulations as shall secure a just valua- 
tion of all property, both real and personal, excepting such property as may be 
exempted by law for municipal, educational, literary, scientific, religious or 
charitable purposes. 

Art. XII. Section 1. The legislature shall provide fo» a uniform system of 
public free schools, and shall provide for the liberal maintenance of the same. 

Sec. 2. There shall be a superintendent of public instruction, whose duties 
shall be prescribed by law and whose term of office shall be four years and until 
the election and qualification of his successor. 

Sec 3. The governor, secretary of state, attorney general, State treasurer, 
and State superintendent of public instruction shall constitute a body corporate, 
to be known as the State Board of Education of Florida, of which the governor 
shall be president, and the superintendent of public instruction secretary. 
This board shall have power to remove any subordinate school officer for cause, 
upon notice to the incumbent ; and shall have the management and investment 
of all State school funds under such regulations as may be prescribed by law, 
and such supervision of schools of higher grades as the law shall provide. 

Sec 4. The State school fund, the interest of which shall be exclusively ap- 
plied to the support and maintenance of public free schools, shall be derived 
from the following sources: 

The proceeds of all lands that have been or may hereafter be granted to the 
State by the United States for public-school purposes. 

Donations to the State when the purpose is not specified. 

Appropriations by the State. 

The proceeds of escheated property or forfeitures. 

Twenty-five per cent of the sales of public lands which are now or may here- 
after be owned by the State. 

Sec 5. The principal of the State school fund shall remain sacred and invio- 
late. 



CONSTITUTIOITAI. PBOVISIOKS AS TO EDUCATION. 881 

Sec. 6. A special tax of 1 mill on tlie dollar of all taxable property in the 
State, in addition to the other means provided, shall be levied and. apportioned 
annually for the support and maintenance of public free schools. 

Sec. 7. Provision shall be made by law for the apportionment and distribu- 
tion of the interest on the State school fund and all other means provided, in- 
cluding the special tax, for the support and maintenance of public free schools, 
among the several counties of the State in proportion to the average attendance 
upon schools in the said counties, respectively. 

Sec. 8. Each county shall be required to assess and collect annually for the 
support of public free schools therein, a tax of not less than 3 mills nor more 
than 5 mills on the dollar of all taxable property in the same. 

Sec. 9. The county school fund shall consist, in addition to the tax provided 
for in section 8 of this article, of the proportion of the interest of the State 
school fund and of the 1-mill State tax apportioned to the county; the net 
proceeds of all fines collected under the penal laws of the State within the 
county ; all capitation taxes collected within the county ; and shall be disbursed 
by the county board of public instruction solely for the maintenance and sup- 
port of public free schools. 

Sec. 10. The legislature may provide for the division of any county or 
counties into convenient school districts ; and for the election biennially of three 
school trustees, who shall hold their office for two years, and who shall have the 
supervision of all the schools within the district ; and for the levying and col- 
lection of a district school tax, for the exclusive use of public free schools 
within the district, whenever a majority of the qualified electors thereof that 
pay a tax on real, or personal property shall vote in favor of such levy : Pro- 
vided, That any tax authorized by this section shall not exceed 3 mills on the 
dollar in any one year on the taxable property of the district. 

Sec. 11. Any incorporated town or city may constitute a school district. The 
fund raised by section 10 may be expended in the district where levied for 
building or repairing schoolhouses, for the purchase of school libraries and 
textbooks, for salaries of teachers, or for other educational purposes, so that 
the distribution among all the schools of the district be equitable. 
/ Sec. 12. White and colored children shall not be taught in the same school, 
<but impartial provision shall be made for both. 

^ Sec. 13. No law shall be enacted authorizing the diversion or the lending of 
any county or district school funds, or the appropriation of any part of the 
permanent or available school fund to any other than school purposes; nor 
shall the same, or any part thereof, be appropriated to or used for the support 
of any sectarian school. 

Sec. 14. The legislature at its first session shall provide for the establishment, 
maintenance, and management of such normal schools, not to exceed two, as the 
interests of public education may demand. 

Sec. 15. The compensation of all county school officers shall be paid from the 
school fund of their respective counties, and all other county officers receiving 
stated salaries shall be paid from the general funds of their respective counties. 

Sec. 17. The legislature may provide for special-tax school districts, to issue 
bonds for the exclusive use of public free schools within any such special-tax 
school district, whenever a majority of the qualified electors thereof, who are 
freeholders, shall vote in favor of the issuance of such bonds. 

Whenever any such special-tax school district has voted in favor of the issu- 
ance of such bonds, a tax not to exceed 5 mills on the dollar, in any one year, 
on the taxable property within the district voting for the issue of bonds shall be 
levied in accordance with law providing for the levying of taxes, to become a 
fund for the payment of the interest and redemption of such bonds. 

Aet. XIII, Sec. 1. Institutions for the benefit of the insane, blind, and deaf, 
and such other benevolent institutions as the public good may require, shall be 
fostered and supported by the State, subject to such regulations as may be 
prescribed by law. 

Art. XVI, Sec. 16. The property of all corporations, except the property of a 
corporation which shall construct a ship or barge canal across the peninsula 
of Florida, if the legislature should so enact, whether heretofore or hereafter 
incorporated, shall be subject to taxation unless such property be held and used 
exclusively for religious, scientific, municipal, educational, literary, or charitable 
purposes. 

3966°— 15 56 



882 STATE LAWS RELATING TO PUBLIC EDUCATION. 

GEORGIA. 

Art. I, Sec. I, Par. XIV. No money shall ever be taken from the public 
treasury, directly or indirectly, in aid of any * * * sectarian institution. 

Aet. VII, Sec. I, Par. I. The powers of taxation over the whole State shall 
be exercised by the general assembly for the following purposes only ; * * * 

For educational purposes in instructing children in the elementary branches 
of an English education only. * * * 

Sec. II, Par. II. The general assembly may, by law, exempt from taxation 
* * * all buildings erected for and used as a college, incorporated academy, 
or other seminary of learning; * * * Provided, the property so exempted 
be not used for purposes of private or corporate profit or income. 

Par. III. No poll tax shall be levied except for educational purposes, and such 
tax shall not exceed $1 annually upon each poll. 

Sec. VI, Par. II. The general assembly shall not have power to delegate to 
any county the right to levy a tax for any purpose, except for educational pur- 
poses, to build and repair the public buildings and bridges; * * *^ 

Sec. VII, Par. I. The debt hereafter incurred by any county, municipal cor- 
poration, or political division of this State, except as in this constitution 
provided for, shall never exceed 7 per centum of the assessed value of all the 
taxable property therein ; and no such county, municipality, or division shall incur 
any new debt, except for a temporary loan or loans to supply casual deficiencies 
of revenue, not to exceed one-fifth of 1 per centum of the assessed value of 
taxable property therein, without the assent of two-thirds of the qualified voters 
thereof, at an election for that purpose, to be held as may be prescribed by law ; 
but any city, the debt of which does not exceed 7 per centum of the assessed 
value of the taxable property at the time of the adoption of this constitution, 
may be authorized by law to increase, at any time, the amount of said debt, 3 
per centum upon such assessed valuation. 

Art. VIII, Sec. I, Par. I. There shall be a thorough system of common schools 
for the education of the children, as nearly uniform as practicable, the expense 
of which shall be provided for by taxation, or otherwise. The schools shall be 
free to all children of the State, but separate schools shall be provided for the 
white and colored races. 

Sec. II, Par. I. There shall be a State school commissioner, appointed by the 
governor, and confirmed by the senate, whose term of ofiice shall be two years, 
and until his successor is appointed and qualified. His ofiice shall be at the seat 
of government, and he shall be paid a salary not to exceed $2,000 per annum. 
The general assembly may substitute for the State school commissioner such 
officer, or officers, as may be deemed necessary to perfect the system of public 
education. 

Sec. Ill, Par. I. The poll tax, any educational fund now belonging to the 
State (except the endowment of, and debt due to, the University of Georgia), 
a special tax on shows and exhibitions, and of the sale of spirituous and malt 
liquors, which the general assembly is hereby authorized to assess, and the 
proceeds of any commutation tax for military service, and all taxes that may 
be assessed on such domestic animals as, from their nature and habits, are de- 
structive to other property, are hereby set apart and devoted for the support 
of common schools. 

Sec. IV, Par. I. Authority may be granted to counties, upon the recommenda- 
tion of two grand juries, and to municipal corporations, upon the recommenda- 
tion of the corporate authority, to establish and maintain public schools in their 
respective limits by local taxation; but no such local laws shall take effect 
until the same shall have been submitted to a vote of the qualified voters in 
each county or municipal corporation, and approved by a two-thirds vote of 
persons qualified to vote at sach election; and the general assembly may pre- 
scribe who shall vote on such question. 

Sec. V, Par. I. Existing local school systems shall not be affected by this con- 
stitution. Nothing contained in section first of this article shall be construed 
to deprive schools in this State, not common schools, from participation in the 
educational fund of the State, as to all pupils therein taught in the elementary 
branches of an English education. 

Sec. VI, Par. I. The trustees of the University of Georgia may accept be- 
quests, donations, and grants of land, or other property, for the use of said 
university. In addition to the payment of the annual interest on the debt due 
by the State to the university, the general assembly may, from time to time, 
make such donations thereto as the condition of the treasury will authorize, 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 883 

And tlie general assembly may also, from time to time, make such appropria- 
tions of money as tlie condition of the treasury will authorize to any college or 
university (uot exceeding one in number) now established, or hereafter to be 
established in this State for the education of persons of color. 



IDAHO. 



Art. I, Sec. 20. No property qualification shall ever be required for any per- 
son to vote or hold oflfice except in school elections or elections creating indebt- 
edness. 

Aet. Ill, Sec. 19. The legislature shall not pass local or special laws in any 
of the following enumerated cases, that is to say ; * * * 

Providing for the management of common schools. 

Creating offices or prescribing the powers and duties of officers in counties, 
cities, townships, election districts, or school districts, except as in this consti- 
tution otherwise provided. * * * 

Art. IV, Sec. 1. The executive department shall consist of a governor, * * * 
and superintendent of public instruction, each of whom shall hold his office for 
two years, beginning on the first Monday in January next after his election, 
except as otherwise provided in this constitution. * * * They shall per- 
form such duties as are prescribed by this constitution and as may be prescribed 
by law. 

Sec. 3. No person shall be eligible to the * * * office of secretary of state, 
State auditor, superintendent of public instruction, or State treasurer unless 
he shall have attained the age of 25 years ; * * * i^ addition to the quali- 
fications above described each of the officers named shall be a citizen of the 
United States and shall have resided within the State or Territory two years 
next preceding his election. 

Sec. 6. * * * jf ^]jq office of * * * superintendent of public instruc- 
tion shall be vacated by death, resignation, or otherwise, it shall be the duty of 
the governor to fill the same by appointment, and the appointee shall hold his 
office until his successor shall be elected and qualified in such manner as may 
be provided by law. 

Sec. 19. The governor, secretary of state, State auditor. State treasurer, 
attorney general, and superintendent of public instruction shall, quarterly as 
due, during their continuance in office, receive for their services compensation, 
which for the term next ensuing after the adoption of this constitution is fixed 
as follows : * * * Superintendent of public instruction, $1,500 per annum. 
* * * The legislature may provide for the payment of actual and necessary 
expenses to the superintendent of public instruction while traveling within the 
State in the performance of official duty. 

Art. V, Sec. 27. The legislature may by law diminish or increase the compen- 
sation of any or all the following officers, to wit: * * * Superintendent of 
public instruction, * * * but no diminuation or increase shall affect the 
compensation of the officer then in office during his term : * * * 

Art. VI, Sec. 2. * * * until otherwise provided by the legislature, women 
who have the qualifications prescribed in this article may continue to hold such 
school offices and vote at such school elections as provided by the laws of Idaho 
Territory. 

Sec. 5. For the purpose of voting, no person shall be deemed to have gained 
or lost a residence by reason of his presence or absence * * * -^iiHe a stu- 
dent of any institution of learning. * * * 

Art. VII. Sec. 8. The power to tax corporations or corporate property, both 
real and personal, shall never be relinquished or suspended, and all corpora- 
tions in this State, or doing business therein, shall be subject to taxation for 
State, county, school, municipal, and other purposes, on real and personal prop- 
erty owned or used by them, and not by this constitution exempted from taxa- 
tion within the territorial limits of the authority levying the tax. 

Sec. 9. The rate of taxation of real and personal property for State purposes 
shall never exceed 10 mills on each dollar of assessed valuation ; and if the tax- 
able property in the State shall amount to $50,000,000 the rate shall not exceed 
5 mills on each dollar of valuation ; and whenever the taxable property in the 
State shall amount to $100,000,000 the rate shall not exceed 3 mills on each 
dollar of valuation; and whenever the taxable property in the State shall 
amount to p00,000,000 the rate shall never thereafter exceed li mills on each 



884 STATE LAWS EELATING TO PUBLIC EDUCATION. 

dollar of valuation, unless a proposition to increase such rate, specifying the 
rate proposed and the time during which the same shall be levied, shall have 
been submitted to the people at a general election and shall have received a 
majority of all the votes cast for and against it at such election. 

Sec. 10. The making of profit, directly or indirectly, out of State, county, city, 
town, township, or school district money, or using the same for any purpose 
not authorized by law, by any public officer, shall be deemed a felony, and 
shall be punished as provided by law. 

Sec. 15. The legislature shall provide by law such a system of county finance 
as shall cause the business of the several counties to be conducted on a cash 
basis. It shall also provide that whenever any county shall have any warrants 
outstanding and unpaid, for the payment of which there are no funds in the 
county treasury, the county commissioners, in addition to other taxes provided 
by law, shall levy a special tax, not to exceed 10 mills on the dollar of taxable 
property, as shown by the last preceding assessment, for the creation of a spe- 
cial fund for the redemption of said warrants ; and after the levy of such spe- 
cial tax all warrants issued before such levy shall be paid exclusively out of 
said fund. All moneys in the county treasury at the end of each fiscal year, not 
needed for current expenses, shall be transferred to said redemption fund. 

Art. YIII, Sec. 3. No county, city, town, township, board of education, or 
school district, or other subdivision of the State, shall incur any indebtedness, 
or liability in any manner, or for any purpose, exceeding in that year the in- 
come and revenue provided for it for such year, without the assent of two-thirds 
of the qualified electors thereof, votiDg at an election to be held for that pur- 
pose, nor unless, before or at the time of incurring such indebtedness, provision 
shall be made for the collection of an annual tax sufficient to pay the interest 
on such indebtedness as it falls due, and also to constitute a sinking fund for 
the payment of the principal thereof, within 20 years from the time of con- 
tracting the same. * * * 

Sec. 4. No county, city, town, township, board of education, or school dis- 
trict, or other subdivision, shall lend, or pledge the credit or faith thereof 
directly or indirectly, in any manner, to, or in aid of any individual, association 
or corporaton, for any amount or for any purpose whatever, or become responsi- 
ble for any debt, contract or liability of any individual, association or corpora- 
tion in or out of this State. 

Aet. IX, Sec. 1. The stability of a republican form of government depending 
mainly upon the Intelligence of the people, it shall be the duty of the Legis- 
lature of Idaho to establish and maintain a general, uniform, and thorough sys- 
tem of public free common schools. 

Sec. 2. The general supervision of the State' educational institutions and 
public-school system of the State of Idaho shall be vested in a State board of 
education, the membership, powers, and duties of which shall be prescribed by 
law. The State superintendent of public instruction shall be ex officio member 
of said board. 

Sec. 3. The public-school fund of the State shall forever remain inviolate and 
intact ; the interests thereon only shall be exi)ended in the maintenance of the 
schools of the State, and shall be distributed among the several counties and 
school districts of the State in such manner as may be prescribed by law. 
No part of this fund, principal or interest, shall ever be transferred to any 
other fund, or used or appropriated except as herein provided. The State treas- 
urer shall be the custodian of this fund, and the same shall be securely and 
profitably invested as may be by law directed. The State shall supply all 
losses thereof that may in any manner occur. 

Sec 4. The public-school fund of the State shall consist of the proceeds of 
such lands as have heretofore been granted, or may hereafter be granted, to 
the State by the General Government, known as school lands, and those granted 
in lieu of such; lands acquired by gift or grant from any person or corpora- 
tion, under any law or grant of the General Government ; and of all other grants 
of land or money made to the State from the General Government for general 
educational purposes, or where no other special purpose is indicated in such 
grant; all estates or distributive shares of estates that may escheat to the 
State ; all unclaimed shares and dividends of any corporation incorporated un- 
der the laws of the State ; and all other grants, gifts, devises, or bequests made 
to the State for general educational purposes. 

Sec 5. Neither the legislature, nor any county, city, town, township, school 
district, or other public corporation, shall ever make any appropriation, or pay 
from any public fund or moneys whatever, anything in aid of any church or 



CONSTITUTIOITAL PROVISIONS AS TO EDUCATION. 885 

sectarian or religious society, or for any sectarian or religious purpose, or to 
lielp support or sustain any school, academy, seminary, college, university, or 
other literary or scientific institution controlled by any church or sectarian or 
religious denomination whatsoever; nor shall any grant or donation of land, 
money, or other personal property ever be made by the State, or any such public 
corporation, to any church or for any sectarian or religious purpose. 

Sec. 6. No religious test or qualification shall ever be required of any person 
as a condition of admission into any public educational institution of the State, 
either as teacher or student ; and no teacher or student of any such institution 
shall ever be required to attend or participate in any religious service v^hat- 
ever. No sectarian or religious tenets or doctrines shall ever be taught in the 
public schools, nor shall any distinction or classification of pupils be made on 
account of race or color. No books, papers, tracts, or documents of a political, 
sectarian, or denominational character shall be used or introduced in any 
schools established under the provisions of this article, nor shall any teacher 
or any district receive any of the public-school moneys in v^hich the schools 
have not been taught in accordance with the provisions of this article. 

Sec. 7. The governor, superintendent of public instruction, secretary of state, 
and attorney general shall constitute the State board of land commissioners, 
who shall have the direction, control, and disposition of the public lands of the 
State, under such regulations as may be prescribed by law. 

Sec. 8. It shall be the duty of the State board of land commissioners to pro- 
vide for the location, protection, sale, or rental of all the lands heretofore, or 
which may be hereafter be, granted to the State by the General Government, 
under such regulations as may be prescribed by law, and in such manner as will 
secure the maximum possible amount therefor : Provided, That no school lands 
shall be sold for less than $10 per acre. No law shall ever be passed by the 
legislature granting any privileges to persons who may have settled upon any 
such public lands, subsequent to the survey thereof by the General Government, 
by which the amount to be derived by the sale, or other disposition of such 
lands, shall be diminished, directly or indirectly. The legislature shall, at the 
earliest practicable period, provide by law that the general grants of land made 
by Congress to the State shall be judiciously located and carefully preserved 
and held in trust, subject to disposal at public auction for the use and benefit 
of the respective objects for which said grants of land were made, and the legis- 
lature shall provide for the sale of said lands from time to time, and for the 
sale of timber on all State lands, and for the faithful application of the pro- 
ceeds thereof in accordance with the terms of said grants : Provided, That not 
to exceed 25 sections of school lands shall be sold in any one year, and to be 
sold in subdivisions of not to exceed 160 acres to any one individual, company, 
or corporation. 

Sec. 9. The legislature may require by law that every child of sufficient mental 
and physical ability shall attend the public school throughout the period be- 
tween the ages of 6 and 18 years, for a time equivalent to 3 years, unless 
educated by other means. 

Sec. 10. The location of the University of Idaho, as established by existing 
laws, is hereby confirmed. All the rights, immunities, franchises, and endow- 
ments heretofore granted thereto by the Territory of Idaho are hereby per- 
petuated unto the said university. The regents shall have the general super- 
vision of the university, and the control and direction of all the funds of, and 
appropriations to, the university, under such regulations as may be prescribed by 
law. No university lands shall be sold for less than $10 per acre, and in sub- 
divisions not to exceed 160 acres, to any one person, company, or corporation. 

Sec. 11. The permanent educational funds, other than funds arising from the 
disposition of university lands belonging to the State, shall be loaned on first 
mortgage on improved farm lands within the State, or on State or United States 
bonds, under such regulations as the legislature may provide: Provided, That 
no loan shall be made of any amount of money exceeding one-third of the 
market value of the lands at the time of the loan, exclusive of buildings. 

Art. X, Sec. 1. Educational, reformatory, and penal institutions, and 
those for the benefit of the insane, blind, deaf, and dumb, and such other insti- 
tutions as the public good may require, shall be established and supported by 
the State in such manner as may be prescribed by law. 

Art. XI, Sec. 2. No charter of incorporation shall be granted, extended, 
changed, or amended by special law, except for such municipal, charitable, edu- 
cational, penal, or reformatory corporations as are or may be under the control 



886 STATE LAWS RELATING TO PUBLIC EDUCATION. 

of the State ; but the legislature shall provide by general law for the organiza- 
tiou of corporations hereafter to be created : Provided, That any such general 
law shall be subject to future repeal or alteration by the legislature. 

Aet. XII, Sec. 4. * * * That cities and towns may contract indebtedness 
for school, water, sanitary, and illuminating purposes : Provided, That any city 
or town contracting such indebtedness shall own its just proportion of the prop- 
erty thus created, and receive from any income arising therefrom its proportion 
to the whole amount so invested. 

Aet. XYIII, Sec. 6. The legislature, by general and uniform laws, shall pro- 
vide for the election biennially in each of the several counties of the State, 
of * * * a county superintendent of public instruction. * * * The 
salary and qualifications of the county superintendent shall be fixed by law. 



ILLINOIS. 

Aet. TV, Sec. 22. The general assembly shall not pass local or special laws 
in any of the following enumerated cases ; that is to say, for — 

* * * Providing for the management of common schools, * * * 

AnT. V, Sec. 1. The executive department shall consist of a governor, * * * 
superintendent of public instruction, and attorney general, who shall each 
* * * hold his oflice for the term of four years from the second Monday of 
January next after his election and until his successor is elected and quali- 
fied. * * * 

Sec. 3. An election * * * shall be held * * * fQj. superintendent of 
public instruction on the Tuesday next after the first Monday of November in 
the year 1870, and every four years thereafter. * * * 

Sec 5. * * * Neither the governor, * * * superintendent of public 
instruction, nor attorney general shall be eligible to any other office during the 
period for which he shall have been elected. 

Sec 20. If the office of * * * superintendent of public instruction shall 
be vacated by death, resignation, or otherwise, it shall be the duty of the gov- 
ernor to fill the same by appointment, and the appointee shall hold his office until 
his successor shall be elected and qualified in such manner as may be provided 
by law. * * * 

Sec 21. The officers of the executive department, and of all the public in- 
stitutions of the State, shall, at least 10 days preceding each regular session of 
the general assembly, severally report to the governor, who shall transmit such 
reports to the general assembly, * * * 

Aet. YIII, Sec. 1. The general assembly shall provide a thorough and ef- 
ficient system of free schools whereby all children of this State may receive a 
good common-school education. 

Sec 2. All lands, moneys, or other property, donated, granted, or received for 
school, college, seminary, or university purposes, and the proceeds thereof, shall 
be faithfully applied to the objects for which such gifts or grants were made. 

Sec 3. Neither the general assembly nor any county, city, town, township, 
school district, or other public corporation shall ever make any appropriation or 
pay from any public fund whatever anything in aid of any church or sectarian 
purpose, or to help support or sustain any school, academy, seminary, college, 
university, or other literary or scientific institution controlled by any church or 
sectarian denomination whatever ; nor shall any grant or donation of land, 
money, or other personal property ever be made by the State or any such public 
corporation to any church or for any sectarian purpose. 

Sec 4. No teacher. State, county, township, or district school officer shall 
be interested in the sale, proceeds, or profits of any book, apparatus, or furni- 
ture, used or to be used in any school in this State, with which such officer 
or teacher may be connected, under such penalties as may be provided by the 
general assembly. 

Sec 5. There may be a county superintendent of schools in each county, 
whose qualifications, powers, duties, compensation, and time and manner of 
election and term of office shall be prescribed by law. 

Aet. IX, Sec 3. * * * Such other property as may be used exclusively 
for agricultural and horticultural societies, for school, religious, cemetery, and 
corporate purposes all municipal corporations may be vested with authority to 
be only by general law. * * * 

Sec 8. County authorities shall never assess taxes the aggregate of which 
shall exceed 75 cents per $100 valuation, except for the payment of indebtedness 



CONSTITUTIONAL PEOVISIONS AS TO EDUCATION. 887 

existing at the adoption of this constitution, unless authorized by a vote of the 
people of the county. 

Sec. 9. The general assembly may vest the corporate authorities of cities, 
towns, and villages with power to make local improvements by special assess- 
ment or by special taxation of contiguous property, or otherwise. For all other 
corporate purposes all municipal corporations may be vested with authrity to 
assess and collect taxes. * * * 

Sec. 12. No county, city, township, school district, or other municipal cor- 
poration shall be allowed to become indebted in any manner or for any purpose 
to an amount, including existing indebtedness, in the aggregate exceeding 5 
per centum on the value of the taxable property therein, to be ascertained by 
the last assessment for State and county taxes previous to the incurring of 
such indebtedness. Any county, city, school district, or other municipal cor- 
poration incurring any indebtedness as aforesaid, shall before, or at the time 
of doing so, provide for the collection of a direct annual tax sufficient to pay 
the interest on such debt as it falls due, and also to pay and discharge the 
principal thereof within 20 years from the time of contracting the same. This 
section shall not be construed to prevent any county, city, township, school 
district, or other municipal corporation from issuing their bonds in compliance 
with any vote of the people which may have been had prior to the adoption of 
this constitution in pursuance of any law providing therefor. 



INDIANA. 



Aet. I, Sec. 6. Xo money shall be drawn from the treasury for the benefit of 
any religious or theological institution. 

Aet. IV, Sec 22. The general assembly shall not pass local or special laws in 
any of the following enumerated cases, that is to say ; * * * 

Providing for supporting common schools, and for the preservation of school 
funds; * * * 

Aet. VIII, Sec. 1. Knowledge and learning generally diffused throughout a 
community, being essential to the preservation of a free government, it shall 
be the duty of the general assembly to encourage, by all suitable means, moral, 
intellectual, scientific, and agricultural improvement, and to provide by law for 
a general and uniform system of common schools, wherein tuition shall be 
without charge, and equally open to all. 

Sec. 2. The common-school fund shall consist of the congressional township 
fund, and the lands belonging thereto ; 

The surplus revenue fund ; 

The saline fund, and the lands belonging thereto ; 

The bank-tax fund, and the fund arising from the one hundred, and four- 
teenth section of the charter of the State Bank of Indiana ; 

The fund to be derived from the sale of county seminaries, and the moneys 
and property heretofore held for such seminaries; from the fines assessed 
for breaches of the penal laws of the State; and from all forfeitures which 
may accrue; 

All lands and other estate which shaU escheat to the State for want of heirs 
or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the State, where no 
special purpose is expressed in the grant, and the proceeds of the sales thereof ; 
including the proceeds of the sales of the swamp lands granted to the State 
of Indiana by the act of Congress, of the 28th of September, 1850, after deduct- 
ing the expense of selecting and draining the same; 

Taxes on the property of corporations that may be assessed by the general 
assembly for common-school purposes. 

Sec 3. The principal of the common-school fund shall remain a perpetual 
fund, which may be increased, but shall never be diminished ; and the income 
thereof shall be inviolably appropriated to the support of common schools, and 
to no other purpose whatever. 

Sec 4. The general assembly shall invest, in some safe and profitable manner, 
all such portions of the common-school fund as have not heretofore been in- 
trusted to the several counties ; and shall make provisions, by law, for the dis- 
tribution, among the several counties, of the interest thereof. 

Sec 5. If any county shall fail to demand its proportion of such interest 
for common-school purposes, the same shall be reinvested for the benefit of such 
county. 



888 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Sec. 6. The several counties shall be held liable for the preservation of so 
much of the said fund as may be intrusted to them, and for the payment of the 
annual interest thereon. 

Sec 7. All trust funds held by the State shall remain inviolate, and be 
faithfully and exclusively applied to the purposes for which the trust was 
created. 

Sec. 8. The general assembly shall provide for the election, by the voters 
of the State, of a State superintendent of public instruction, who shall hold 
his office for two years, and whose duties and compensation shall be prescribed 
by law. 

Art. IX, Sec. 1. It shall be the duty of the general assembly to provide by 
law for the support of institutions for the education of the deaf and dumb, and 
of the blind ; and, also, for the treatment of the insane. 

Sec 2. The general assembly shaU provide houses of refuge for the correction 
and reformation of juvenile offenders. 

Art. X, Sec 1. The general assembly shall provide, by law, for a uniform 
and equal rate of assessment and taxation ; and shall prescribe such regulations 
as shall secure a just valuation for taxation of all property, both real and per- 
sonal, excepting such only for municipal, educational, literary, scientific, 
religious, or charitable purposes, as may be specially exempted by law. 



IOWA. 

FIRST. EDUCATION. 

Aet. IX, Sec 1. The educational interest of the State, including common 
schools and other educational institutions, shall be under the management of 
a bo.'ird of education, which shall consist of the lieutenant governor, who shall 
be the presiding officer of the board, and have the casting vote in case of a 
tie, and one member to be elected from each judicial district in the State. 

Sec 2. No person shall be eligible as a member of said board who shall not 
have attained the age of 25 years, and shall have been one year a citizen of 
the State. 

Sec 3. One member of said board shall be chosen by the qualified electors 
of each district, and shall hold the office for the term of four years, and until 
his successor is elected and qualified. After the first election imder this con- 
stitution, the board shall be divided, as nearly as practicable, into two equal 
classes, and the seats of the first class shall be vacated after the expiration of 
two years ; and one-half of the board shall be chosen every two years thereafter. 

Sec 4. The first session of the board of education shall be held at the seat 
of government on the first Monday of December after their election; after 
which the general assembly may fix the time and place of meeting. 

Sec '5. The session of the board shall be limited to 20 days, and but one 
session shall be held in any one year, except upon extraordinary occasions, 
when, upon the recommendation of two-thirds of the board, the governor may 
order a special session. 

Sec 6. The board of education shall appoint a secretary, who shall be the 
executive officer of the board, and perform such duties as may be imposed upon 
him by the board, and the laws of the State. They shall keep a journal of 
their proceedings, which shall be published and distributed in the same man- 
ner as the journals of the general assembly. ■ 

Sec 7. All rules and regulations made by the board shall be published and 
distributed to the several counties, townships, and school districts, as may be 
provided for by the board, and when so made, published and distributed, they 
shall have the force and effect of law. 

Sec 8. The board of education shall have full power and authority to legis- 
late and make all needful rules and regulations in relation to common schools, 
and other educational institutions, that are instituted to receive aid from the 
school or university fund of this State; but all acts, rules, and regulations of 
said board may be altered, amended, or repealed by the general assembly; 
and when so altered, amended, or repealed they shall not be reenacted by the 
board of education. 

Sec 9. The governor of the State shall be ex officio a member of said board. 

Sec 10. The board shall have no power to levy taxes, or make appropriations 
of money. Their contingent expenses shall be provided for by the general 
assembly, 



CONSTITUTIONAL PKOVISIONS AS TO EDUCATION. 889 

Sec. 11. The State university shall be established at one place without 
branches at any other place, and the university fund shall be applied to that 
institution and no other. 

Sec. 12. The board of education shall provide for the education of all the 
youths of the State, through a system of common schools, and such schools 
shall be organized and kept in each school district at least three months in 
each year. Any district failing, for two consecutive years, to organize and 
keep up a school, as aforesaid, may be deprived of their portion of the school 
fund. 

Sec. 13, The members of the board of education shall each receive the same 
per diem during the time of their session, and mileage going to and returning 
therefrom, as members of the general assembly. 

Sec. 14. A majority of the board shall constitute a quorum for the transac- 
tion of business ; but no rule, regulation, or law for the government of common 
schools or other educational institutions shall pass without the concurrence of 
a majority of all the members of the board, which shall be expressed by the 
yeas and nays on the final passage. The style of all acts of the board shall be, 
" Be it enacted by the Board of Education of the State of Iowa." 

Sec. 15. At any time after the year 1S63, the general assembly shall have 
power to abolish or reorganize said board of education, and provide for the 
educational interest of the State in any other manner that to them shall seem 
best and proper. 

second. — SCHOOL FUNDS AND SCHOOL LANDS. 

Sec. 1. The educational and school funds and lands shall be under the con- 
trol and management of the general assembly of this State. 

Sec. 2. The university lands, and the proceeds thereof, and all moneys be- 
longing to said fund shall be a permanent fund for the sole use of the State 
university. The interest arising from the same shall be annually appropriated 
for the support and benefit of said university. 

Sec, 3. The general assembly shall encourage, by all suitable means, the 
promotion of intellectual, scientific, moral, and agricultural improvement. The 
proceeds of all lands that have been, or hereafter may be, granted by the 
United States to this State, for the support of schools, which may have been, 
or shall hereafter be, sold or disposed of, and the 500.000 acres of land granted 
to the new States, under an act of Congress distributing the proceeds of the 
public lands among the several States of the Union, approved In the year of 
our Lord 1841, and all estates of deceased persons who may have died without 
leaving a will or heir, and also such per cent as has been or may hereafter be 
granted by Congress, on the sale of lands in this State, shall be and remain a 
perpetual fund, the interest of which, together with all rents of the unsold 
lands, and such other means as the general assembly may provide, shall be 
inviolably appropriated to the support of common schools throughout the State. 

Sec. 4. The money which may have been or shall be paid by persons as an 
equivalent from exemption from military duty, and the clear proceeds of all 
fines collected in the several counties for any breach of the penal laws, shall 
be exclusively applied, in the several counties in which such money is paid, or 
fine collected, among the several school districts of said counties, in proportion 
to the number of youths subject to enumeration in such districts, to the 
support of common schools, or the establishment of libraries, as the board 
of education shall from time to time provide. 

Sec. 5. The general assembly shall take measures for the protection, im- 
provement, or other disposition of such lands as have been, or may hereafter 
be, reserved or granted by the United States, or any person or persons, to this 
State, for the use of the university, and the funds accruing from the rents or 
sale of such lands, or from any other source for the purpose aforesaid, shall 
be, and remain, a permanent fund, the interest of which shall be applied to 
the support of said university, for the promotion of literature, the arts and 
sciences, as may be authorized by the terms of such grant. And it shall be 
the duty of the general assembly as soon as may be to provide effectual means 
for the improvement and permanent security of the funds of said university. 

Sec. 6. The financial agents of the school funds shall be the same that, by 
law, receive and control the State and county revenue for other civil purposes, 
under such regulations as may be provided by law. 

Sec. 7. The money subject to the support and maintenance of common schools 
shall be distributed to the districts in proportion to the number of youths, 



890 STATE LAWS RELATING TO PUBLIC EDUCATIOIsr. 

between the ages of 5 and 21 years, in such manner as may be provided by the 
general assembly. 

Art. XII, Sec. 4. All fines, penalties, or forfeitures due, or to become due, 
or accruing to the State, or to any county therein, or to the school fund, shall 
inure to the State, county, or school fund, in the manner prescribed by law. 



KANSAS. 



Art. I, Sec. 1. The executive department shall consist of a governor, * * * 
and superintendent of public instruction, who shall be chosen by the electors 
of the State at the time and place of voting for members of the legislature, 
and shall hold their offices for the term of two years from the second Monday 
of January next after their election, and until their successors are elected and 
qualified. 

Sec. 2. Until otherwise provided by law, an abstract of the returns of every 
election of the officers named in the foregoing section shall be sealed up and 
transmitted by the clerks of the boards of canvassers of the several counties 
to the secretary of state, who with the liteutenant governor and attorney gen- 
eral shall constitute a board of State canvassers, whose duty it shall be to meet 
at the State capital on the second Tuesday of December succeeding each elec- 
tion for State officers, and canvas the vote for such officers and proclaim the 
result ; but in case any two or more have an equal and the highest number of 
votes, the legislature shall by joint ballot choose one of said persons so having 
an equal and the highest number of votes for said office. 

Sec. 14. Should either the secretary of state, * * * or superintendent 
of public instruction, become incapable of performing the duties of his office, 
for any of the causes specified in the thirteenth section of this article, the 
governor shall fill the vacancy until the disability is removed, or a successor 
is elected and qualified. Every such vacancy shall be filled by election at the 
first general election that occurs more than SO days after it shall have hap- 
pened ; and the person chosen shall held the office for the unexpired term. 

Art. II, Sec. 23. The legislature, in providing for the formation and regula- 
tion of schools, shall make no distinction between the rights of males and 
females. 

Art. V, Sec. 3. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while * * * 
a student of any seminary of learning. * * * 

Art. VI, Sec. 1. The State superintendent of public instruction shall have the 
general supervision of the common-school funds and educational interests of 
the State, and perform such other duties as may be prescribed by law. A 
superintendent of public instruction shall be elected in each county, whose term 
of office shall be two years, and whose duties and compensation shall be pre- 
scribed by law. 

Sec. 2. The legislature shall encourage the promotion of intellectual, moral, 
scientific, and agricultural improvement,- by establishing a uniform system of 
common schools, and schools of a higher grade, embracing normal, preparatory, 
collegiate, and university departments. 

Sec. 3. The proceeds of all lands that have been or may be granted by the 
United States to the State for the support of schools, and the 500,000 acres of 
land granted to the new States under an act of Congress distributing the pro- 
ceeds of public lands among the several States of the Union, approved Sep- 
tember 4, A. D. 1841, and all estates of persons dying without heir or will, and 
such per cent as may be granted by Congress on the sale of lands in this State, 
shall be the common property of the State, and shall be a perpetual school fund, 
which shall not be diminished, but the interest of which, together with all the 
rents of the lands and such other means as the legislature may provide, by tax 
or otherwise, shall be inviolably appropriated to the support of common schools. 

Sec. 4. The income of the State school funds shall be disbursed annually, by 
order of the State superintendent, to the several county treasurers, and thence to 
the treasurers of the several school districts, in equitable proportion to the 
number of children and youth resident therein between the ages of 5 and 21 
years : Provided, That no school district in which a common school has not been 
maintained at least three months in each year shall be entitled to receive any 
portion of such funds. 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 891 

Sec. 5. The school lands shall not be sold unless such sale shall be authorized 
by a vote of the people at a general election ; but, subject to revaluation every 
5 years, they may be leased for any number of years, not exceeding 25, at a 
rate established by law. 

Sec. 6. All money which shall be paid by persons as an equivalent for exemp- 
tion from military duty ; the clear proceeds of estrays, ownership of which shall 
vest in the taker-up ; and the proceeds of fines for any breach of the penal laws, 
shall be exclusively applied in the several counties in which the money is paid 
or fines collected to the support of common schools. 

Sec, 7. Provision shall be made by law for the establishment, at some eligible 
and central point, of a State university, for the promotion of literature and the 
arts and sciences, including a normal and an agricultural department. All 
funds arising from the sale or rents of lands granted by the United States to the 
State for the support of a State university, and all other grants, donations, or 
bequests, either by the State or by individuals, for such purpose shall remain a 
perpetual fund, to be called the "university fund," the interest of which shall 
be appropriated to the support of the State university. 

Sec. 8. No religious sect or sects shall ever control any part of the common- 
school or university funds of the State. 

Sec. 9. The State superintendent of public instruction, secretary of state, and 
attorney general shall constitute a board of commissioners for the management 
and investment of the school funds. Any two of said commissioners shall be a 
quorum. 

Art. A' II, Sec. 1. Institutions for the benefit of the insane, blind, and deaf and 
dumb, and such other benevolent Institutions as the public good may require, 
shall be fostered and supported by the State, subject to such regulations as may 
be prescribed by law. Trustees of such benevolent institutions as may be here- 
after created shall be appointed by the governor, by and with the advice and 
consent of the senate ; * * *^ 

Art. XI, Sec. i. * * * j^n property appropriated and used exclusively for 
municipal, literary, educational, scientific, or charitable purposes * * * 
shall be exempted from taxation * * *^ 



KENTUCKY. 



Sec. 5. No preference shall ever be given by law to any religious sect, society, 
or denomination ; * * * ^or shall any man be compelled to send his child 
to any school to which he may be conscientiously opposed ; * * * 

Sec. 59. The general assembly shall not pass local or special acts concerning 
any of the following subjects, or for any of the following purposes, namely ; * * * 

To provide for the management of common schools. * * * 

Sec. 60. * * * No law, except such as relates to * * * common 
schools, * * * giiail be enacted to take effect upon the approval of any 
other authority than the general assembly, unless otherwise expressly provided 
in this constitution. 

Sec. 91. A treasurer * * * and superintendent of public instruction shall 
be elected by the qualified voters of the State at the same time the governor is 
elected, for the term of four years, each of whom shall be at least 30 years of 
age at the time of his election and shall have been a resident citizen of the State 
at least two years next before his election. The duties of all these officers shall 
be such as may be prescribed by law, * * *^ 

Sec. 93. The treasurer, * « * superintendent of public instruction and 
register of the land office shall be ineligible to reelection for the succeeding 
four years after the expiration of the term for which they shall have been 
elected. The duties and responsibilities of these officers shall be prescribed by 
law, and all fees collected by any of said officers, shall be covered into the 
treasury. * * * 

Sec. 95. The election under this constitution for * * * superintendent of 
public instruction, * * * gi^all be held on the first Tuesday after the first 
Monday in November, 1895, and the same day every four years thereafter. 

Sec. 157. The tax rate of cities, towns, counties, taxing districts, and other 
municipalities, for other than school purposes, shall not, at any time, exceed the 
following rates upon the value of the taxable property therein, viz : For all 
towns or cities having a population of 15,000 or more, $1.50 on the $100 ; for all 



892 STATE LAWS RELATING TO PUBLIC EDUCATION. 

towns or cities having less tlian 15,000 and not less than 10,000, $1 on the $100; 
for all towns or cities having less than 10,000, 75 cents on the $100; and for 
counties and taxing districts, 50 cents on the $100; unless it should be neces- 
sary to enable such city, town, county, or taxing district to pay the interest on, 
and provide a sinking fund for the extinction of, indebtedness contracted before 
the adoption of this constitution. No county, city, town, taxing district, or other 
municipality shall be authorized or permitted to become indebted, in any manner 
or for any purpose, to an amount exceeding, in any year, the income and revenue 
provided for such year, without the assent of two-thirds of the voters thereof, 
voting at an election to be held for that purpose; and any indebtedness con- 
tracted in violation of this section shall be void. Nor shall such contract be 
enforceable by the person with whom made ; nor shall such municipality ever be 
authorized to assume the same. 

Sec. 158. The respective cities, towns, counties, taxing districts, and muni- 
cipalities shall not be authorized or permitted to incur indebtedness to an 
amount, including existing Indebtedness, in the aggregate exceeding the fol- 
lowing-named maximum percentages on the value of the taxable property 
therein, to be estimated by the assessment next before the last assessment pre- 
vious to the incurring of the indebtedness, viz: Cities of the first and second 
classes, and of the third class having a population exceeding 15,000, 10 per 
centum; cities of the third class having a population of less than 15,000, and 
cities and towns of the fourth class, 5 per centum; cities and towns of the 
fifth and sixth classes, 3 per centum; and counties, taxing districts, and other 
municipalities, 2 per centum : Provided, Any city, town, county, taxing district, 
or other municipality may contract an indebtedness In excess of such limita- 
tions when the same has been authorized under laws In force prior to the adop- 
tion of this constitution, or when necessary for the completion of and payment 
for a public Improvement undertaken and not completed and paid for at the 
time of the adoption of this constitution : And provided further. If, at the time 
of the adoption of this constitution the aggregate Indebtedness, bonded or float- 
ing, of any city, town, county, taxing district, or other municipality. Including 
that which it has been or may be authorized to contract as herein provided, 
shall exceed the limit herein prescribed, then no such city or town shall be 
authorized or permitted to increase its indebtedness in an amount exceeding 2 
per centum, and no such county, taxing district, or other municipality, in an 
amount exceeding 1 per centum, In the aggregate upon the value of the taxable 
property therein, to be ascertained as herein provided, until the aggregate of 
its indebtedness shall have been reduced below the limit herein fixed, and 
thereafter it shall not exceed the limit, unless in case of emergency, the public 
health, or safety should so require. Nothing herein shall prevent the issue of 
renewal bonds or bonds to fund the floating indebtedness of any city, town, 
county, taxing district, or other municipality. 

Sec. 159. Whenever any county, city, town, taxing district, or other muni- 
cipality is authorized to contract an indebtedness, it shall be required, at the 
same time, to provide for the collection of an annual tax sufficient to pay the 
interest on said indebtedness, and to create a sinking fund for the payment of 
the principal thereof, within not more than 40 years from the time of con- 
tracting the same. 

Sec. 170. There shall be exempt from taxation * * * institutions of educa- 
tion not used or employed for gain by any person or corporation, and the 
income of which is devoted solely to the cause of education ; * * * 

Sec. 183. The general assembly shall, by appropriate legislation, provide for 
an efficient system of common schools throughout the State. 

Sec. 184. The bond of the Commonwealth issued in favor of the board of 
education for the sum of $1,327,000 shall constitute one bond of the Common- 
wealth in favor of the board of education, and this bond and the $73,500 of 
the stock in the Bank of Kentucky, held by the board of education, and its 
proceeds, shall be held inviolate for the purpose of sustaining the system of 
common schools. The interest and dividends of said fund, together with any 
sum which may be produced by taxation or otherwise for purposes of common- 
school education, shall be appropriated to the common schools, and to no other 
purpose. No sum shall be raised or collected for education other than in com- 
mon schools until the question of taxation is submitted to the legal voters, 
and the majority of the votes cast at said election shall be in favor of such 
taxation: Provided, The tax now imposed for educational purposes, and for 
the endowment and maintenance of the agricultural and mechanical college, 
shall remain until changed by law. 



^ 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 893 

Sec. 1S5. The general assembly shall make provision, by law, for the pay- 
ment of the interest of said school fund, and may proA'ide for the sale of the 
stock in the Bank of Kentucky; and in case of a sale of all or any part of 
said stock, the proceeds of sale shall be invested by the sinking-fund commis- 
sioners in other good interest-bearing stocks or bonds, which shall be subject 
to sale and reinvestment, from time to time, in like manner, and with the same 
restrictions, as provided with reference to the sale of the said stock in the 
Bank of Kentucky. 

' Sec. 186. Each county in the Commonwealth shall be entitled to its pro- 
portion of the school fund on its census of pupil children for each school 
year; and if the pro rata share of any school district be not called for after 
the second school year, it shall be covered into the treasury and be placed to 
the credit of the school fund for general apportionment the following school 
year. The surplus now due the several counties shall remain a perpetual 
obligation against the Commonwealth for the benefit of said respective coun- 
ties, for which the Commonwealth shall execute its bond, bearing interest at the 
rate of 6 per centum per annum, payable annually to the counties respectively 
entitled to the same, and in the proportion to which they are entitled, to be 
used exclusively in aid of common schools. 

Sec. 1ST. In distributing the school fund no distinction shall be made on 
account of race or color, and separate schools for white and colored children 
shall be maintained. 

Sec. ISS. So much of any moneys as may be received by the Commonwealth 
from the United States under the recent act of Congress refunding the direct 
tax shall become a part of the school fund, and be held as provided in section 
184 ; but the general assembly may authorize the use by the Commonwealth of 
the moneys so received or any part thereof, in which event a bond shall be 
executed to the board of education for the amount so used which bond shall 
be held on the same terms and conditions, and subject to the provisions of sec- 
tion 184 concerning the bond therein referred to. 

Sec. 189. No portion of any fund or tax now existing, or that may hereafter 
be raised or levied for educational purposes, shall be appropriated to or used by 
or in aid of any church, sectarian, or denominational school. 



LOUISIANA. 



Aet. 48. The general assembly shall not pass any local or special law on the 
following specified subjects ; * * * 

Regulating the management of public schools, the building or repairing of 
schoolhouses, and the raising of money for such purposes. * * * 

Art. 53. No money shall ever be taken from the public treasury, directly or 
indirectly, in aid of any church, sect, or denomination of religion, or in aid of 
any priest, preacher, minister, or teacher thereof, as such, and no preference 
shall ever be given to nor any discrimination made against any church, sect, or 
creed of religion or any form of religious faith or worship ; nor shall any appro- 
priation be made for private, charitable, or benevolent purposes to any person or 
community: Provided, This shall not apply to the State asylum for the insane 
and State institution for the deaf and dumb, and State institution for the in- 
struction of the blind, and the charity hospitals and public charitable institu- 
tions conducted under State authority. 

Art. 55. The general appropriation bill shall embrace nothing but appropria- 
tions for the ordinary expenses of the Government, interest on the public debt, 
public schools, and public charities. * * * 

Art. 60. No educational or charitable institution, other than the State institu- 
tions now existing, or expressly provided for in this constitution, shall be estab- 
lished by the State, except upon a vote of two-thirds of the members elected to 
each house of the general assembly. 

Art. 198. No person less than 60 years of age shall be permitted to vote at 
any election in this State who shall not, in addition to the qualifications above 
prescribed, have paid on or before the 31st day of December of each year, for 
the two years preceding the year in which he offers to vote, a poll tax of $1 per 
annum, to be used exclusively in aid of the public schools of the parish in which 
such tax shall have been collected ; which tax is hereby imposed on every male 
resident of this State between the age of 21 and 60 years, * * * 



894 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Art. 227. The taxing power shall be exercised only to carry on and maintain 
the government of the State and the public institutions thereof, to educate the 
children of the State. * * * 

Art. 230. The following shall be exempt from taxation, and no other, viz : 
* * * All charitable institutions, all buildings and property used exclusively 
for public monuments or historical collections, colleges, and other school pur- 
poses, the real and personal estate of any public library, and that of any other 
library association used by or connected with such library, all books and philo- 
sophical apparatus, and all paintings and statuary of any company or associa- 
tion, kept in a public hall : Provided, The property so exempted be not leased for 
pui"poses of private or coiiDorate profit or income. * * * 

Art. 231. The general assembly shall levy an annual poll tax of $1 upon every 
male inhabitant in the State between the ages of 21 and 60 years, for the main- 
tenance of the public schools in the parishes where collected. 

Art. 232. The State tax on property for all purposes whatever, except those 
otherwise provided for In this constitution, including expense of government, 
schools, levees, public roads, and the public debt and interest thereon, shall not 
exceed, in any one year, 6 mills on the dollar of its assessed valuation, unless 
additional tax is required under the terms of the article of this constitution 
relating to public debt ; and except as otherwise provided in this constitution, no 
parish, municipal, or public-board tax for all purposes whatsoever, shall exceed 
in any one year 10 mills of the dollar of assessed valuation : Provided, That for 
giving additional support to public schools and for the purpose of erecting and 
constructing public buildings, public schoolhouses, bridges, wharves, levees, sew- 
erage work, fire departments, and buildings, and other works of permanent 
public improvement, the title to which shall be in the public, and any parish, 
municipal corporation, ward or school district may levy a special tax in excess 
of said limitation, whenever the rate of such increase and the number of years 
it is to be levied and the purpose for which the tax is intended shall have 
been submitted to a vote of the property taxpayers of such parish, municipality, 
ward, or school district, entitled to vote under the laws of the State, and a 
majority of the same in number and in amount voting at such election shall 
have voted therefor. 

Abt. 248. There shall be free public schools for the white and colored races, 
separately established by the general assembly, throughout the State, for the 
education of all the children of the State between the ages of 6 and 18 years : 
Provided, That where kindergarten schools exist, children between the ages of 
4 and 6 may be admitted into said schools, all funds raised by the State for the 
support of public schools, except the poll tax, shall be distributed to each parish 
in proportion to the number of children therein between the ages of 6 and 18 
years. The general assembly, at its next session, shall provide for the enumera- 
tion of educable children. 

Art. 249. There shall be elected by the qualified electors of the State a super- 
intendent of public education, who shall hold his office for the term of four 
years, and until his successor is qualified. His duties shall be prescribed by 
law, and he shall receive an annual salary of $5,000, payable monthly, on his 
warrant. 

Art. 250. The general assembly shall provide for the creation of a state board 
and parish board of public education. The parish boards shall elect a parish 
superintendent of public education for their respective parishes, whose qualifi- 
cations shall be fixed by the legislature, and who shall be ex officio secretary 
of the parish board. The salary of the parish superintendent shall be provided 
for by the general assembly, to be paid out of the public-school funds accruing 
to the respective parishes. 

Art. 251. The general exercises in the public schools shall be conducted in 
the English language: Provided, That the French language may be taught in 
those parishes or localities where the French language predominates, if no addi- 
tional expense is incurred thereby. 

Art. 252. The funds derived from the collection of the poll tax shall be 
applied exclusively to the maintenance of the public schools as organized under 
this constitution, and shall be applied exclusively to the support of the public 
schools in the parish in which the same shall be collected, and shall be ac- 
counted for and paid by the collecting officer directly to the treasurer of the 
local school board. 

Art. 253. No funds raised for the support of the public schools of the State 
shall be appropriated to or used for the support of any private or sectarian 
SCboolS, 



CON-STITUTIONAL PROVISIONS AS TO EDUCATION. 895 

Aet. 254. The school funds of the State shall consist of : First. Not less than 
li mills of the 6 mills tax levied and collected by the State. Second. The pro- 
ceeds of taxation for school purposes as provided by this constitution. Third.. 
The interest on the proceeds of all public lands heretofore granted or to be 
granted by the United States for the support of the public schools, and the 
revenue derived from such lands as may still remain unsold. Fourth. Of lands 
and other property heretofore or hereafter bequeathed, granted, or donated to 
the State for school purposes. Fifth. All funds and property, other than unim- 
proved lands, bequeathed or granted to the State, not designated for any other 
purpose. Sixth. The proceeds of vacant estates falling under the law to the 
State of Louisiana. Seventh. The legislature may appropriate to the same fund 
the proceeds of public lands not designated or set apart for any other purpose, 
and shall provide that every parish may levy a tax for the public schools 
therein, which shall not exceed the entire State tax : Provided, That with such 
a tax the whole amount of parish taxes shall not exceed the limits of parish 
taxation fixed by this constitution. The city of New Orleans shall make such 
appropriation for the support, maintenance, and repair of the public schools of 
said city as it may deem proper, but not less than eight-tenths of 1 mill for any 
one year; and said schools shall also continue to receive from the board of 
liquidation of the city debt the amounts to which they are now entitled under 
the constitutional amendment adopted in the year 1892. 

That the police juries of the several parishes and boards of trustees and 
municipal councils of incorporated cities and towns (the parish of Orleans 
excepted) shall levy, collect, and turn over to the parish school boards of their 
respective parishes for the support of the public schools of their respective 
X>arishes, cities, or towns, the proceeds of at least 3 mills of the annual tax 
which they are empowered to levy on each dollar of the assessed valuation of the 
property thereof: Provided, That cities and towns that are not exempted by 
the terms of their charters from the payment of parish taxes and which are 
subjected to the similar burdens of taxation as are the parishes shall not pay 
this tax, as same is included in the taxes imposed by the parish in which the 
town is situated, " unless the parish boards of school directors of that parish 
certify that the needs of the schools can be met by a smaller levy of such taxes." 

Art. 255. The Louisiana State University and Agricultural and Mechanical 
College, founded upon the land grants of the United States to endow a seminary 
of learning, and a college for the benefit of agriculture and the mechanic arts 
now established and located in the city of Baton Rouge, is hereby recognized ; 
and all revenues derived and to be derived from the seminary fund, the agri- 
cultural and mechanical college fund, and other funds or lands donated or to 
be donated by the United States to the State of Louisiana for the use of a 
seminary of learning or of a college for the benefit of agriculture or the 
mechanic arts, shall be appropriated exclusively to the maintenance and sup- 
port of said Louisiana State University and Agricultural and Mechanical Col- 
lege ; and the general assembly shall make such additional appropriations as 
may be necessary for its maintenance and support and improvement, and for 
the establishment, in connection with said institution, of such additional 
scientific or literary departments as the public necessities and the well-being of 
the people of Louisiana may require. 

The Tulane University, located in New Orleans, Is hereby recognized as 
created and to be developed in accordance with the provisions of legislative act 
No. 43, approved July 5, 1884, and, by approval of the electors, made part of the 
constitution of the State. 

Aet. 255. Sec. 1. Be it resolved hy the General AssemMy of the State of Loui- 
siana, two-thirds of all r)iem1)ers elected to each house concurring, That the 
legislature may appropriate to the same funds the proceeds of public lands not 
designated or set apart for any other purpose, and shall provide that each 
parish may levy a tax for the public schools therein, which shall not exceed the 
entire State tax: Provided, That with such tax the whole amount of parish 
taxes shall not exceed the limits of parish taxation fixed by this constitution. 

The city of New Orleans shall make such appropriation for the support, 
maintenance, and repair of the public schools of said city as it may deem 
proper, but not less than eight-tenths of 1 mill for any one year; and said 
schools shall also continue to receive from the board of liquidation of the 
city debt the amounts to which they are now entitled under the constitution 
amendment adopted in the year 1892: Provided, That this shall not apply to 
cities that under legislative authority now conduct, maintain, and support 



896 STATE LAWS KELATING TO PUBLIC EDUCATION. 

public schools, open and free to the youth of the parish in which said city is 
located, and levy, collect, and expend annually for the conduct, maintenance, 
and support of said schools the proceeds of at least 3 mills of the annual tax 
which they are empowered to levy on each dollar of the assessed valuation 
of property; and such cities shall not pay and turn over to the parish school 
board the proceeds of at least 3 mills of the annual tax, or any part thereof, as 
herein provided, and shall be exempted from the same so long as such cities con- 
tinue to conduct, maintain, and support free schools as herein provided, under 
the supervision and control of the State board of education and independent of 
parochial school authorities: Provided further, That such city shall not be 
entitled to membership on the parish board of school directors and that the 
electors of such city shall not be eligible to vote at the elections for such 
directors for the parish in which such city is situated. * * * 

Art. 256. The Louisiana State Normal School, established and located at 
Natchitoches ; the Industrial Institute and College of Louisiana, whose name is 
hereby changed to the Louisiana Industrial Institute, established and located 
at Huston, and the Southern University, now established in the city of New 
Orleans, for the education of persons of color, are hereby recognized ; and the 
general assembly is directed to make such appropriations from time to time as 
may be necessary for the maintenance, support, and improvement of these insti- 
tutions : Provided, That the appropriation for the maintenance and support of 
the Southern University shall not exceed $10,000 per annum. 

Aet. 257. The debt due by the State to the free-school fund is hereby declared 
to" be the sum of $1,130,867.51 in principal, and shall be kept on the books of the 
auditor and treasurer to the credit of the several townships entitled to the 
same ; the said principal being the proceeds of the sales of lands heretofore 
granted by the United States for the use and support of free public schools, 
which amount shall be held by the State as a loan, and shall be and remain a 
perpetual fund, on which the State shall pay an annual interest of 4 per cent, 
and that said interest shall be paid to the several townships in the State en- 
titled to the same, in accordance with the act of Congress, No. 68, approved 
February 15, 1843. 

Art. 258. The debt due by the State to the seminary fund is hereby declared 
to be $136,000, being the proceeds of the sale of lands heretofore granted by the 
United States to this State for the use of a seminary of learning, and said 
amount shall be kept to the credit of said fund on the books of the auditor 
and treasurer of the State as a perpetual loan, and the State shall pay an 
annual interest of 4 per cent on said amount. 

Art. 259. The debt due by the State to the agricultural and mechanical col- 
lege fund Is hereby declared to be the sum of $182,313.03, being the proceeds 
of the sale of lands and land scrip heretofore granted by the United States to 
this State for the use of a college for the benefit of agricultural and mechanical 
arts; and said amount shall be kept to the credit of said fund on the books of 
the auditor and treasurer of the State as a perpetual loan, and the State shall 
pay an annual interest of 5 per cent on said amount. 

Art. 260. The interest due on the free-school fund, the seminary fund, and 
the agricultural and mechanical college fund shall be paid out of any tax that 
may be levied and collected for the payment of the interest on the State debt. 

Art. 261. All pupils in the primary grades in the public schools throughout 
the parish of Orleans, unable to provide themselves with the requisite books, 
an affidavit to that effect having been made by one of the parents of such 
pupils, or if such parents be dead, then by the tutor or other person in charge 
of such pupils, shall be furnished with the necessary books, free of expense, to 
be paid for out of the school fund of said parish ; and the school board of the 
parish of Orleans is hereby directed to appropriate annually not less than 
$2,000 for the purpose named, provided such amount be needed. 

Art. 317. * * * The city of New Orleans shall have power and it shall be 
its duty to issue $200,000 of bonds, known as " School-teachers' salary bonds," 
for the purposes and under the provisions and conditions set forth in the 
special act of the legislature adopted to that end and for that purpose, at the 
regular session of 1906, which said act is hereby ratified and approved. * * * 

[Amendment.] The act adopted by the legislature at the regular session 
begun and held on May 11, 1908, regulating the care, treatment, and control of 
neglected and delinquent children. 17 years of age and under, and for the trial 
of adults charged with any violation of the laws for protecting the physical, 
moral, and mental well-being of children or with desertion or failure to support 



CONSTITUTION" AL PROVISIONS AS TO EDUCATION. 897 

Wife or cbildren; organizing the juvenile court in the parish of Orleans, provid- 
ing a judge and officers therefor; providing for separate sessions, as juvenile 
courts, of the district court outside of said parish: defining the jurisdiction of 
said courts ; and providing them with probation officers of either sex, for inde- 
terminate sentences by said courts and for appeals therefrom, and mailing other 
provisions cognate thereto, is hereby ratified and approved, and all provisions 
of the present constitution in conflict with the provisions of said act and this 
amendmeit are to that exent and for that purpose only repealed. 

Act No. 83, adopted June SO, 1908, as amended by the act adopted by the 
legislature at the regular session begun and held on May 9, 1910, regulating the 
care, treatment, and control of neglected and delinquent children, 17 years of 
age and under, and for the trial of adults charged with any violation of the 
laws for protecting the physical, morel, and mental well-being of children, or 
with desertion or failure to support wife or children; organizing the juvenile 
court in the parish of Orleans, providing a judge and officers therefor; pro- 
viding for separate sessions, as juvenile courts, of the district courts outside of 
said parish; defining the jurisdiction of sr.id courts; and providing them with 
probation officers of either sex for indeterminate sentences by said courts, and 
for appeals therefrom, and making other provisions cognate thereto, and sus- 
pending the same in so far as it affects all parishes outside of the parish of 
Orleans, except parishes which contain an incorporated town of more than 
7,000 inhabitants, and providing therein formalities by which the effect and 
operation of the act No. 83 of 1908, as amended by the act of the legislature of 
1910, herein referred to, may be extended to other parishes, and more fully 
declaring and defining the jurisdiction of the juvenile courts in regard to chil- 
dren and other persons who may be charged before said courts, providing said 
amendment, if adopted, shall go into effect on and after January 1, 1911, is 
hereby ratified and approved : And further provided, That all provisions of the 
present constitution in conflict with the provisions of said act as amended, and 
this amendment, are to that extent, and for that purpose only, repealed. 

Section 1. Be it enacted hy the General AssemUy of the State of Louisiana, 
two-thirds of all the members elected to each house concurring, That, subject 
to the ratification of the people of the State of Louisiana, by an amendment to 
the constitution of the State, hereinafter submitted to them, the board of 
directors of the public schools for the parish of Orleans, of the State of 
Louisiana, is hereby au^orized and empov>'ered to issue bonds not to exceed 
$2,000,000 in amount, to be dated January 1, 1915, bearing 5 per cent per an- 
num interest, payable semiannually, the principal of which shall be payable in 
40 annual installments of $50,000 each, payable on the 1st day of January 
in each of the years 1916 to and including 1955, respectively, as hereinafter set 
forth. * * * 



IMAINE. 



Art. 1, Sec. 3. * * * all religious societies in this State, whether incor- 
porate or unincorporate, shall at all times have the exclusive right of electing 
their public teachers, and contracting with them for their support and main- 
tenance. 

Aet. VIII. A general diffusion of the advantages of education being essential 
to the preservation of the rights and liberties of the people ; to promote this im- 
portant object, the legislature are authorized, and it shall be their duty to re- 
quire, the several towns to malie suitable provision, at their own expense, for 
the support and maintenance of public schools; and it shall further be their 
duty to encourage and suitably endow, from time to time, as the circumstances 
of the people may authorize, all academies, colleges, and seminaries of learn- 
ing within the State : Provided, That no donation, grant, or endowment shall at 
any time be made by the legislature to any literary institution now established, 
or which may hereafter be established, unless, at the time of malting such en- 
dowment, the legislature of the State shall have the right to grant any further 
powers to alter, limit, or restrain any of the powers vested in any such literary 
institution, as shall be judged necessary to promote the best interests thereof. 

Art. XXII. No city or town having less than 40,000 inhabitants, according 
to the last census taken by the United States, shall hereafter create any debt 
or liability, which single or in the aggregate, with previous debts or liabilities, 

3966°— 15 57 



898 STATE LAWS RELATING TO PUBLIC EDUCATION. 

shall exceed 5 per centum of the last regular valuation of said city or town: 
Provided, however, That cities having a population of 40,000 or more, according 
to the last census taken by the United States, m"y create a debt or liability 
which single or in the aggregate, with previous debts or liabilities, shall equal 
7^ per cent of the last regular valuation of said city, that cities of 40,000 in- 
habitants, or over, may, by a majority vote of their city government, increase the 
present rate of 5 per centum of one-fourth of 1 per cent in any one municipal 
year, until, in not less than 10 years, the maximum rate of 7^ per cent is 
reached, that any city failing to take the increr.se in r:ny one municipal year 
then the increase fcr that year is lost and no increase can be made until the 
next year as provided above. * * * 



MARYIiAND. 



Aet. YIII, Sec. 1. The general assembly, at its first session after the adoption 
of this constitution, shall, by law, establish throughout the State a thorough 
and efficient system of free public schools; and shall provide by taxation, or 
otherwise, for their maintenance. 

Sec. 2. The system of public schools, as now constituted, shall remain in force 
until the end of the said first session of the general assembly, and shall then 
expire, except so far as adopted or continued by the general assembly. 

Sec. 3. The school fund of the State shall be kept inviolate, and appropriated 
only to the purposes of education. 



MASSACHUSETTS. 

Chap. V, Sec. 1. Whereas our wise and pious ancestors, so early as the year 
1636, laid the foundation of Harvard College, in which university many per- 
sons of great eminence have, by the blessing of God, been initiated in those 
arts and sciences which qualified them for public employments, both in church 
and state; and whereas the encouragement of arts and sciences, and all good 
literature, tends to the honor of God, the advantages of the Christian religion, 
and the great benefit of this and the other United States of America, it is 
declared, that the president and fellows of Harvard College, in their corporate 
capacity, and their successors in that capacity, their officers and servants, shall 
have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, 
privileges, immunities, and franchises, which they now have, or are entitled 
to have, hold, use, exercise, and enjoy; and the same are hereby ratified and 
confirmed unto them, the said president and fellows of Harvard College, and to 
their successors, and to their officers and servants, respectively, forever. 

And whereas there have been at sundry times, by divers persons, gifts, devises 
of houses, lands, tenements, goods, chattels, legacies, and conveyances, here- 
tofore made, either to Harvard College in Cambridge, in New England, or 
to the president and fellows of Harvard College, or to the said college by some 
other description, under several charters, successively, it is declared, that all 
the said gifts, grants, devises, legacies, and conveyances, are hereby forever 
confirmed unto the president and fellows of Harvard College, and to their suc- 
cessors in the capacity aforesaid, according to the true intent and meaning of 
the donor or donors, grantor or grantors, devisor or devisors. 

And whereas, by an act of the General Court of the Colony of Massachusetts 
Bay, passed in the year 1642, the governor and deputy governor, for the time 
being, and all the magistrates of that jurisdiction, were, with the president, 
and a number of the clergy in the said act described, constituted the over- 
seers of Harvard College; and it being necessary, in this new constitution of 
government to ascertain who shall be deemed successors to the said governor, 
deputy governor, and magistrates, it is declared, that the governor, lieutenant 
governor, council, and senate of this Commonwealth, are, and shall be deemed, 
their successors, who, with the president of Harvard College, for the time 
being, together with the ministers of the congregational churches in the towns 
of Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are. vested with all the powers 
and authority belonging, or in any way appertaining to the overseers of 
Harvard College: Provided, That nothing herein shall be constructed to pre- 



COITSTITTJTIONAL PROVISIONS AS TO EDUCATION. 899 

vent the legislature of this Commonwealtli from making such alterations in 
the government of the said university as shall be conducive to its advantage, 
and the interest of the republic of letters, in as full a manner as might have 
been done by the legislature of the late Province of the Massachusetts Bay. 

Sec. 2. Wisdom and knowledge, as well as virtue, diffused generally among 
the body of the people, being necessary for the preservation of their rights and 
liberties ; and as these depend on spreading the opportunities and advantages of 
education in the various parts of the country, and among the different orders 
of the people, it shall be the duty of legislatures and magistrates, in all future 
periods of this Commonwealth, to cherish the interests of literature and the 
sciences, and all seminaries of them, especially the university at Cambridge, 
public schools and grammar schools in the towns ; to encourage private societies 
and public institutions, rewards and immunities, for the promotion of agri- 
culture, arts, sciences, commerce, trades, manufactures, and a natural history 
of the country; to countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry and frugality, honesty 
ynd punctuality in their dealings; sincerity, good humor, and all social affec- 
tions, and generous sentiments, among the people. 

Aet. XVIII. All moneys raised by taxation in the towns and cities for the 
support of public schools, and all moneys which may be appropriated by the 
State for the support of common schools, shall be applied to, and expended in, 
no other schools than those which are conducted according to law, under the 
order and superintendence of the authorities of the town or city in which the 
money is to be expended ; and such moneys shall never be appropriated to any 
religious sect for the maintenance, exclusively, of its own school. 



MICHIGAN. 

Aet. II, Sec. 3. * * * No money shall be appropriated or drawn from the 
treasury for the benefit of any religious sect or society, theological or religious 
seminary; nor shall property belonging to the State be appropriated for any 
such purpose. * * * 

Art. Ill, Sec. 2. No elector shaU be deemed to have gained or lost a residence 
by reason of his being employed in the service of the United States or of this 
State, * * * j2or while a student at any institution of learning. * ' * * 

Aet. IX, Sec. 8. Any officer elected by a county, city, village, township, or 
school district may be removed from office in such manner and for such cause 
as shall be prescribed by law. 

Aet. X, Sec. 1. All subjects of taxation now contributing to the primary-school 
interest fund under present laws shall continue to contribute to that fund, and 
all taxes from such subjects shall be first applied in paying the interest upon the 
primary school, university, and other educational funds in the order herein 
named, after which the surplus of such moneys shall be added to and become a 
part of the primary-school interest fund. 

Sec. c. * * * The legislature shall provide by law a uniform rule of taxa- 
tion for such property as shall be assessed by a State board of assessors, and 
the rate of taxation on such property shall be the rate which the State board of 
assessors shall ascertain and determine is the average rate levied upon other 
property upon which ad valorem taxes are assessed for State, county, township, 
school, and municipal purposes. 

Aet. XI, Sec. 1. Religion, morality, and knowledge being necessary to good 
government and the happiness of mankind, schools and the means of education 
shall forever be encouraged. 

Sec. 2. A superintendent of public instruction shall be elected at the regular 
election to be held on the first Monday in April, 1909, and every second year 
thereafter. He shall hold office for a period of two years from the first day of 
July following his election and until his successor is elected and qualified. He 
shall have general supervision of public instruction in the State. He shall be a 
member and secretary of the State board of education. He shall be ex officio a 
member of all other boards having control of public instruction in any State 
institution, with the right to speak but not to vote. His duties and compensa- 
tion shall be prescribed by law. 

Sec. 3. There shall be a board of regents of the university, consisting of eight 
members, who shall hold the office for eight years. There shall be elected at 



900 STATE LAWS RELATING TO PUBLIC EDUCATION. 

each regular biennial spring election two members of such board. When a va- 
cancy shall occur in the office of regent it shall be filled by appointment of the 
governor. 

Sec. 4. The regents of the university and their successors in office shall con- 
tinue to constitute the body corporate known as The Regents of the University 
of Michigan. 

Sec. 5. The regents of the university shall, as often as necessary, elect a 
president of the university. The president of the university and the superin- 
tendent of public instruction shall be ex officio members of the board of regents, 
with the privilege of speaking but not of voting. The president shall preside 
at the meetings of the board and be the principal executive officer of the uni- 
versity. The board of regents shall have the general supervision of the univer- 
sity and the direction and control of all expenditures from the university funds. 

Sec. 6. The State board of education shall consist of four members. On the 
first Monday in April, 1909, and at each succeeding biennial spring election, 
there shall be elected one member of such board, who shall hold his office for six 
years from the first day of July following his election. The State board of 
education shall have general supervision of the State normal college and the 
State normal schools, and the duties of said board shall be prescribed by law. 

Sec. 7. There shall be elected on the first Monday in April, 1909, a State 
board of agriculture, to consist of six members, two of whom shall hold the 
office for two years, two for four years, and two for six years. At every regular 
biennial spring election thereafter there shall be elected two members, whose 
term of office shall be six years. The members thus elected and their successors 
in office shall be a body corporate to be known as the State Board of Agriculture. 

Sec 8. The State Board of Agriculture shall, as often as necessary, elect a 
president of the agricultural college, who shall be ex officio a member of the 
board, with the privilege of speaking but not of voting. He shall preside at the 
meetings of the board and be the principal executive officer of the college. The 
board shall have the general supervision of the college, and the direction and 
control of all agricultural college funds, and shall perform such other duties as 
may be prescribed by law. 

Sec. 9. The legislature shall continue a system of primary schools, whereby 
every school district in the State shall provide for the education of its pupils 
without charge for tuition; and all instruction in such schools shall be con- 
ducted in the English language. If any school district shall neglect to maintain 
a school within its borders as prescribed by law for at least five months in each 
year, or to provide for the education of its pupils in another district or districts 
for an equal period, it shall be deprived for the ensuing year of its proportion 
of the primary-school interest fund. If any school district shall, on the second 
Monday in July of any year, have on hand a sufficient amount of money in the 
primarj^-school interest fund to pay its teachers for the next ensuing two years 
as determined from the pay roU of said district for the last school year, and in 
case of a primary district, all tuition for the next ensuing two years, based upon 
the then enrollment in the seventh and eighth grades in said school district, 
the children in said district shall not be counted in making the next apportion- 
ment of primary-school money by the superintendent of public instruction ; nor 
shall such children be counted in making such apportionment until the amount 
of money in the primary-school interest fund in said district shall be insufficient 
to pay teachers' wages or tuition as herein set forth for the next ensuing two 
years. 

Sec. 10. The legislature shall maintain the university, the college of mines, 
the State agricultural college, the State normal college and such State normal 
schools and other educational institutions as may be established by law. 

Sec 11. The proceeds from the sales of all lands that have been or hereafter 
may be granted by the United States to the State for educational purposes and 
the proceeds of all lands or other property given by individuals or appropriated 
by the State for like purposes shall be and remain a perpetual fund, the in- 
terest and income of which, together with the rents of all such lands as may 
remain unsold, shall be inviolably appropriated and annually applied to the 
specific objects of the original gift, grant, or appropriation. 

Sec 12. All lands, the titles to which shall fail from a defect of heirs, shall 
escheat to the State, and the interest on the clear proceeds from the sales 
thereof shall be appropriated exclusively to the support of the primary schools. 

Sec 13. The legislature shall appropriate all salt-spring lands now unappro- 
priated, or the money arising from the sale of the same, where such lands have 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 901 

already been sold, and any funds or lands which may hereafter be granted or 
appropriated for such purpose, for the support and maintenance of the agri- 
cultural college. 

Sec. 14. The legislature shall provide by law for the establishment of at least 
one library in each township and city; and all fines assessed and collected in 
the several counties, cities, and townships for any breach of the penal laws shall 
be exclusively applied to the support of such libraries. 

Sec. 15. Institutions for the benefit of those inhabitants who are deaf, dumb, 
blind, feeble-minded, or insane shall always be fostered and supported. 

Art. XIII. Sec. 4. The regents of the University of Michigan shall have power 
to take private property for the use of the university, in the manner prescribed 
by law. 

MINNESOTA. 

Art, IV, Sec. 33. * * * The legislature shall pass no local or special law 
regulating the affairs of, or incorporating, erecting, or changing the lines of, 
any county, city, village, township, ward or school district, or creating the 
offices, or prescribing the powers and duties of the officers of, or fixing or re- 
lating to the compensation, salary or fees of the same, or of the mode of elec- 
tion or appointment thereto, * * * regulating the management of public 
choosing any officer of schools or any members of library boards, or upon any 
such purposes. * * * 

Art. VII, Sec. 7. Every person who by the provisions of this article shall be 
entitled to vote at any election shall be eligible to any office which now is, or 
hereafter shall be, elective by the people in the district wherein he shall have 
resided 80 days previous to such election, except as otherwise provided in the 
constitution or the Constitution and laws of the United States. 

Sec. 8. Women may vote for school officers and members of library boards, 
and shall be eligible to hold any office pertaining to the management of schools 
or libraries. 

Any woman of the age of 21 years and upward and possessing the qualifica- 
tions requisite to a male voter may vote at any election held for the purpose of 
choosing any officer of schools or any members of library boards, or upon any 
measure relating to schools or libraries, and shall be eligible to hold any office 
pertaining to the management of schools and libraries. 

Art. VIII, Sec. 1. The stability of a republican form of government depending 
mainly upon the intelligence of the people, it shall be the duty of the legislature 
to establish a general and uniform system of public schools. 

Sec. 2. The proceeds of such lands as are or hereafter may be granted by the 
United States for the use of schools within each township of this State shall re- 
main a perpetual school fund to the State ; and not more than one-third of said 
lands may be sold in 2 years, one-third in 5 years, and one-third in 10 years; 
but the lands of the greatest valuation shall be sold first: Provided, That no 
portion of said lands shall be sold otherwise than at public sale. The principal 
of all funds arising from sales or other disposition of lands or other property, 
granted or intrusted to this State in each township for educational purposes, 
shall forever be preserved inviolate and undiminished; and the income arising 
from the lease or sale of said school land shall be distributed to the different 
townships throughout the State, in proportion to the number of scholars in each 
township, between the ages of 5 and 21 years; and shall be faithfully applied 
to the specific objects of the original grants or appropriations. 

Suitable laws shall be enacted by the legislature for the safe investment of 
the principal of all funds which have heretofore arisen or which may hereafter 
arise from the sale or other disposition of such lands, or the income from such 
lands accruing in any way before the sale or disposition thereof, in interest- 
bearing bonds of the United States, or of the State of Minnesota, issued after 
the year 1860, or of such other State as the legislature may, by law, from time 
to time direct. 

All swamp lands now held by the State, or that may hereafter accrue to the 
State, shall be appraised and sold in the same manner and by the same officers, 
and the minimum price shall be the same less one-third, as is provided by law 
for the appraisement and sale of the school lands under the provisions of title 
1 of chapter 38 of the general statutes. The principal of all funds derived from 
sales of swamp lands, as aforesaid, shall forever be preserved inviolate and un- 
diminished. One-half of the proceeds of said principal shall be appropriated to 



902 STATE LAWS RELATING TO PUBLIC EDUCATION. 

tlie common- school fund of the State. The remaining one-half shall be appro- 
priated to the educational and charitable institutions of the State in the rela- 
tive ratio of cost to support said institutions. 

Sec. 3. The legislature shall make such provisions, by taxation or otherwise, 
as, with the income arising from the school fund, will secure a thorough and 
efficient system of public schools in each township in the State. 

But in no case shall the moneys derived as aforesaid, or any portion thereof, 
or any public moneys or property, be appropriated or used for the support of 
schools wherein the distinctive doctrines, creeds, or tenets of any particular 
Christian or other religious sect are promulgated or taught. 

Sec. 4. The location of the University of Minnesota, as established by exist- 
ing laws, is hereby confirmed, and said institution is hereby declared to be the 
University of the State of Minnesota. All the rights. Immunities, franchises, 
and endowments heretofore granted or conferred are hereby perpetuated unto 
the said university ; and all lands which may be granted hereafter by Congress, 
or other donations for said university purposes, shall vest in the institution re- 
ferred to in this section. 

Sec. 5. The permanent school funds of the State may be loaned upon interest 
at the rate of 5 per cent per annum to the several counties or school districts 
of the State, to be used in the erection of county or school buildings. No such 
loan shall be made until approved by a board consisting of the governor, the 
State auditor, and the State treasurer, who are hereby constituted an invest- 
ment board for the purpose of the loans hereby authorized ; nor shall any such 
loan be for an amount exceeding 3 per cent of the last preceding assessed valu- 
ation of the real estate of the county or school district receiving the same. 
The State auditor shall annually, at the time of certifying the State tax to the 
several county auditors, also certify to each auditor to whose county, or to any 
of the school districts of whose county, any such loan shall have been made, 
the tax necessary to be levied to meet the accruing interest or principal of any 
such loan, and it shall be the duty of every such county auditor forthwith to 
levy and extend such tax upon all the taxable property of his county, or of the 
several school districts, respectively, liable for such loans — as the case may be — 
and in all such cases the tax so assessed shall be 50 per cent in excess of the 
amount actually necessary to be raised on account of such accruing principal 
or interest. It shall be levied, collected, and paid into the county and State 
treasuries in the same manner as State taxes, and any excess collected over the 
amount of such principal or interest accruing in any given year shall be credited 
to the general funds of the respective counties or school districts. No change 
of the boundaries of any school district after the making of any such loan shall 
operate to withdraw any property from the taxation herein provided for; nor 
shall any law be passed extending the time of payment of any such principal 
or interest, or reducing the rate of such interest, or in any manner waiving or 
impairing any rights of the State in connection with any such loan. Suitable 
laws, not inconsistent with this amendment, may be passed by the legislature 
for the purpose of carrying the same into effect. 

Sec 6. The permanent school and university fund of this State may be in- 
vested in the bonds of any county, school district, city, town, or village of this 
State, but no such investment shall be made until approved by the board of 
commissioners designated by law to regulate the investment of the permanent 
school fund and the permanent university fund of this State; nor shall such 
loan or investment be made when the bonds to be issued or purchased would 
make the entire bonded indebtedness exceed -15 per cent of the assessed valua- 
tion of the taxable real property of the county, school district, city, town, or 
village issuing such bonds; nor shall such loans or indebtedness be made at a 
lower rate of interest than 3 per cent per annum, nor for a shorter period than 
5 years, nor for a longer period than 20 years, and no change of the town, 
school district, city, village, or of county lines shall relieve the real property in 
such town, school district, county, village, or city in this State at the time of the 
issuing of such bonds from any liability for taxation to pay such bonds. 

Aet. IX, Sec. i. * * * Taxes shall be uniform upon the same class of 
subjects, and shall be levied and collected for public purposes, but public bury- 
ing grounds, public schoolhouses, public hospitals, academies, colleges, universi- 
ties, and all seminaries of learning * * *, 

Sec. 12. Suitable laws shall be passed by the legislature for the safe-keeping, 
transfer, and disbursements of the State and school funds * * *, 



CONSTITUTIONAL PEOVISIONS AS TO EDUCATION. ^903 

MISSISSIPPI. 

Art. IV, Sec. 66. No law granting a donation, or gratuity, in "favor of any 
person or object shall be enacted, except by the concurrence of two-thirds of 
each branch of the legislature, nor by any vote for a sectarian purpose or use. 

Sec. 69. General appropriation bills shall contain only the appropriation to 
defray the ordinary expenses of the executive, legislative, and judicial depart- 
ments of the government, to pay interest on State bonds, and to support the 
common schools. * * * 

Sec. 90. The legislature shall not pass local, private, or special laws in any 
of the following enumerated cases, but such matters shall be provided for only 
by general laws, viz : * * * 

(p) Providing for the management or support of any private or common 
school, incorporating the same or granting such school any privileges. * * » 

Art. VIII, Sec. 201. It shall be the duty of the legislature to encourage by 
all suitable means the promotion of intellectual, scientific, moral, and agricul- 
tural improvement, by establishing a uniform system of free public schools, by 
taxation, or otherwise, for all children between the ages of 5 and 21 years, and, 
as soon as practicable, to establish schools of higher grade. 

Sec. 202. There shall be a superintendent of public education elected at the 
same time and in the same manner as the governor, who shall have the qualifi- 
cations required of the secretary of state, and hold his office for four years and 
until his successor shall be elected and qualified, who shall have the general 
supervision of the common schools, and of the educational interests of the State, 
and who shall perform such other duties and receive such compensation, as 
shall be prescribed by law. 

Sec. 203. There shall be a board of education, consisting of the secretary of 
state, the attorney general, and the superintendent of public education, for the 
management and investment of the school funds, according to law, and for the 
performance of such other duties as may be prescribed. The superintendent 
and one other of said board shall constitute a quorum. 

Sec. 204. There shall be a superintendent of public education in each county, 
who shall be appointed by the board of education by and with the advice and 
consent of the senate, whose term of office shall be four years, and whose 
qualifications, compensation, and duties shall be prescribed by law : Provided, 
That the legislature shall have power to make the office of county school super- 
intendent of the several counties elective, or may otherwise provide for the dis- 
charge of the duties of county superintendent, or abolish said office. 

Sec. 205. A public school shall be maintained in each school district in the 
county at least four months during each scholastic year. A school district 
neglecting to maintain its school four months, shall be entitled to only such part 
of the free school fund as may be required to pay the teacher for the time 
actually taught. 

Sec. 206. There shall be a common-school fund which shall consist of the 
poll tax (to be retained in the counties where the same is collected) and an 
additional sum from the general fund in the State treasury which together 
shall be sufficient to maintain the common schools for the term of four months 
in each scholastic year. But any county or separate school district may levy 
an additional tax to maintain its schools for a longer time than the term of 
four months. The common-school fund shall be distributed among the several 
counties and separate school districts, in proportion to the number of educable 
children in each, to be determined from data collected through the office of 
the State superintendent of education, in the manner to be prescribed by law. 

Sec. 207. Separate schools shall be maintained for children of the white and 
colored rrces. 

Sec. 208. No religious or other sect, or sects, shall ever control any part of 
the school or other educational funds of this State; nor shall any funds be 
appropriated toward the support of any sectarian school ; or to any school that 
at the time receiving such appropriation is not conducted as a free school. 

Sec. 209. It shall be the duty of the legislature to provide by law for the 
support of institutions for the education of the deaf, dumb, and blind. 

Sec. 210. No public officer of this State, or any district, county, city, or 
town thereof, nor any teacher or trustee of any public school, shall be inter- 
ested in the sale, proceeds or profits of any books, apparatus, or furniture to be 
used in any public school in this State. Penalties shall be provided by law 
for the violation of this section. 



904 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Sec. 211. The legislature shall enact such laws as may be necessary to as- 
certain the true condition of the title to the sixteenth sections of land in this 
State, or land granted in lieu thereof, in the Choctaw purchase, and shall pro- 
vide that the sixteenth-section lands reserved for the support of township 
schools shall not be sold, nor shall they be leased for a longer term than 10 
years for a gross sum ; but the legislature may provide for the lease of any of 
said lands for a term not exceeding 25 years for a ground rental payable annu- 
ally, and, in case of uncleared lands, may lease them for such short term as 
may be deemed proper in consideration of the improvement thereof, with right 
thereafter to lease for a term or to hold on payment of ground rent. 

Sec. 212. The rate of interest on the fund known as the Chickasaw school 
fund, and other trust funds for educational purposes, for which the State is 
responsible, shall be fixed and remain as long as said funds are held by the 
State, at 6 per centum per annum, from and after the close of the fiscal year 
A. D. 1891, and the distribution of said interest shall be made semiannually 
on the 1st of May and November of each year. 

Sec. 213. The State having received and appropriated the land donated to it 
for the support of agricultural and mechanical colleges, by the United States, 
and having, in furtherance of the beneficent design of Congress in granting 
said land, established the Agricultural and Mechanical College of Mississippi, 
and the Alcorn Agricultural and Mechanical College, it is the duty of the State 
to sacredly carry out the conditions of the act of Congress, upon the subject, 
approved July 2, A. D. 1862, and the legislature shall preserve intact the en- 
dowments to, and support, said colleges. 

Art. XII, Sec. 243. A uniform poll tax of $2, to be used in aid of the com- 
mon schools, and for no other purpose, is hereby imposed on every male in- 
habitant of this State between the ages of 21 and 60 years, except persons who 
are deaf and dumb or blind, or who are maimed by loss of hand or foot; said 
tax to be a lien only upon taxable property. The board of supervisors of any 
county may, for the purpose of aiding the common schools in that county, in- 
crease the poll tax in said county, but in no case shall the entire poll tax ex- 
ceed in any one year $3 on each poll. No criminal proceedings shall be allowed 
to enforce the collection of the poll tcix. 



MISSOURI. 



Art. II, Sec. 7. That no money shall ever be taken from the public treasury, 
directly or indirectly, in aid of any church, sect, or denomination of religion, or 
in aid of any priest, preacher, minister, or teacher thereof as such. * * * 

Art. IV, Sec. 43. * * * All appropriations of money by the successive gen- 
eral assemblies shall be made in the following order : * * * 

Third. For free public school purjwses. * * * 

Sec. 47. The general assembly shall have no power to authorize any county, 
city, town, or township, or other political corporation or subdivision of the 
State now existing, or that may be hereafter established, to lend its credit or 
to grant public money or thing of value in aid of or to pay individual, associa- 
tion, or corporation whatsoever, or to become a stockholder in such corpora- 
tion, association, or company : Provided further, That this shall not be so con- 
strued as to prohibit the general assembly from authorizing by law school 
boards or boards of ecucation in this State, in cities which now contain, or 
may hereafter contain, a population of 100,000 or more, to create, maintain, 
and manage a fund out of the school moneys under their control, for pensioning 
public-school teachers who have become mentally or physically incapacitated 
for further service : And provided further, That no part of the said pension fund 
shall be taken out of the general revenue fund of the State apportioned to the 
counties or cities for school purposes, but must be paid out of the district fund 
of the district seeking to enforce this provision of the constitution relating to 
teachers' pensions. 

Sec. 53. The general assembly shall not pass any local or special law : * * * 

Regulating the affairs of counties, cities, townships, wards, or school dis- 
tricts ; * * * 

Erecting new townships, or changing township lines, or the lines of school 
districts ; 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 905 

Creating offices, or prescribing the powers and duties of officers in counties, 
cities, townships, election, or scliool districts; * * * 

Regulating the management of public schools, the building or repairing of 
schoolhouses, and the raising of money for such purposes ; * * * 

Art. V, Sec. 1. The executive department shall consist of a governor, * ♦ ♦ 
attorney general, and superintendent of public schools, all of whom * ♦ ♦ 
shall reside at the seat of government during their term of office, and keep 
the public records, books, and papers there, and shall perform such duties as 
may be prescribed by law. 

Sec. 2. The term of office of the governor, * * * attorney general, and 
superintendent of public schools shall be four years from the second Monday 
of January next after their election, and until their successors are elected and 
qualified. * * * At the general election to be held in the year 1876, and 
every four years thereafter, all of such officers, except the superintendent of 
public schools, shall be elected, and the superintendent of public schools shall 
be elected at the general election In the year 1878, and every four years 
thereafter. 

Sec. 19. No person shall be eligible to the office of * * * superintendent 
of public schools unless he be a male citizen of the United States and at least 
25 years old and shall have resided in this State at least five years next before 
his election. 

Art. VIII, Sec. 7. For the purpose of voting, no person shall be deemed to 
have gained a residence by reason of his presence or lost it by reason of his 
absence * * * while a student of any institution of learning. * * * 

Art. IX, Sec 6. No county, township, city, or other municipality shall here- 
after * * * loan its credit to or in aid of any such corporation or associa- 
tion, or to or in aid of any college or institution of learning or other institution, 
w^hether created for or to be controlled by the State or others. * * * 

Art X, Sec. 5. All railroad corporations in this State, or doing business 
therein, shall be subject to taxation for State, county, school, municipal, and 
other purposes, on the real and personal property owned or used by them, and 
on their gross earnings, their net earnings, their franchises, and their capital 
stock. 

Sec 6. * * * Lots in incorporated cities or towns, or within 1 mile of the 
limits of any such city or town, to the extent of 1 acre, and lots 1 mile or more 
distant from such cities or towns, to the extent of 5 acres, with the buildings 
thereon, may be exempted from taxation when the same are used exclusively 
for religious worship, for schools, or for purposes purely charitable. * * * 

Sec 8. The State tax on property, exclusive of the tax necessary to pay the 
bonded debt of the State, shall not exceed 20 cents on the $100 valuation ; and 
whenever the taxable property of the State shall amount to $900,000,000 the 
rate shall not exceed 15 cents. 

Sec 11. Taxes for county, city, town, and school purposes may be levied on 
all subjects and objects of taxation; jjut the valuation of property therefor 
shall not exceed the valuation of the same property in such town, city, or school 
district for State and county purposes. For county purposes the annual rate 
on property in counties having $6,000,000 or less shall not, in the aggregate, 
exceed 50 cents on the $100 valuation ; in counties having $6,000,000 and under 
$10,000,000, said rate shall not exceed 40 cents on the $100 valuation ; in coun- 
ties having $10,000,000 and under $30,000,000, said rate shall not exceed 50 
cents on the $100 valuation; and in counties having $30,000,000 or more said 
rate shall not exceed 35 cents on the $100 valuation. For city and town pur- 
poses the annual rate on property in cities and towns having 30,000 inhabitants 
or more shall not, in the aggregate, exceed 100 cents on the $100 valuation ; in 
cities and towns having less than 30,000 and over 10,000 inhabitants said rate 
shall not exceed 60 cents on the $100 valuation; in cities and towns having 
less than 10,000 and more than 1,000 inhabitants said rate shall not exceed 
50 cents on the $100 valuation ; and in towns having 1,000 inhabitants or less 
said rate shall not exceed 25 cents on the $100 valuation. For school purposes 
in districts composed of cities which have 100,000 inhabitants or more the 
annual rate on property shall not exceed 60 cents on the $100 valuation, and 
in other districts 40 cents on the $100 valuation : Provided, The aforesaid an- 
nual rates for school purposes may be increased in districts formed of cities 
and towns to an amount not to exceed $1 on the $100 valuation, and in other 
districts to an amount not to exceed 65 cents on the $100 valuation, on the 



906 STATE LAWS RELATING TO PUBLIC EDUCATION. 

condition tliat a majority of the voters who are taxpayers, voting at an election 
held to decide the question, vote for said increase. For the purpose of erecting 
public buildings in counties, cities, or school districts, the rates of taxation 
herein limited may be increased when the rate of such increase and the pur- 
pose for which it is intended shall have been submitted to a vote of the people 
and two-thirds of the qualified voters of such county, city, or school district, 
voting at such election, shall vote therefor. The rate herein allowed to each 
county shall be ascertained by the amount of taxable property therein, accord- 
ing to the last assessment for State and county purposes, and the rate allowed 
to each city or town by the number of inhabitants, according to the last census 
taken under the authority of the State or of the United States ; said restriction 
as to rates shall apply to taxes of every kind and description, whether general 
or special, except taxes to pay valid indebtedness now existing or bonds which 
may be issued in renewal of such indebtedness: Provided, That the city of 
St. Louis may levy for municipal purposes, in addition to the municipal rate 
of taxation above provided, a rate not exceeding the rate which would be 
allowed for county purposes if said city were part of a county. 

Sec. 22. The general assembly shall separate the sources of State and local 
(that is, county, school, and municipal) revenue and establish local option for 
the counties and municipalities of the State in the selection of the subject of 
taxation. 

Sec. 24. * * * The taxation for school purposes within such county or 
city, by whatever authority levied, shall be made according to the plan of taxa- 
tion adopted in the county wherein such school district is located, or in the city 
if the district is located wholly in an incorporated city. 

Sec. 25. The taxing power in counties shall be exercised by the county courts 
thereof, except in counties where the township organization has been, or may 
be, effected, and there the taxing power shall be exercised by the township 
board of directors, and the taxation for school purposes in such townships in 
the counties under township organization shall conform to the taxation adopted 
in such townships. In cities, the taxing power shall be exercised by the munici- 
pal assembly or other body wherein the legislative power thereof is vested by 
law, subject to the limitations of their respective charters. 

Sec. 26. The interest on the certificates of indebtedness of the State for the 
" public-school fund " and the " seminary fund " shall be paid by the State 
out of the general revenue of the State, in lieu of the general tax now levied 
for such purposes: And provided further, That nothing herein contained shall 
be construed as impairing the obligation of the general assembly to set apart 
the revenues for the support of the public schools r s now provided. 

All certificates of indebtedness of the State to the " public-school fund " and 
to the "seminary fund" are hereby confirmed as sacred obligations of the 
State to said funds, and they shall be renewed as they mature for such period 
of time and at such rate of interest as may be provided for by law. The gen- 
eral assembly shall have the power to provide by law for the issuing certificates 
to the public-school fund and seminary fund as the money belonging to said 
funds accumulates in the State treasury: Provided, That after the outstand- 
ing bonded indebtedness has been extinguished, all money accumulating in 
the State treasury for the above-named purposes shall be invested in registered 
county, municipal, or school-district bonds of this State of not less than par 
value. Whenever the State bonded debt is extinguished, or a sum sufficient 
therefor has been received, there shall be levied and collected, in lieu of the 
10 cents on the $100 valuation now provided for by the statutes, an annual tax 
not to exceed 3 cents on the $100 valuation to pay the accruing interest on all 
the certificates of indebtedness, the proceeds of which tax shall be paid into the 
State treasury and appropriated and paid out for the specific purpose herein 
mentioned. 

Aet. XI, Sec 1. A general diffusion of knowledge and intelligence being essen- 
tial to the preservation of the rights and liberties of the people, the general 
assembly shall establish and maintain free public schools for the gratuitous 
instruction of all persons in this State between the ages of 6 and 20 years, and 
may establish and maintain free public schools for the gratuitous instruction 
of all persons in this State between 5 and 6 years of age and over 20 years of 
age. 

Sec. 2. The income of all the funds provided by the State for the support of 
free public schools shall be paid annually to the several county treasurers, to 
be disbursed according to law ; but no school district in which a free public 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 907 

school has not been maintained at least three months during the year for which 
the distribution is made shall be entitled to receive any portion of such funds. 

Sec. 3. Separate free public schools shall be established for the education of 
children of African descent. 

Sec. 4, The supervision of instruction in the public schools shall be vested in 
a " board of education," whose powers and duties shall be prescribed by law. 
Q^'he superintendent of public schools shall be president of the board. The gov- 
ernor, secretary of state, and attorney general shall be ex officio members, 
and, with the superintendent, compose said board of education. 

Sec. 5. The general assembly shall, whenever the public-school fund will per- 
mit, and the actual necessity of the same may require, aid and maintain the 
State university, now established, with its present departments. The govern- 
ment of the State university shall be vested in a board of curators, to consist 
of nine members, to be appointed by the governor, by and with the advice and 
consent of the senate. 

Sec 6. The proceeds of all lands that have been or hereafter may be granted 
by the United States to this State, and not otherwise appropriated by this State 
or the United States ; also all moneys, stocks, bonds, lands, and other property 
now belonging to any State fund for purposes of education; also the net pro- 
ceeds of all sales of lands and other property and effects that may accrue to 
the State by escheat, from unclaimed dividends and distributive shares of the 
estates of deceased persons ; also any proceeds of the sales of the public lands 
which may have been or hereafter may be paid over to this State (if Congress 
will consent to such appropriation) ; also all other grants, gifts, or devises 
that have been or hereafter may be made to this State, and not otherwise appro- 
priated by the State or the terms of the grant, gift, or devise, shall be paid 
into the State treasury, and securely invested and sacredly preserved as a 
public-school fund; the annual income of which fund, together with so much 
of the ordinary revenue of the State as may be by law set apart for that pur- 
pose, shall be faithfully appropriated for establishing and maintaining the free 
public schools and the State university in this article provided for, and. for no 
other uses or purposes whatsoever. 

Sec. 7. In case the public-school fund now provided and set apart by law for 
the support of free public schools shall be insufficient to sustain a free school 
at least four months in every year in each school district in this State, the 
general assembly may provide for such deficiency in accordance with section 11 
of the article on revenue and taxation ; but in no case shall there be set apart 
less than 25 per cent of the State revenue, exclusive of the interest and sinking 
fund, to be applied annually to the support of the public schools. 

Sec. 8. All moneys, stocks, bonds, lands, and other property belonging to a 
county school fund; also the net proceeds from the sale of estrays; also the 
clear proceeds of all penalties and forfeitures, and of all fines collected in the 
several counties for any breach of the penal or military laws of the State, and 
all moneys which shall be paid by persons as an equivalent for exemption from 
military duty, shall belong to and be securely invested and sacredly pre- 
served in the several counties, as a county public-school fund; the income of 
which fund shall be faithfully appropriated for establishing and maintaining 
free public schools in the several counties of this State. 

Sec 9. No part of the public-school fund of the State shall ever be Invested 
In the stock or bonds or other obligations of any other State, or of any county, 
city, town, or corporation ; and the proceeds of the sales of any lands or other 
property which now belong, or may hereafter belong, to said school fund, shall 
be invested in the bonds of the State of Missouri or of the United States. 

Sec 10. All county school funds shall be loaned only upon unencumbered real 
estate security, of double the value of the loan, with personal security in addi- 
tion thereto. 

Sec 11. Neither the general assembly, nor any county, city, town, township, 
school district, or other municipal corporation, shall ever make an appropriation 
or pay from any public fund whatever anything in aid of any religious creed, 
church, or sectarian purpose; or to help to support or sustain any private or 
public school, academy, seminary, college, university, or other institution of 
learning, controlled by any religious creed, church, or sectarian denomination 
whatever; nor shall any grant or donation of personal property or real estate 
ever be made by the State, or any county, city, town, or other municipal corpo- 
ration, for any religious creed, church, or sectarian purpose whatever. 



908 STATE LAWS RELATING TO PUBLIC EDUCATION. 

3IONTANA. 

Art. V, Sec. 26. The legislative assembly shall not pass local or special laws 
in any of the following enumerated cases, that is to say: * * * providing 
for the management of common schools; * * * creating oflSces, or pre- 
scribing the powers or duties of officers in counties, cities, township, or school 
districts; * * *^ 

Sec 33. The general appropriation bills shall embrace nothing but appro- 
priations for the ordinary expenses of the legislative, executive and judicial 
departments of the State, interest on the public debt and for public 
schools. * * * 

Sec. 35. No appropriation shall be made for charitable, industrial, educa- 
tional, or benevolent purposes to any person, corporation, or community not 
under the absolute control of the State, nor to any denominational or sectarian 
institution or association. 

Aet. VII, Sec. 1. The executive department shall consist of a governor, 
* * * and sui^erintendent of public instruction, each of whom shall hold 
his office for four years, or until his successor is elected and qualified, begin- 
ning on the first Monday of January next succeeding his election, * * *. 
They shall perform such duties as are prescribed in this constitution and by 
the laws of the State. * * * 

Sec. 3. No person shall be eligible to the office of governor, lieutenant gov- 
ernor, or superintendent of public instruction, unless he shall have attained 
the age of 30 years at the time of his election. * * *. In addition to the 
qualifications above prescribed, each of the officers named shall be a citizen 
of the United States, and have resided within the State or Territory two years 
next preceding his election. 

Sec 4. Until otherwise provided by law, the * * * superintendent of 
public instruction, shall quarterly as due, during their continuance in office, 
receive for their services compensation, vv^hich is fixed as follows: * * * 
superintendent of public instruction, $2,500 per annum. * * * 

Sec. 7. * * * If the office of * * * superintendent of public instruc- 
tion shall be vacated by death, resignation, or otherwise, it shall be the duty 
of the governor to fill the same by appointment, and the appointee shall hold his 
office until his successor shall be elected and qualified. 

Aet. IX, Sec 3. For the purpose of voting no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence * * * while 
a student at any institution of learning. * * * 

Sec 10. Women shall be eligible to hold the office of county superintendent 
of schools or any school-district office and shall have the right to vote at any 
school-district election. 

Aet. X, Sec 1. Educational, reformatory, and penal institutions, and those 
for the benefit of the insane, blind, deaf and mute, soldiers' home, and such 
other institutions as the public good may require, shall be established and sup- 
ported by the State in such manner as may be prescribed by law. 

Aet. XI, Sec 1. It shall be the duty of the Legislative Assembly of Montana 
to establish and maintain a general, uniform, and thorough system of public, 
free common schools. 

Sec 2. The public-school fund of the State shall consist of the proceeds of 
such lands as have heretofore been granted, or may hereafter be granted, to 
the State by the General Government, known as school lands ; and those granted 
in lieu of such ; lands acquired by gift or grant from any person or corporation 
under any law or grant of the General Government; and all other grants of 
land or money made to the State from the General Government for general educa- 
tional purposes, or where no other special purpose is indicated in such grant; 
all estates, or distributive shares of estates that may escheat to the State; all 
unclaimed shares and dividends of any corporation incorporated under the 
laws of the State, and all other grants, gifts, devises, or bequests made to the 
State for general educational purposes. 

Sec 3. Such public school fund shall forever remain inviolate, guaranteed by 
the State against loss or diversion, to be invested, so far as possible, in public 
securities within the State, including school bonds, issued for the erec- 
tion of school buildings, under the restrictions to be provided by law. 

Sec 4. The governor, superintendent of public instruction, secretary of 
state, and attorney general shall constitute the State board of land com- 
missioners, which shall have the direction, control, leasing, and sale of the 
school lands of the State, and the lands granted or which may hereafter be 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 909 

granted for the support and benefit of the various State educational Institutions, 
as may be prescribed by law. 

Sec. 5. The interest on all invested school funds of the State, and all rents 
accruing from the leasing of any school lands, shall be apportioned to the sev- 
eral school districts of the State in proportion to the number of children and 
youths between the ages of 6 and 21 years, residing therein respectively, but 
no district shall be entitled to such distributive share that does not maintain 
a public free school for at least three months during the year for which dis- 
tribution shall be made. 

Sec. 6. It shall be the duty of the legislative assembly to provide by taxation, 
or otherwise, sufficient means, in connection with the amount received from 
the general school fund, to maintain a public, free, common school in each 
organized district in the State, for at least three months in each year. 

Sec 7. The public free schools of the State shall be open to all children and 
youth between the ages of 6 and 21 years. 

Sec. 8. Neither the legislative assembly, nor any county, city, town, or school 
district, or other public corporations, shall ever make directly or indirectly, 
any appropriation, or pay from any public fund or moneys whatever, or make 
any grant of lands or other property in aid of any church, or for any sectarian 
purpose, or to aid in the support of any school, academy, seminary, college, 
university, or other literary, scientific institution, controlled in whole or in 
part by any church, sect, or denomination whatever. 

Sec. 9. No religious or partisan test or qualification shall ever be required of 
any person as a condition of admission into any public educational institution 
of the State, either as teacher or student; nor shall attendance be required at 
any religious service whatever, nor shall any sectarian tenets be taught in 
any public educational institution of the State ; nor shall any person be debarred 
admission to any of the collegiate departments of the university on account 
of sex. 

Sec. 10. The legislative assembly shall provide that aU elections for school 
district officers shall be separate from those elections at which State or county 
officers are voted for. 

Sec. 11. The general control and supervision of the State university and the 
various other State educational institutions shall be vested in a State board 
of education, whose powers and duties shall be prescribed and regulated by law. 
The said board shall consist of 11 members, the governor, State superintendent 
of public instruction, and attorney general, being members ex officio, the other 
8 members thereof shall be appointed by the governor, subject to the confirma- 
tion of the senate, under the regulations and restrictions to be provided by law. 

Sec. 12. The funds of the State university and of all other State institutions 
of learning, from whatever source accruing, shall forever remain inviolate and 
sacred to the purpose for which they were dedicated. The various funds shall 
be respectively invested under such regulations as may be prescribed by law, 
and shall be guaranteed by the State against loss or diversion. The interest of 
said invested funds, together with the rents from leased lands or properties, 
shall be devoted to the maintenance and perpetuation of these respective insti- 
tutions. 

Art. XII, Sec. 2. The property of * * * school districts, * * * shall 
be exempt from taxation ; and such other property as may be used exclusively 
for agricultural and horticultural societies, for educational purposes, * * ♦ 
may be exempt from taxation. 

Sec. 5. Taxes for city, town, and school purposes may be levied on all sub- 
jects and objects of taxation, but the assessed valuation of any property shall 
not exceed the valuation of the same property for State and county purposes. 

Art. XIII, Sec. 6. No city, town, township, or school district shall be allowed 
to become indebted in any manner or for any purpose to an amount, including 
existing indebtedness, in the aggregate exceeding 3 per centum of the value of 
the taxable property therein, to be ascertained by the last assessment for the 
State and county taxes previous to the incurring of such indebtedness, * * * 

Art. XVII, Sec. 1. All lands of the State that have been, or that may here- 
after be granted to the State by Congress, and all lands acquired by gift or 
grant or devise, from any person or corporation, shall be public lands of the 
State, and shall be held in trust for the people, to be disposed of as hereafter 
provided, for the respective purposes for which they have been or may be 
granted, donated, or devised ; and none of such land, nor any estate or interest 
therein, shall ever be disposed of except in pursuance of general laws providing 
for such disposition, nor unless the full market value of the estate or interest 



910 STATE LAWS RELATING TO PUBLIC EDUCATION. 

disposed of, to be ascertaiued in such manner as may be provided by law, be 
paid or safely secured to the State ; nor shall any lands which the State holds 
by grant from the United States (in any case in which the manner of disposal 
and minimum price are so prescribed) be disposed of, except in the manner and 
for at least the price prescribed in the grant thereof, without the consent of the 
United States. Said lands shall be classified by the board of land commissioners, 
as follows: First, lands which are valuable only for grazing purposes. Second, 
those which are principally valuable for the timber that is on them. Third, 
agricultural lands. Fourth, lands within the limits of any town or city or 
within 3 miles of such limits : Provided, That any of said lands may be reclassi- 
fied whenever, by reason of increased facilities for irrigation or otherwise, they 
shall be subject to different classification. 

Sec. 2. The lands of the first of said classes may be sold or leased, under such 
rules and regulations as may be prescribed by law. The lands of the second 
class may be sold, or the timber thereon may be sold, under such rules and 
regulations as may be prescribed by law. The agricultural lands may be either 
sold or leased, under such rules and regulations as may be prescribed by law. 
The land of the fourth class shall be sold in alternate lots of not more than 5 
acres each, and not more than one-half of any one tract of such lands shall be 
sold prior to the year 1910. 

Sec. 3. All other public lands may be disposed of in such manner as may be 
provided by law. 

NEBRASKA. 

Art. Ill, Sec. 15. The legislature shall not pass local or special laws in any 
of the following cases; that is to say: * * * 

Providing for the management of public schools. * * * 

Akt. V, Sec. 1. The executive department shall consist of a governor, lieuten- 
ant governor, * * * superintendent of public instruction, attorney general, 
and commissioner of public lands and buildings, who shall each hold his oflQce 
for the term of two years from the first Thursday and the first Tuesday in 
January next after his election, and until his successor is elected and quali- 
fied. * * * 

Sec. 19. The governor shall, prior to the adjournment of the thirty- third ses- 
sion of the legislature, nominate and, with the consent of two-thirds of the 
members of the senate in executive session, appoint three electors of the State, 
not more than two of whom shall belong to the same political party and no 
two of whom shall reside at the time of their appointment in the same con- 
gressional district, as members of a board to be known as a " board of commis- 
sioners of State institutions." Said members shall hold office as designated by 
the governor for two, four, and six years respectively. Subsequent appoint- 
ments shall be made as provided and, except to fill vacancies, shall be for a 
period of six years. The board shall at all times be subject to the above restric- 
tions and limitations. The board of commissioners shall have full power to 
manage, control, and govern, subject only to such limitations as shall be estab- 
lished by law, the State soldiers' home, hospitals for the insane, institute for 
the deaf, institute for the blind, industrial schools, institute for feeble-minded 
children,' Nebraska Industrial Home, orthopedic hospital, the State penitentiary, 
and all charitable, reformatory, and penal institutions that shall be by law estab- 
lished and maintained by the State of Nebraska. They shall each give bonds, 
receive compensation for service, perform all duties, and comply with all regu- 
lations that shall be established by law. * * * 

Sec. 24. The salaries of * * * the secretary of state, attorney general, 
superintendent of public instruction, and commissioner of public lands and 
buildings shall be $2,000 each per annum. * * * There shall be no allow- 
ance for clerk hire in the offices of the superintendent of public instruction and 

attorney general. . , . ^ 

Art. VIII, Sec. 1. The governor, secretary of state, treasurer, attorney general, 
and commissioner of public lands and buildings shall, under the direction of the 
legislature constitute a board of commissioners, for the sale, leasing, and gen- 
eral management of all lands and funds set apart for educational purposes, and 
for the investment of school funds in such manner as may be prescribed by 

^Iec 2 All lands, money, or other property granted or bequeathed or in any 
manner conveyed to this State for educational purposes shall be used and 
expended in accordance with the terms of such grant, bequest, or conveyance. 



CONSTITTJTIOITAL PEOVISIOKS AS TO EDUCATION. 911 

Sec. 3. The following are hereby declared to be perpetual funds for common- 
school purposes, of which the annual interest or income only can be appro- 
priated, to wit: 

First. Such per centum as has been, or may hereafter be, granted by Con- 
gress on the sale of lands in this State. 

Second. All moneys arising from the sale or leasing of sections Nos. 16 and 
36 in each township in this State, and the lands selected, or that may be 
selected, in lieu thereof. 

Third. The proceeds of all lands that have been, or may hereafter be, 
granted to this State, where, by the terms and conditions of such grant, the 
same are not to be otherwise appropriated. 

Fourth. The net proceeds of lands and other property and effects that may 
come to this State, by escheat or forfeiture or from unclaimed dividends or dis- 
tributive shares of the estates of deceased persons. 

Fifth. All moneys, stocks, bonds, lands, and other property now belonging 
to the common-school fund. 

Sec. 4. All other grants, gifts, and devises that have been, or may hereafter 
be, made to this State, and not otherwise appropriated by the terms of the 
grant, gift, or devise, the interest arising from all the funds mentioned in the 
preceding section, together with all the rents of the unsold school lands, and 
such other means as the legislature may provide, shall be exclusively applied, 
to the support and maintenance of common schools in each school district In the 
State. 

Sec. 5. All fines, penalties, and license moneys arising under the general laws 
of the State shall belong and be paid over to the counties respectively, where the 
same may be levied or imposed, and all fines, penalties, and license moneys aris- 
ing under the rules, by-laws, or ordinances of cities, villages, towns, precincts, 
or other municipal subdivision less than a county shall belong and be paid over 
to the same, respectively. All such fines, penalties, and license moneys shall be 
appropriated exclusively to the use and support of the common schools in the 
respective subdivisions where the same may accrue. 

Sec. 6. The legislature shall provide for the free instruction In the common 
schools of this State of all persons between the ages of 5 and 21 years. 

Sec. 7. Provision shall be made by general law for an equitable distribution 
of the income of the fund set apart for the support of the common schools, 
among the several school districts of the State, and no appropriation shall be 
made from said fund to any district for the year in which school is not main- 
tained at least three months. 

Sec. 8. University, agricultural college, common-school, or other lands which 
are now held or may hereafter be acquired by the State for educational pur- 
poses shall not be sold for less than $7 per acre, nor less than the appraised 
value. 

Sec. 9. All funds belonging to the State for educational purposes, the inter- 
est and income whereof only are to be used, shall be deemed trust funds held 
by the State, and the State shall supply all losses thereof, that may in any 
manner accrue, so that the same shall remain forever inviolate and undiminished ; 
and shall not be invested or loaned except on United States or State securities, 
or registered county bonds of this State, or registered school-district bonds of 
this State, and such other securities as the legislature may from time to time 
direct. And such funds with the interest and income thereof are hereby 
solemnly pledged to the purposes for which they are granted and set apart, and 
shall not be transferred to any other fund for other uses. 

Sec. 10. The general government of the University of Nebraska shall, under 
direction of the legislature, be vested in a board of six regents to be styled 
the Board of Regents of the University of Nebraska, who shall be elected by the 
electors of the State at large, and their term of ofiice, except those chosen 
at the first election as hereinafter provided, shall be six years. Their duties 
and powers shall be prescribed by law ; and they shall receive no compensation, 
but may be reimbursed their actual expenses incurred in the discharge of their 
duties. 

Sec. 11. No sectarian instruction shall be allowed in any school or institu- 
tion supported in whole or in part by the public funds set apart for educational 
purposes ; nor shall the State accept any grant, conveyance, or bequest of money, 
lands, or other property to be used for sectarian purposes. 

Sec. 12. The legislature may provide by law for the establishment of a school 
or schools for the safe-keeping, education, employment, and reformation of all 
children under the age of 16 years, who for want of proper parental care, or 
other cause, are growing up in mendicancy or crime. 



912 STATE LAWS BELATING TO PUBLIC EDUCATION. 

NEVADA. 

Abt. V, Sec. 22. The secretary of state, * * * superintendent of public 
instruction shall perform such other duties as may be prescribed by law. 

Art. VIII, Sec. 2. All real property and possessory rights to the same, as 
well as personal property in this State, belonging to corporations now existing 
or hereafter created, shall be subject to taxation the same as property of in- 
dividuals: Provided, That the property of corporations formed for municipal, 
charitable, religious, or educational purposes may be exempted by law. 

Sec. 9. The State shall not donate or loan money or its credit, subscribe to, 
or be interested in the stock of any company, association, or corporation, except 
corporations formed for educational or charitable purposes. 

Aet. XI, Sec. 1. The legislature shall encourage by all suitable means the 
promotion of intellectual, literary, scientific, mining, mechanical, agricultural, 
and moral improvements, and also provide for the election by the people, at the 
general election, of a superintendent of public instruction, whose term of 
office shall be two years from the first Monday of January, A. D. 1865, and 
until the election and the qualification of his successor, and whose duties shall 
be prescribed by law. 

Sec. 2. The legislature shall provide for a uniform system of common schools, 
by which a school shall be established and maintained in each school district 
at least six months in every year; and any school district neglecting to estab- 
lish and maintain such a school, or which shall allow instructions of a sec- 
tarian character therein^ may be deprived of its proportion of the interest 
of the public-school fund during such neglect or infraction ; and the legislature 
may pass such laws as will tend to secure a general attendance of the children 
in each school district upon said public school. 

Sec. 3. All lands, including the sixteenth and thirty-sixth sections in any 
township donated for the benefit of public schools in the act of the Thirty- 
eighth Congress, to enable the people of Nevada Territory to form a State 
government, the 30,000 acres of public lands granted by an act of Congress, ap- 
proved July 2, A. D. 1862, for each Senator and Representative in Congress, and 
all proceeds of lands that have been or may hereafter be granted or appro- 
priated by the United States to this State, and also the 500,000 acres of land 
granted to the new States under the act of Congress distributing the proceeds 
of the public lands among the several States of the Union, approved A. D. 1841 : 
Provided, That Congress may provision for or authorize such diversion to be 
made for the purpose herein contained; all estates that may escheat to the 
State; all of such per centum as may be granted by Congress on the sale of 
lands; all fines collected under the penal laws of the State; all property 
given or bequeathed to the State for educational purposes, and all pro- 
ceeds derived from any or all of said sources shall be and the same are 
hereby solemnly pledged for educational purposes and shall not be transferred 
to any other fund for other uses; and the interest thereon shall, from time to 
time, be apportioned among the several counties as the legislature may provide 
by law ; and the legislature shall provide for the sale of floating land warrants 
to cover the aforesaid lands, and for the investment of all proceeds derived 
from any of the above-mentioned sources, in United States bonds, or the bonds 
of this State, or the bonds of other States of the Union: Provided, That the 
interest only of the aforesaid proceeds shall be used for educational purposes, 
and any surplus interest shall be added to .the principal sum: And provided 
further, That such portions of said interest as may be necessary may be appro- 
priated for the support of the State university. 

Sec. 4. The legislature shall provide for the establishment of a State uni- 
versity, which shall embrace departments for agriculture, mechanic arts, and 
mining, to be controlled by a board of regents, whose duties shall be prescribed 
by law. 

Sec. 5. The legislature shall have power to establish normal schools, and such 
different grades of schools, from the primary department to the university, as 
in their discretion they may deem necessary, and all professors in said uni- 
versity, or teachers in said schools, of whatever grade, shall be required to take 
and subscribe to the oath as prescribed in Article XV of this constitution. No. 
professor or teacher who fails to comply with the provisions of any law framed 
in accordance with the provisions of this section shall be entitled to receive any 
portion of the public moneys set apart for school purposes. 

Sec. 6. The legislature shall provide a special tax, which shall not exceed 
2 mills on the dollar of all taxable property in the State, in addition to other 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 913 

means provided for tlie support and maintenance of said university and common 
schools. 

Sec. 7. The governor, secretary of state, and superintendent of public instruc- 
tion shall, for the first four years, and until their successors are elected and 
qualified, constitute a board of regents, to control and manage the affairs of 
the university and the funds of the same, under such regulations as may be 
provided by law. But the legislature shall at its regular session next preceding 
the expiration of the term of office of said board of regents, provide for the 
election of a new board of regents, and define their duties. 

Sec. 8. The board of regents shall, from the interest accruing from the first 
funds which come under their control, immediately organize and maintain the 
said mining department in such manner as to make it most effective and use- 
ful: Provided, That all the proceeds of the public lands donated by act of 
Congress approved July 2, A. D. 1862, for a college for the benefit of agri- 
culture, the mechanic arts, and including military tactics, shall be invested by 
the said board of regents in a separate fund, to be appropriated exclusively for 
the benefit of the first-named departments to the university, as set forth in 
section 4 above; and the legislature shall provide that if, through neglect or 
any other contingency, any portion of the fund so set apart shall be lost or mis- 
appropriated, the State of Nevada shall replace said amount so lost or mis- 
appropriated in said fund, so that the principal of said fund shall remain 
forever undiminished. 

Sec. 9. Xo sectarian instruction shall be imparted or tolerated in any school 
or university that may be established under this constitution. 

Sec. 10. No public funds of any kind or character whatever, State, county, 
or municipal, shall be used for sectarian purposes. 

Abt. XII, Sec 1. Institutions for the benefit of the insane, blind, and deaf 
and dumb, and such other benevolent institutions as the public good may re- 
quire, shall be fostered and supported by the State, subject to such regulations 
as may be prescribed by law. 

NEW HAMPSHIRE. 

Pabt I, Abt. 6. * * * the several towns, parishes, bodies corporate, or 
religious societies shall at all times have the exclusive right of electing their 
own public teachers, and of contracting with them for their support and 
maintenance. * * * 

Paet II, Art. 82. Knowledge and learning generally diffused through a com- 
munity being essential to the preservation of a free government, and spread- 
ing the opportunities and advantages of education through the various parts 
of the country being highly conducive to promote this end, it shall be the duty 
of the legislators and magistrates, in all future periods of this government, to 
cherish the interest of literature and the sciences, and all seminaries and public 
schools; to encourage private and public institutions, rewards, and immunities 
for the promotion of agriculture, arts, sciences, commerce, trades, manufac- 
tures, and natural history, of the country; to countenance and inculcate the 
principles of humanity and general benevolence, public and private charity, 
industry' and economy, honesty and punctuality, sincerity, sobriety, and all 
social affections and generous sentiments, among the people : Provided, never- 
theless, That no money raised by taxation shall ever be granted or applied for the 
use of the schools or institutions of any religious sect or denomination. * * * 



NEW JERSEY. 



Art. IV, Sec. VII (6). The fund for the support of free schools, and all 
money, stock, and other property which may hereafter be appropriated for 
that purpose, or received into the treasury under the provision of any law 
heretofore passed to augment the said fund, shall be securely invested ana 
remain a perpetual fund; and the income thereof, except so much as it may 
be judged expedient to apply to an increase of the capital, shall be annually 
appropriated to the support of public free schools, for the equal benefit of all 
the people of the State; and it shall not be competent for the legislature to 
borrow, appropriate, or use the said fund, or any part thereof, for any other 
purpose, under any pretense whatever. The legislature shall provide for the 

3966°— 15 58 



914 STATE LAWS RELATING TO PUBLIC EDUCATION. 

maintenance and support of a thorougli and efficient system of free public 
schools for the instruction of all the children in this State between the ages of 
5 and 18 years. 

Sec. VII (11). The legislature shall not pass private, local, or special laws in 
any of the following enumerated cases ; that is to say : * * * Providing for 
the management and support of free public schools. * * * 



NEW MEXICO. 



Aet. IV, Sec. i. * * * The people reserve the power to disapprove, suspend, 
and annul any law enacted by the legislature, except general appropriation 
laws * * * for the maintenance of the public schools or State institutions, 
and local or special laws. * * * 

Sec. 24. The legislature shall not pass local or special laws in any of the fol- 
lowing cases : * * * fi^Q management of public schools ; * * * 

Sec 31. No appropriation shall be made for charitable, educational, or other 
benevolent purposes to any person, corporation, association, institution, or com- 
munity, not under the absolute control of the State, but the legislature may, 
In its discretion, make appropriations for the charitable institutions and 
hospitals. * * * 

Art. V, Sec. 1. The executive department shall consist of a governor, * * * 
superintendent of public instruction * * * who shall be elected for a term 
of two years beginning on the 1st day of January next after their election. 
Such officers shall, after having served two consecutive terms, be ineligible to 
hold any State office for two years thereafter. The officers of the executive 
department, except the lieutenant governor, shall during their terms of office 
reside and keep the public records, books, papers, and seals of office at the 
seat of government. 

Sec 3. No person shall be eligible to any office specified in section 1 hereof, 
unless he be a citizen of the United States, at least 30 years of age, nor unless 
he shall have resided continuously in New Mexico for five years next preceding 
his election ; * * * j^q^ to the office of superintendent of public instruction 
unless he be a trained and experienced educator. 

Sec 12. The annual compensation to be paid to the officers mentioned in sec- 
tion 1 of this article shall be as follows: * * * superintendent of public 
instruction, $3,000, * * * 

Art. VII, Sec i. * * * ^n school elections shall be held at different times 
from other elections. Women possessing the qualifications prescribed in this 
section for male electors shall be qualified electors at all such school elections : 
Provided, That if a majority of the qualified voters of any school cistrict shall, 
not less than 30 days before any school election, present a petition to the 
board of county commissioners against woman suffrage in such district, the 
provisions of this section relating to woman suffrage shall be suspended therein, 
and such provision shall become again operative only upon the filing with said 
board of a petition signed by a majority of the qualified voters favoring the 
restoration thereof. The board of county commissioners shall certify the sus- 
pension or restoration of such suffrage to the proper school district. * * * 

Sec 2. * * * women possessing the qualifications of male electors pre- 
scribed in paragraph 1 of this article shall be qualified to hold the office of 
county school superintendent, and shall also be eligible for election to the 
office of school director or members of a board of education. 

Sec 4. No person shall be deemed to have acquired or lost residence by reason 
of his presence or absence while employed in the service of the United States 
or of the State, nor while a student at any school. 

Art. VIII, Sec 2. Taxes levied upon real or personal property for State 
revenue shall not exceed 4 mills annually on each dollar of the assessed valua- 
tion thereof except for the support of the educational, penal, and charitable 
institutions of the State, payment of the State debt and interest thereon; and 
the total annual tax levy upon such property for all State purposes exclusive of 
necessary levies for the State debt shall not exceed 10 mills. 

Sec 3. The property of the United States, the State and all counties, towns, 
cities, and school districts, and other municipal corporations, public libraries, 
community ditches and all laterals thereof, all church property, all property 
used for educational or charitable purposes, all cemeteries not used or held 
for private or corporate profit, and all bonds of the State of New Mexico, and 



COlfTSTITUTIOKAL PROVISIONS AS TO EDUCATION. 915 

of tlie counties, municipalities, and districts thereof shall be exempt from tax- 
ation. 

Sec. 7. No execution shall issue upon any judgment rendered against the 
board of county commissioners of any county, or against any incorporated city, 
town, or village, school district, or board of education ; or against any officer of 
any county, incorporated city, town, or village, school district, or board of educa- 
tion, upon any judgment recovered against him in his official capacity and for 
which the county, incorporated city, town, or village, school district, or board of 
education, is liable, but the same shall be paid out of the proceeds of a tax levy 
as other liabilities of counties, incorporated cities, towns, or villages, school dis- 
tricts, or boards of education, and when so collected shall be paid by the county 
treasurer to the judgment creditor. 

Aet. IX, Sec. 11. No school district shall borrow money, except for the pur- 
pose of erecting and furnishing school buildings or purchasing school grounds, 
and in such cases only when the proposition to create the debt shall have been 
submitted to the qualified electors of the district, and approved by a majority 
of those voting thereon. No school district shall ever become indebted in an 
amount exceeding 6 per centum on the assessed valuation of the taxable prop- 
erty within such school district, as shown by the preceding general assessment. 

Sec. 14. Neither the State, nor any county, school district, or municipality, 
except as otherwise provided in this constitution, shall directly or indirectly 
lend or pledge its credit, or make any donation to or in aid of any person, 
association or public or private corporation, or in aid of any private enter- 
prise for the construction of any railroad ; * * * 

Aet. XII, Sec. 1. A uniform system of free public schools sufficient for the 
education of, and open to, all the children of school age in the State shall be es- 
tablished and maintained. 

Sec. 2. The permanent school fund of the State shall consist of the proceeds 
of sales of sections 2, 16, 32, and 36 in each township of the State, or the lands 
selected in lieu thereof; the proceeds of sales of all lands that have been or 
may hereafter be granted to the State not otherwise appropriated by the terms 
and conditions of the grant ; such portion of the proceeds of sales of lands of 
the United States within the State as has been or may be granted by Congress ; 
also all other grants, gifts, and devises made to the State, the purpose of which 
is not otherwise specified. 

Sec. 3. The schools, colleges, universities, and other educational institutions 
provided for by this constitution shall forever remain under the exclusive 
control of the State, and no part of the proceeds arising from the sale or dis- 
posal of any lands granted to the State by Congress, or any other funds appro- 
priated, levied, or collected for educational purposes, shall be used for the sup- 
port of any sectarian, denominational, or private school, college, or university. 

Sec 4. All fines and forfeitures collected under general laws; the net pro- 
ceeds of property that may come to the State by escheat; the rentals of all 
school lands and other lands granted to the State, the disposition of which is 
not otherwise provided for by the terms of the grant or by act of Congress ; and 
the income derived from the permanent school fund, shall constitute the cur- 
rent school fund of the State. The legislature shall provide for the levy and 
collection of an annual tax upon all the taxable property in the State for the 
maintenance of the public schools, the proceeds of such tax levy to be added to 
the current school funds above provided for. The current school fund shall be 
distributed among the school districts of the State in the proportion that the 
number of children of school age in each district bears to the total number of 
such children in the State, and shall provide for the levy and collection of addi- 
tional local taxes for school purposes. A public school shall be maintained 
for at least five months in each year in every school district in the State. 

Before making the distribution above provided for, there shall be taken from 
the current school fund as above created, a sufficient reserve to be distributed 
among school districts in which the proceeds of the annual local tax, when 
levied to the limit allowed by law, plus the regular quota of current school 
funds allotted to said district, shall not be sufficient for the maintaining of 
a school for the full period of five months, and this reserve fund shall be so dis- 
tributed among such districts as to enable each district to hold school for the 
said period. 

Sec 5. Every child of school age and of sufficient physical and mental ability 
shall be required to attend a public or other school during such period and for 
such time as may be prescribed by law. 



916 STATE LAWS KELATIITG TO PUBLIC EDUCATION. 

Sec. 6. A State board of education is hereby created, to consist of seven 
members. It shall have the control, management, and direction of all public 
schools under such regulations as may be provided by law. The governor and 
the State superintendent of pub'ic instruction shall be ex officio members of 
said board and the remaining five members shall be appointed by the governor, 
by and with the consent of the senate; and shall inc.ude the head of some 
State educational institution, a county superintendent of schools, and one other 
person actually connected with educational worli. The legislature may pro- 
vide for district or other school officers, subordinate to said board. 

Sec. 7. The principal of the permanent school fund shall be invested in the 
bonds of the State or Territory of New Mexico, or of any county, city, town, 
board of education, or school district therein. The legislature may by three- 
fourths vote of the members elected to each house provide that said funds may 
be invested in other interest-bearing securities. All bonds or other securities 
in which any portion of the school fund shall be invested must be first approved 
by the governor, attorney general, and secretary of state. All losses from such 
funds, however occurring, shall be reimbursed by the State. 

Sec. 8. The legislature shall provide for the training of teachers in the nor- 
mal schools or otherwise so that they may become proficient in both the Eng- 
glish and Spanish languages, to qualify them to teach Spanish-speaking pupils 
and students in the public schools and educational institutions of the State; 
and shall provide proper means and methods to facilitate the teaching of the 
English language and other branches of learning to such pupils and students. 

Sec. 9. No religious test shall ever be required as a condition of admission 
into the public schools or any educational institution of this State, either as 
a teacher or student, and no teacher or student of such school or institution 
shall ever be required to attend or participate in any religious service whatso- 
ever. 

Sec. 10. Children of Spanish descent in the State of New Mexico shall never 
be denied the right and privilege of admission and attendance in the public 
schools or other public educational institutions of the State, and they shall 
never be classed in separate schools, but shall forever enjoy perfect equality 
with other children in all public schools and educational institutions of the 
State, and the legislature shall provide penalties for the violation of this sec- 
tion. This section shall never be amended except upon a vote of the people of 
this State, in an election at which at least three-fourths of the electors voting 
in the whole State and at least two-thirds of those voting in each county in the 
State shall vote for such amendment. 

Sec. 11. The University of New Mexico at Albuquerque, the New Mexico 
College of Agriculture and Mechanic Arts near Las Cruces, the New Mexico 
School of Mines at Socorro, the New Mexico Military Institute at RosweU, the 
New Mexico Normal University at Las Vegas, the New Mexico Normal School 
at Silver City, the Spanish-American School at El Rito, the New Mexico Asy- 
lum for the Deaf and Dumb at Santa Fe, and the New Mexico Institute for the 
Blind at Alamogordo, are hereby confirmed as State educational institutions. 
The appropriations made and that may hereafter be made to the State by the 
United States for agriculture and mechanical colleges and experiment stations 
in connection therewith, shall be paid to the New Mexico College of Agriculture 
and Mechanic Arts. 

Sec. 12. All lands granted under the provisions of the act of Congress, 
entitled, "An act to enable the people of New Mexico to form a constitution and 
State government and be admitted into the Union on an equal footing with the 
original States; and to enable the people of Arizona to form a constitution and 
State government and be admitted into the Union on an equal footing with the 
original States," for the purposes of said several institutions are hereby accepted 
and confirmed to said institutions, and shall be exclusively used for the pur- 
poses for which they were granted: Provided, That 170.000 acres of the land 
granted by said act for normal-school purposes are hereby equally apportioned 
between said three normal institutions, and the remaining 30,000 acres thereof 
is reserved for a normal school which shall be established by the legislature and 
located in one of the counties of Union, Quay, Curry, Roosevelt, Chaves, or 
Eddy. 

Sec. 13. The legislature shall provide for the control and management of 
each of said institutions by a board of regents, for each institution, consisting 
of five members to be appointed by the governor, by and with the advice and 
consent of the senate, for a term of four years, and not more than three of 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 9l7 

Whom shall belong to the same political party at the time of their -appointmeut. 
The duties of said boards shall be prescribed by law. 

Abt. XIII, Sec. i. * * * That such of school sections 2, 32, 16, and 36 
as are not contiguous to other State lands shall not be sold within the period 
of 10 years next after the admission of New Mexico as a State for less than $10 
per acre. " 

Art. XIV, Sec. 1. The penitentiary at Santa Fe, the Miners' Hospital of 
New Mexico at Raton, the New Mexico Insane Asylum at Las Vegas, and the 
New Mexico Reform School at Springer, are hereby confirmed as State in- 
stitutions. 

Sec. 2. All lands which have been or which may be granted to the State by 
Congress for the purpose of said several institutions are hereby accepted for 
said several institutions with all other grants, donations, or devises for the 
benefit of the same, and shall be exclusively used for the purpose for which 
they were or may be granted, donated, or devised. 

Sec. 3. Each of said institutions shall be under the control and management 
of a board whose title, duties, and powers shall be as may be provided by law. 
Each of said boards shall be composed of five members who shall hold oflBce 
for the term of four years, and shall be appointed by the governor by and with 
the consent of the senate, and not more than three of whom shall belong to 
the same political party at the time of their appointment. 

Aet. XV, Sec 1. There shall be a department of agriculture which shall be 
under the control of the board of regents of the College of Agriculture and 
Mechanic Arts; and the legislature shall provide lands and funds necessary 
for experimental farming and demonstrating by said departments. 

Art. XX, Sec. 10. The legislature shall enact suitable laws for the regulation 
of the employment of children. 

Sec 15. The penitentiary is a reformatory and an industrial school, and all 
persons confined therein shall, so far as consistent with discipline and the 
public interest, be employed in some beneficial industry ; * * *^ 

Sec 17. There shall be a uniform system of textbooks for the public schools 
which shall not be changed more than once in six years. 

Art. XXI, Sec. 4. Provision shall be made for the establishment and mainte- 
nance of a system of public schools which shall be open to all the children of 
the State and free from sectarian control, and said schools shall always be 
conducted in English. 

NEW YORK. 

Art. II, Sec 3. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence, by reason of his presence or absence, while * * * 
a student of any seminary of learning. * * * 

Art. VII, Sec 4. Except the debts specified in sections 2 and 3 of this article, 
no debts shall be hereafter contracted by or in behalf of this State, unless such 
debt shall be authorized by a law, for some single work or object, to be dis- 
tinctly specified therein ; and such law shall impose and provide for the collec- 
tion of a direct annual tax to pay, and sufficient to pay, the interest on such 
debt as it falls due, and also to pay and discharge the principal of such debt 
within 50 years from the time of the contracting thereof. No such law shall 
take effect until it shall, at a general election have been submitted to the people, 
and have received a majority of all the votes cast for and against it at such 
election. * * * 

Sec 5. The sinking funds provided for the payment of interest and the 
extinguishment of the principal of the debts of the State shall be separately 
kept and safely invested, and neither of them shall be appropriated or used in 
any manner other than for the specific purpose for which it shall have been 
provided. 

Art. VIII, Sec 9. Neither the credit nor the money of the State shall be 
given or loaned to or in aid of any association, corporation, or private under- 
taking. This section shall not, however, prevent the legislature from making 
such provision for the education and support of the blind, the deaf and dumb, 
and juvenile delinquents, as to it may seem proper. Nor shall it apply to any 
fund or property now held, or which may hereafter be held, by the State for 
educational purposes. 




918 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Sec. 10. * * * No county or city shall be allowed to become indebted for 
any purpose or in any manner to an amount which, including existing in- 
debtedness, shall exceed 10 per centum of the assessed valuation of the real 
estate of such county or city subject to taxation, as it appeared by the assess- 
ment rolls of said county or city on the last assessment for State or county 
taxes prior to the incurring of such indebtedness * * *, xhe amount here- 
after to be raised by tax for county or city purposes, in any county containing 
a city of over 100,000 inhabitants, or any such city of this State, in addition to 
providing for the principal and interest of existing debt, shall not in the aggre- 
gate exceed in any one year 2 per centum of the assessed valuation of the real 
and personal estate of such county or city, to be ascertained as prescribed in 
this section in respect to county or city debt. 

Sec. 11. The legislature shall provide for a State board of charities, which 
shall visit and inspect all institutions, whether State, county, municipal, incor- 
porated, or not incorporated, which are of a charitable, eleemosynary, correc- 
tional, or reformatory character, excepting only such institutions as are 
hereby made subject to the visitation of either of the commissions hereinafter 
mentioned, but including all reformatories except those in which adult males 
convicted of felony shall be confined. * * * 

Sec 14. Nothing in this constitution contained shall prevent the legislature 
from making such provision and support of the blind, the deaf and dumb, and 
juvenile delinquents, as to it may seem proper; or prevent any county, city, 
town, or village from providing for the care, support, maintenance, and secular 
education of inmates of orphan asylums, homes for dependent children, or cor- 
rectional institutions, whether under public or private control. Payments by 
counties, cities, towns, and villages to charitable, eleemosynary, correctional, and 
reformatory institutions, wholly or partly under private control, for care, sup- 
port, and maintenance, may be authorized, but shall not be required by the legis- 
lature. No such payments shall be made for any inmate of such institutions 
who is not received and retained therein pursuant to rules established by the 
State board of charities. Such rules shall be subject to the control of the legis- 
lature by general laws. 

Art. IX, Sec. 1. The legislature shall provide for the maintenance and sup- 
port of a system of free common schools, wherein all the children of this State 
may be educated. 

Sec. 2. The corporation created in the year 1784, under the name of the 
regents of the University of the State of New York, is hereby continued under 
the name of the University of the State of New York. It shall be governed, and 
its corporate powers, which may be increased, modified, or diminished by the 
legislature, shall be exercised by not less than nine regents. 

Sec 3. The capital of the common-school fund, the capital of the literature 
fund, and the capital of the United States deposit fund shall be respectively 
preserved inviolate. The revenue of the said common-school fund shall be 
applied to the support of the common schools; the revenue of the literature 
fund shall be applied to the support of academies; and the sum of $25,000 of 
the revenues of the United States deposit fund shall each year be appropriated 
to and made part of the capital of the said common-school fund. 

Sec 4. Neither the State nor any subdivision thereof shall use its property or 
credit or any public money, or authorize or permit either to be used, directly or 
indirectly, in aid or maintenance, other than for examination or inspection, of 
any school or institution of learning wholly or in part under the control or direc- 
tion of any religious denomination or in which any denominational tenet or 
doctrine is taught. 

NORTH CAROLINA. 

Art. I, Sec. 27. The people have the right to the privilege of education, and It 
is the duty of the State to guard and maintain that right. 

Art. Ill, Sec 1. The executive department shall consist of a governor, * * * 
a superintendent of public instruction, and an attorney general, who shall be 
elected for a term of four years by the qualified electors of the State, at the 
same time and places and in the same manner as members of the general 
assembly are elected. Their term of office shall commence on the 1st day of 
January next after their election, and continue until their successors are elected 
and qualified. * * * ,.^ ^ 

Sec 13. The respective duties of the secretary of state, auditor, treasurer, 
superintendent of public Instruction, and attorney general shall be prescribed by 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 919 

law. If the office of any of said officers shall be vacated by death, resignation, 
or otherwise, it shall be the duty of the governor to appoint another until the 
disability be removed or his successor be elected and qualified. Every such 
vacancy shall be filled by election at the first general election that occurs more 
than 30 dziys after the vacancy has taken place, and the person chosen shall 
hold the office for the remainder of the unexpired term fixed in the first section 
of this article. 

Sec. 14. The secretary of state, auditor, treasurer, and superintendent of pub- 
lic instruction shall constitute, ex officio, the council of State, who shall advise 
the governor in the execution of his office. * * * 

Art. V, Sec. 2. The proceeds of the State and county capitation tax shall be 
applied to the purposes of education and the support of the poor, but in no one 
year shall more than 25 per cent thereof be appropriated to the latter purpose. 

Sec. 5. Property belonging to the State or to municipal corporations shall be 
exempt from taxation. The general assembly may exempt cemeteries and prop- 
erty held for educational, scientific, literary, charitable, or religious pur- 
poses. * * * 

Sec. 6. The taxes levied by the commissioners of the several counties for 
county purposes shall be levied in like manner with the State taxes and shall 
never exceed the double of the State tax, except for a special purpose, and with 
the special approval of the general assembly. 

Art. VII, Sec 5. * * * In every township there shall also be biennially 
elected a school committee, consisting of three persons, whose duties shall be pre- 
scribed by Ir.w. 

Art. IX, Sec. 1. Religion, morality, and knowledge being necessary to good 
government and the happiness of mankind, schools and the means of education 
shall forever be encouraged. 

Sec 2. The general assembly, at its first session under this constitution, shall 
provide by taxation and otherwise for a general and uniform system of pub- 
lic schools, wherein tuition shall be free of charge to all the children of the 
State between the ages of 6 and 21 years. And the children of the white race 
;!nd the children of the colored race shall be taught in separate public schools; 
but there shall be no discrimination in favor of or to the prejudice of either 
race. 

Sec. 3. Each county of the State shall be divided into a convenient number 
of districts, in which one or more public schools shall be maintained at least 
four months in every year; and if the commissioners of any county shall fail 
to comply with the aforesaid requirements of this section they shall be liable to 
indictment. 

Sec 4. The proceeds of all lands that have been or hereafter may be granted 
by the United States to this State and not otherwise appropriated by this State 
or the United States, also all moneys, stocks, bonds, and other property now 
belonging to any State fund for purposes of education, also the net proceeds 
of all sales of the swamp lands belonging to the State, and all other grants, 
gifts, or devises that have been or hereafter may be made to the State and 
not otherwise appropriated by the State or by the terms of the grant, gift, or 
devise, shall be paid into the State treasury, and, together with so much of the 
ordinary revenue of the State as may be by law set apart for that purpose, shall 
be faithfully appropriated for establishing and maintaining in this State a sys- 
tem of free public schools and for no other uses or purposes whatsoever. 

Sec 5. All moneys, stocks, bonds, and other property belonging to a county 
school fund, also the net proceeds from the sale of estrays, also the clear pro- 
ceeds of all penalties and forfeitures and of all fines collected in the several 
counties for any breach of the penal or military laws of the State, and all 
moneys which shall be paid by persons as an equivalent for exemption from 
military duty, shall belong to and remain in the several counties, and shall be 
faithfully appropriated for establishing and maintaining free public schools in 
the several counties in this State : Provided, That the amount collected in each 
county shall be annually reported to the superintendent of public instruction. 

Sec 6. The general assembly shall have power to provide for the election of 
trustees of the University of North Carolina, in whom, when chosen, shall be 
vested all the privileges, rights, franchises, and endowments thereof in any 
wise granted to or conferred upon the trustees of said university ; and the gen- 
eral assembly may make such provisions, laws, and regulations from time to 
time as may be necessary and expedient for the maintenance and management 
of said university. 



920 STATE LAWS EELATIITG TO PUBLIC EDUCATIOIT. 

Sec. 7. The general assembly shall provide that the benefits of the university, 
as far as practicable, be extended to the youth of the State free of expense for 
tuition; also that all the property which has heretofore accrued to the State 
or shall hereafter accrue from escheats, unclaimed dividends, or distributive 
shares of the estates of deceased persons, shall be appropriated to the use of 
the university. 

Sec. 8. The governor, lieutenant governor, secretary of state, treasurer, audi- 
tor, superintendent of public instruction, and attorney general shall constitute 
a State board of education. 

Sec. 9. The governor shall be president and the superintendent of public In- 
struction shall be secretary of the board of education. 

Sec. 10. The board of education shall succeed to all the powers and trusts of 
the president and directors of the literary fund of North Carolina, and shall 
have full power to legislate and make all needful rules and regulations in rela- 
tion to free public schools and the educational fund of the State ; but all acts, 
rules, and regulations of said board may be altered, amended, or repealed by 
the general assembly, and when so altered, amended, or repealed they shall not 
be reenacted by the board. 

Sec. 11. The first session of the board of education shall be held at the capi- 
tal of the State within 15 days after the organization of the State government 
under this constitution ; the time of future meetings may be determined by the 
board. 

Sec. 12. A majority of the board shall constitute a quorum for the transac- 
tion of business. 

Sec. 13. The contingent expenses of the board shall be provided by the general 
assembly. 

Sec. 14. As soon as practicable after the adoption of this constitution the gen- 
eral assembly shall establish and maintain in connection with the university a 
department of agriculture, of mechanics, of mining, and of normal instruction. 

Sec. 15. The general assembly is hereby empowered to enact that every child 
of suflQcient mental and physical ability shall attend the public schools during 
the period between the ages of 6 and 18 years for a term of not less than 16 
months, unless educated by other means. 

Art, XI, Sec. 8. There shall also, as soon as practicable, be measures devised 
by the State for the establishment of one or more orphan houses, where desti- 
tute orphans may be cared for, educated, and taught some business or trade. 



NORTH DAKOTA. 

Aet. II. Sec. 62. The general appropriation bill shall embrace nothing but 
appropriations for the expenses of the executive, legislative, and judicial de- 
partments of the State, interest on the public debt, and for public schools. All 
other appropriations shall be made by separate bills, each embracing but one 
subject. 

Sec. 69. The legislative assembly shall not pass local or special laws in any 
of the following enumerated cases, that is to say ; * * * 

12. Providing for the management of common schools. * * * 

Art. III. Sec. 82. There shall be chosen by the qualified electors of the State 
at the times and places of choosing meaibers of the legislative assembly, a sec- 
retary of state, auditor, treasurer, superintendent of public instruction * * * 
who shall have attained the age of 25 years, shall be citizens of the United 
States, and shall have the qualifications of State electors. They shall severally 
hold their oflaces at the seat of government, for the term of two years and until 
their successors are elected and duly qualified. * * * 

Sec. 83. The powers and duties of the secretary of state, auditor, treasurer, 
superintendent of public instruction * * * shall be as prescribed by law. 

Sec. 84. Until otherwise provided by law, the * * * superintendent of 
public instruction * * * shall * * * receive an annual salary of $2,000. 

* * 4: 

Art. V. Sec 128. Any woman having the qualifications enumerated in sec- 
tion 121 of this article as to age, residence, and citizenship, and including those 
now qualified by the laws of the Territory, may vote for all school officers, and 
upon all questions pertaining solely to school matters, and be eligible to any 
school office. 



CONSTITUTIONAL PEOVISIOKS AS TO EDUCATION. 921 

Art. VII. Sec. 131. No charter of incorporation shall be granted, changed, or 
amended by special law, except in the case of such municipal, charitable, edu- 
cational, penal, or reformatory corporations as may be under the control of the 
State * * *. 

Abt. YIII. Sec. 147. A high degree of intelligence, patriotism, integrity, and 
morality on the part of every voter in a government by the people being neces- 
sary in order to insure the continuance of that government and the prosperity 
and happiness of the people, the legislative assembly shall make provision for 
the establishment and maintenance of a system of public schools which shall be 
open to all children of the State of North Dakota and free from sectarian con- 
trol. This legislative requirement shall be irrevocable without the consent of 
the United States and the people of North Dakota. 

Sec 148. The legislative assembly shall provide, at its first session after the 
adoption of this constitution, for a uniform system for free public schools 
throughout the State, beginning with the primary and extending through all 
grades up to and including the normal and collegiate course. 

Sec. 149. In all schools instruction shall be given as far as practicable in 
those branches of knowledge that tend to impress upon the mind the vital im- 
portance of truthfulness, temperance, purity, public spirit, and respect for hon- 
est labor of every kind. 

Sec. 150. A superintendent of schools for each county shall be elected every 
two years, whose qualifications, duties, powers, and compensation shall be fixed 
by law. 

Sec 151. The legislative assembly shall take such other steps as may be nec- 
essary to prevent illiteracy, secure a reasonable degree of uniformity in course 
of study, and to promote industrial, scientific, and agricultural improvements. 

Sec 152. All colleges, universities, and other educational institutions, for the 
support of which lands have been granted to this State, or which are supported 
by a public tax, shall remain under the absolute and exclusive control of the 
State. No money raised for the support of the public schools of the State shall 
be appropriated to or used for the support of any sectarian school. 

Abt. IX. Sec 153. All proceeds of the public lands that have heretofore been, 
or may hereafter be granted by the United States for the support of the common 
schools in this State; all such per centum as may be granted by the United 
States on the sale of public lands; the proceeds of property that shall fall to 
the State by escheat; the proceeds of all gifts and donations to the State for 
common schools, or not otherwise appropriated by the terms of the gift, and all 
other property otherwise acquired for common schools, shall be and remain a 
perpetual fund for the maintenance of the common schools of the State. It 
shall be deemed a trust fund, the principal of which shall forever remain in- 
violate and may be increased but never diminished. The State shall make good 
all losses thereof. 

Sec 154. The interest and income of this fund, together with the net proceeds 
of all fines for violation of State laws, and all other sums which may be added 
thereto by law, shall be faithfully used and applied each year for the benefit of 
the common schools of the State, and shall be for this purpose apportioned 
among and between all the several common-school corporations of the State in 
proportion to the number of children in each of school age, as may be fixed by 
law, and no part of the fund shall ever be diverted even temporarily from this 
purpose or used for any other purpose whatever than the maintenance of com- 
mon schools for the equal benefit of all the people of the State : Provided, hoio- 
ever, That if any portion of the interest or income aforesaid be not expended 
during any year, said portion shall be added to and become a part of the school 
fund. 

Sec. 155. After one year from the assembling of the first legislative assembly 
the lands granted to the State from the United States for the support of the 
common schools may be sold upon the following conditions and no other : No 
more than one-fourth of all such lands shall be sold within the first 5 years 
after the same become salable by virtue of this section. No more than one- 
half of the remainder within 10 years after the same become salable as afore- 
said. The residue may be sold at any time after the expiration of said 10 
years. The legislative assembly shall provide for the sale of all school lands 
subject to the provisions of this article. The coal lands of the State shall never 
be sold, but the legislative assembly may by general laws provide for leasing 
the same. The words " coal lands " shall include lands bearing lignite coal. 



922 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Sec. 156. The superintendent of public instruction, governor, attorney gen- 
eral, secretary of state, and State auditor stiall constitute a board of commis- 
sioners, which shall be denominated the Board of University and School Lands, 
and subject to the provisions of this article and any law that may be passed 
by the legislative assembly ; said board shall have control of the appraisement, 
sale, rental, and disposal of all school and university lands, and shall direct 
the investment of the funds arising therefrom in the hands of the State treas- 
urer, under the limitations in section 160 of this article. 

Sec. 157. The county superintendent of common schools, the chairman of the 
county board, and the county auditor shall constitute boards of appraisal, and 
under the authority of the State Board of University and School Lands shall 
appraise all school lands within their respective counties which they may from 
time to time recommend for sale at their actual value under the prescribed 
terms, and shall first select and designate for sale the most valuable lands. 

Sec. 158. No lands shall be sold for less than the appraised value, and in no 
case for less than $10 per acre. The purchaser shall pay one-fifth of the price 
in cash and the remaining four-fifths as follows: One-fifth in 5 years, one- 
fifth on or before the expiration of 10 years, one-fifth on or before the expira- 
tion of 15 years, and one-fifth on or before the expiration of 20 years, with 
interest at the rate of not less than 5 per cent per annum, payable annually in 
advance: Provided, That when payments are made before due they shall be 
made at an interest-paying date, and one year's interest in advance shall be 
paid on all money so paid. All sales shall be held at the county seat of the 
county in which the land to be sold is situated, and shall be at public auction 
and to the highest bidder, after 60 days' advertisement of the same in a news- 
paper of general circulation in the vicinity of the land to be sold, and one at 
the seat of government. Such lands as shall not have been especially sub- 
divided shall be offered in tracts of one-quarter section, and those subdivided 
in the smallest subdivision. All lands designated for sale and not sold within 
two years after appraisal shall be reappraised before they are sold. No grant 
or patent for such lands shall issue until payment is made for the same: Pro- 
vided, That the land contracted to be sold by the State shall be subject to taxa- 
tion from the date of such contract. In case the taxes assessed against any of 
said lands for any year remain unpaid until the first Monday in October of the 
following year, then and thereupon the contract of sale for such lands shall, if 
the Board of University and School Lands so determine, become null and void. 
Any lands under the provision of section 158 of the constitution of the State 
of North Dakota that have heretofore been sold may be paid for, except as to 
interest, as provided herein: Provided fvrther, That any school or institution 
lands that may be required for town-site purposes, schoolhouse sites, church 
sites, cemetery sites, sites for other educational or charitable institutions, pub- 
lic parks, fair grounds, public highways, railroad right of way or for other 
railroad uses and purposes, reservoirs for the storage of water for irrigation, 
drain ditches or irrigation ditches, and lands that may be required for any of 
the purposes over which the right of eminent domain may be exercised under 
the constitution and the laws of the State of North Dakota, may be sold under 
the provisions of this section, and shall be paid for, principal and interest, in 
full, in advance, at the time of sale, or at any time thereafter, and patent issued 
therefor when principal and interest are paid. 

Sec. 159. All land, money, or other property donated, granted, or received 
from the United States or any other source for a university, school of mines, 
reform school, agricultural college, deaf and dumb asylum, normal school, or 
other educational or charitable institution or purpose, and the proceeds of all 
such lands and other property so received from any source, shall be and remain 
perpetual funds, the interest and income of which, together with the rents of 
all such lands as may remain unsold, shall be inviolably appropriated and 
applied to the specific objects of the original grants or gifts. The principal of 
every such fund may be increased, but shall never be diminished, and the 
Interest and income only shall be used. E\^ery such fund shall be deemed a 
trust fund held by the State, and the State shall make good all losses thereof. 

Sec. 160. All lands mentioned in the preceding section shall be appraised and 
sold in the same manner and under the same limitations and subject to all the 
conditions as to price and sale as provided above for the appraisal and sale of 
lands for the benefit of common schools; but a distinct and separate account 
shall be kept by the proper oflicers of each of said funds : Provided, That the 
limitations as to the time in which school land may be sold shall apply only to 
lands granted for the support of common schools. 



OOKSTITXJTIONAL PROVISIONS AS TO EDUCATION. 923 

Sec. 161. The legislative assembly shall have authority to provide by law for 
the leasing of lands granted to the State for educational and charitable pur- 
poses, but no such law shall authorize the leasing of said lands for a longer 
period than five years. Said lands shall only be leased for pasturage and 
meadow purposes and at a public auction after notice as heretofore provided 
in case of sale: Provided, That all of said school lands now under cultivation 
may be leased, at the discretion and under the control of the Board of Uni- 
versity and School Lands, for other than pasturage and meadow purposes until 
sold. All rents shall be paid in advance. 

Sec. 162. The moneys of the permanent school fund and other educational 
funds shall be invested only in bonds of school corporations or of counties, or 
of townships, or of municipalities within the State, bonds issued for the con- 
struction of drains under authority of law within the State, bonds of the 
United States, bonds of the State of North Dakota, bonds of other States pro- 
vided such States have never repudiated any of their indebtedness, or on first 
mortgages on farm lands in this State, not exceeding in amount one-third of 
the actual value of any subdivision on which the same may be loaned, such 
value to be determined by the board of appraisal of school lands. 

Sec. 163. No law shall ever be passed by the legislative assembly granting to 
any person, corporation, or association any privileges by reason of the occupation, 
cultivation, or improvement of any public lands by said person, corporation, or 
association subsequent to the survey thereof by the General Government. No 
claim for the occupation, cultivation, or improvement of any public lands shall 
ever be recognized, nor shall such occupation, cultivation, or improvement of 
any public lands ever be used to diminish, either directly or indirectly, the 
purchase price of said lands. 

Sec. 164. The legislative assembly shall have authority to provide by law 
for the sale or disposal of all public lands that have been heretofore or may 
hereafter be granted by the United States to the State for purposes other than 
set forth and named in sections 153 and 159 of this article. And the legislative 
assembly, in providing for the appraisement, sale, rental, and disposal of the 
same, shall not be subject to the provisions and limitations of this article. 

Sec. 165. The legislative assambly shall pass suitable laws for the safe-keep- 
ing, transfer, and disbursement of the State school funds ; and shall require all 
officers charged with the same or the safe-keeping thereof to give ample bonds 
for all moneys and funds received by them, and if any of said officers shall 
convert to his own use in any manner or form, or shall loan with or without 
interest or shall deposit in his own name, or otherwise than in the name of 
the State of North Dakota, or shall deposit in any banks or with any person or 
persons, or exchange for other funds or property any portion of the school 
funds aforesaid, or purposely allow any portion of the same to remain in his 
own hands uninvested, except in the manner prescribed by law, every such act 
shall constitute an embezzlement of so much of the aforesaid school funds as 
shall be thus taken or loaned, or deposited, or exchanged, or withheld, and shall 
be a felony; and any failure to pay over, produce, or account for the State 
school funds or any part of the same intrusted to any such officer, as by law 
required or demanded, shall be held and be taken to be prima facie evidence of 
such embezzlement. 

Aet. XI, Sec. 176. * * * The legislative assembly shall by a general law 
exempt from taxation property used exclusively for school, religious, fraternal, 
cemetery, or charitable purposes. * * * 

Art. XII, Sec. 183. The debt of any county, township, city, town, school dis- 
trict, or any other political subdivision, shall never exceed 5 per cent upon 
the assessed value of the taxable property therein: Provided, That any in- 
corporated city may, by a two-thirds vote, increase such indebtedness 3 per 
cent on such assessed value beyond said 5 per cent limit. In estimating the 
indebtedness which a city, county, township, school district, or any other 
political subdivision may incur, the entire amount of existing indebtedness, 
whether contracted prior or subsequent to the adoption of this constitution 
shall be included. * * * 

Sec. 184. Any city, county, township, town, school district, or any other poli- 
tical subdivision incurring indebtedness shall at or before the time of so doing 
provide for the collection of an annual tax sufficient to pay the interest and 
also the principal thereof when due, and all laws or ordinances providing for 
the payment of the interest or principal of any debt shall be irrepealable until 
such debt be paid. 



924 STATE LAWS RELATING TO PUBLIC EDITCATION. 

Sec. 185. Neither the State nor any county, city, township, town, school dis- 
trict, or any other political subdivision shall loan or give its credit or make 
donations to or in aid of any individual, association, or corporation, except for 
necessary support of the poor. * « * 

Art. XVII, Sec. 209. The labor of children under 12 years of age shall be 
prohibited in mines, factories, and workshops in this State. 

Art. XIX, Sec. 215. The following public institutions of the State are perma- 
nently located at the places hereinafter named, each to have the lands specifi- 
cally granted to it by the United States, in the act of Congress, approved 
February 22, 1889, to be disposed of and used in such manner as the legislative 
assembly may prescribe, subject to the limitations provided in the article on 
school and public lands contained in this constitution ; * * * 

Second. The State university and the school of mines at the city of Grand 
Forks, in the county of Grand Forks. 

Third. The agricultural college at the city of Fargo, in the county of Cass. 

Fourth. A State normal school at the city of Valley City, in the county of 
Barnes; and the legislative assembly in apportioning the grant of 80,000 acres 
of land for normal schools made in the act of Congress referred to shall grant 
to the said normal school at Valley City as aforementioned 50,000 acres, and 
said lands are hereby appropriated to said institution for that purpose. 

Fifth. The deaf and dumb asylum at the city of Devils Lake, in the county 
of Ramsey. 

Sixth. A State reform school at the city of Mandan, in the county of Morton. 

Seventh. A State normal school at the city of Mayville, in the county of 
Traill; and the legislative assembly in apportioning the grant of lands made by 
Congress in the act aforesaid for State normal schools shall assign 30,000 acres 
to the institution hereby located at Mayville, and said lands are hereby appro- 
priated for said purpose. 

Eighth. A State hospital for the insane and institution for the feeble-minded 
in connection therewith at the city of Jamestown, in the county of Stutsman. 
And the legislative assembly shall appropriate 20,000 acres of the grant of lands 
made by the act of Congress aforesaid for "other educational and charitable 
institutions " to the benefit and for the endowment of said institution. 

Sec. 216. The following named public institutions are hereby permanently 
located as hereinafter provided, each to have so much of the remaining grant of 
170,000 acres of land made by the United States for " other educational and 
charitable institutions " as is allotted by law, namely : * * * 

Second. A blind asylum, or such other institution as the legislative assembly 
may determine, at such place in the county of Pembina as the qualified electors 
of the said county may determine at an election to be held as prescribed by the 
legislative assembly, with a grant of 80,000 acres. 

Third. An industrial school and school for manual training, or such other 
educational or charitable institution as the legislative assembly may provide, 
at the town of Ellendale, in the county of Dickey, with a grant of 40,000 acres. 

Fourth. A school of forestry, or such other institution as the legislative as- 
sembly may determine, at such place in one of the counties of McHenry, Ward, 
Bottineau, or Rolette as the electors of the said counties may determine by an 
election for that purpose, to be held as provided by the legislative assembly. 

Fifth. A scientific school, or such other educational or charitable institution 
as the legislative assembly may prescribe, at the city of Wahpeton, county of 
Richland, with a grant of 40.000 acres. 

Sixth. A State normal school at the city of Minot, In the county of Ward: 
Provided, That no other institution of a character similar to any one of those 
located by this article shall be established or maintained without a revision of 
this constitution. 



OHIO. 



Art. VI, Sec. 1. The principal of all funds arising from the sale or other dis- 
position of lands or other property granted or intrusted to this State for educa- 
tional and religious purposes shall forever be preserved inviolate and undi- 
minished, and the income arising therefrom shall be faithfully applied to the 
specific objects of the original grants or appropriations. 

Sec. 2. The general assembly shall make such provisions, by taxation or other- 
wise, as, with the income arising from the school trust fund, will secure a 
thorough and eflicient system of common schools throughout the State; but no 



COITSTITUTIONAL PROVISIONS AS TO EDUCATION. 925 

religious or other sect or sects shall ever have any exclusive right to or control 
of any part of the school funds of this State. 

Sec. 3. Provision shall be made by law for the organization, administration, 
and control of the public-school system of the State supported by public funds : 
Provided, That each school district embraced wholly or in part within any city 
shall have the power by referendum vote to determine for itself the number of 
members and the organization of the district board of education, and provision 
shall be made by law for the exercise of this power by such school districts. 

Sec. 4. A superintendent of public instruction to replace the State commis- 
sioner of common schools shall be included as one of the officers of the executive 
department to be appointed by the governor, for the term of four years, with 
the powers and duties now exercised by the State commissioner of common 
schools until otherwise provided by law, and with such other powers as may be 
provided by law. 

Art. VII, Sec. 1. Institutions for the benefit of the insane, blind, and deaf and 
dumb shall always be fostered and supported by the State and be subject to 
such regulations as may be prescribed by the general assembly. 

Sec. 2. The directors of the penitentiary shall be appointed or elected in such 
manner as the general assembly may direct; and the trustees of the benevolent 
and other State institutions, now elected by the general assembly, and of such 
other State institutions as may be hereafter created, shall be appointed by the 
governor, by and with the advice and consent of the senate ; and upon all nomi- 
nations made by the governor the question shall be taken by yeas and nays and 
entered upon the journals of the senate. 

Sec. 3. The governor shall have power to fill vacancies that may occur in the 
offices aforesaid until the next session of the general assembly and until a suc- 
cessor to his appointee shall be confirmed and qualified. 

Art. XII, Sec 2. * * * all bonds at present outstanding of the State of 
Ohio or of any city, village, hamlet, county, or township in this State or which 
have been issued in behalf of the public schools in Ohio and the means of in- 
struction in connection therewith, which bonds so at present outstanding shall 
be exempt from taxation; but burying grounds, public schoolhouses * * * 
may, by general laws, be exempted from taxation. * * * 

Art. XVII, Sec 2. * * * The term of office of all elective county, town- 
ship, municipal, and school officers shall be such even number of years, not 
exceeding four years, as may be so prescribed. 



OKLAHOMA. 



Art. I, Sec. 5. Provisions shall be made for the establishment and maintenance 
of a system of public schools, which shall be open to all the children of the 
State and free from sectarian control; and said schools shall always be con- 
ducted in English: Provided, That nothing herein shall preclude the teaching 
of other languages in said public schools: And provided further, That this shall 
not be construed to prevent the establishment and maintenance of separate 
schools for white and colored children. 

Art. II, Sec 5. No public money or property shall ever be appropriated, 
applied, donated, or used, directly or indirectly, for the use, benefit, or sup- 
port of any * * * religious teacher or dignitary, or sectarian institution 
as such. 

Art. V, Sec 46. The legislature shall not, except as otherwise provided in this 
constitution, pass any local or special law * * * regulating the affairs of 
counties, cities, towns, wards, or school districts; * * * creating offices, 
or prescribing the powers and duties of officers, in counties, cities, towns, election 
or school districts ; * * * regulating the management of public schools, the 
building or repairing of schoolhouses, and the raising of money for such pur- 
poses * * *. 

Art. VI, Sec 1. The executive authority of the State shall be vested in a 
governor, * * * superintendent of public instruction, * * * each of 
whom shall keep his office and public records, books, and papers at the seat of 
government, and shall perform such duties as may be designated in this con- 
stitution or prescribed by law. 

Sec 3. No person shall be eligible to the office of * * ♦ superintendent of 
public instruction. * * * except a male citizen of the United States, of the 



926 STATE LAWS RELATING TO PUBLIC EDUCATION. 

age of not less than 30 years, and who shall have been three years next pre- 
ceding his election a qualified elector of this State. * * * 

Sec. 4. The term of office of the * * * superintendent of public instruc- 
tion shall be four years from the second Monday of January next after their 
election. * * * 

Art. X, Sec. 6. All property used for free public libraries, free museums, 
public cemeteries, property used exclusively for schools, colleges, and all prop- 
erty used exclusively for religious and charitable purposes, * * * shall be 
exempt from taxation. * * * 

Sec. 9. Except as herein otherwise provided, the total taxes, on an ad valorem 
basis, for all purposes, State, county, township, city, or town, and school district 
taxes, shall not exceed in any one year 311 mills on the dollar, to be divided as 
follows : 

State levy, not more than 3i mills ; county levy, not more than 8 mills : Pro- 
vided, That any county may levy not exceeding 2 mills additional for county 
high school and aid to the common schools of the county, not over 1 mill of 
which shall be for such high school, and the aid to said common schools shall 
be apportioned as provided by law; township levy, not more than 5 mills; 
city or town levy, not more than 10 mills ; school district levy, not more than 5 
mills on the dollar for school district purposes, for support of common school: 
Provided, That the aforesaid annual rate for school purposes may be increased 
by any school district by an amount not to exceed 10 mills on the dollar valua- 
tion, on condition that a majority of the voters thereof voting at an election 
vote for said increase. 

Sec. 10. For the purpose of erecting public buildings in counties, cities, or 
school districts, the rates of taxation herein limited may be increased, when the 
rate of such increase and the purpose for which it is intended shall have been 
submitted to a vote of the people, and a majority of the qualified voters of 
such county, city, or school district, voting at such election, shall vote therefor : 
Provided, That such increase shall not exceed 5 mills on the dollar of the 
assessed value of the taxable property in such county, city, or school district. 

Sec 32a. All taxes collected for the maintenance of the common schools of 
this State, and which are levied upon the property of any railroad company, 
pipe-line company, telegraph company, or upon the property of any public- 
service corporation which operates in more than one county in this State, 
shall be paid into the common-school fund and distributed as are other common- 
school funds of this State. 

Sec. 26. No county, city, town, township, school district, or other political 
corporation, or subdivision of the State, shall be allowed to become indebted, 
in any manner, for any purpose, to an amount exceeding, in any year, the in- 
come and revenue provided for such year, without the assent of three-fourths of 
the voters thereof, voting at an election, to be held for that purpose, nor in 
cases requiring such assent, shall any indebtedness be allowed to be incurred 
to an amount including existing indebtedness, in the aggregate exceeding 5 
per centum of the valuation of the taxable property therein, to be ascertained 
from the last assessment for State and county purposes previous to the in- 
curring of such indebtedness : Provided, That any county, city, town, township, 
school district, or other political corporation, or subdivision of the State, in- 
curring any indebtedness, requiring the assent of the voters as aforesaid, shall, 
before or at the time of doing so, provide for the collection of an annual tax 
sufficient to pay the interest on such indebtedness as it falls due, and also to 
constitute a sinkijig fund for the payment of the principal thereof within 25 
years from the time of contracting the same. 

Sec. 28. Counties, townships, school districts, cities, and towns shall levy 
sufficient additional revenue to create a sinking fund to be used, first, for the 
payment of interest coupons a s they fall due ; second, for the payment of bonds 
as they fall due; third, for the payments of such parts of judgments as such 
municipality may, by law, be required to pay. 

Sec • 31. The legislature shall have power to levy taxes in the aid of the 
common schools of the State and to provide for the apportionment and distri- 
bution thereof. Whenever the amount realized from 10-mill ad valorem levy 
and all other sources shall be insufficient to maintain the common schools in 
any district five months in any year, the remaining sum necessary to so main- 
tain such schools shall be apportioned and paid out of such State levy. 

Art. XI, Sec 2. All proceeds of the sale of public lands that have heretofore 
been or may be hereafter given by the United States for the use and benefit of 
the common schools of this State, all such per centum as may be granted by the 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 927 

United States on the sales of public lands, the sum of $5,000,000 appropriated 
to the State for the use and benefit of the common schools in lieu of sections 
16 and 36, and other lands of the Indian Territory, the proceeds of all 
property that shall fall to the State by escheat, the proceeds of all gifts 
or donations to the State for common schools not otherwise appropriated by the 
terms of the gifts, and such other appropriations, gifts, or donations as shall 
be made by the legislature for the benefit of the common schools, shall con- 
stitute the permanent school fund, the income from which shall be used for 
the maintenance of the common schools in the State. The principal shall be 
deemed a trust fund held by the State, and shall forever remain inviolate. It 
may be increased, but shall never be diminished. The State shall reimburse 
said permanent school fund for all losses thereof which may in any manner 
occur, and no portion of said fund shall be diverted for any other use or 
purpose. 

Sec. 3. The interest and income of the permanent school fund, the net in- 
come from the leasing of public lands which have been or may be granted 
by the United States to the State for the use and benefit of the common 
schools, together with any revenues derived from taxes authorized to be levied 
for such purposes, and any other sums which may be added thereto by law, 
shall be used ahd applied each year for the benefit of the common schools of 
the State, and shall be, for this purpose, apportioned among and between all the 
several common-school districts of the State in proportion to the school popu- 
lation of the several districts, and no part of the fund shall ever be diverted 
from this purpose, or used for any other purpose than the support and mainte- 
nance of common schools for the equal benefit of all the people of the State. 

Sec. 4. All public lands set apart to the State by Congress for charitable, 
penal, educational, and public-building purposes, and all lands taken in lieu 
thereof, may be sold by the State under such rules and regulations as the 
legislature may prescribe, in conformity with the regulations of the enabling act. 

Sec. 5. Section 13 in every portion of the State which has been granted to 
the State shall be preserved for the use and benefit of the University of Okla- 
homa and the University Preparatory School, one-third; of the normal schools 
now established, or hereafter to be estcblished, one-third; and of the Agri- 
cultural and Mechanical College and Colored Agricultural and Normal Uni- 
versity, one-third. The said lands or the proceeds thereof as above appor- 
tioned to be divided between the institutions as the legislature may prescribe: 
Provided, That the said lands so reserved, or the proceeds of the sale thereof, 
or of any Indemnity lands granted in lieu of section 13 shall be safely kept 
or invested and preserved by the State as a trust, which shall never be dimin- 
ished, but may be added to, and the income thereof, interest, rentals, or other- 
wise, only shall be used exclusively for the benefit of said educational institu- 
tions. Such educational institutions shall remain under the exclusive control 
of the State and no part of the proceeds arising from the sale or disposal of 
any lands granted for educational purposes, or the income or rentals thereof, 
shall be used for the support of any religious or sectarian school, college, or 
university, and no portion of the funds arising from the sale of sections 13 or 
any indemnity lands selected in lieu thereof, either principal or interest, shall 
ever be diverted, either temporarily or permanently, from the purpose for 
which said lands were granted to the State. 

Sec. 6. The permanent common-school and other educational funds shall be 
invested in first mortgages upon good and improved farm lands within the State 
(and in no case shall more than 50 per centum of the reasonable valuation of 
the lands without improvements be loaned on any tract), Oklahoma State 
bonds, county bonds of the counties of Oklahoma, school-district bonds of the 
school districts of Oklahoma, United States bonds; preference to be given to 
the securities in the order named. The legislature shall provide the manner of 
selecting the securities aforesaid, prescribe the rules, regulations, restrictions, 
and conditions upon which the funds aforesaid shall be loaned or invested, 
and do all things necessary for the safety of the funds and permanency of the 
investment. 

Art. XIII, Sec. 1. The legislature shall establish and maintain a system of 
free public schools wherein all the children of the State may be educated. 

Sec. 2. The legislature shall provide for the establishment and support of 
institutions for the care and education of the deaf, dumb, and blind of the 
State. 

Sec 3. Separate schools for white and colored children with like accommo- 
dation shall be provided by the legisalture and impartially maintained. The 



928 STATE LAWS EELATING TO PUBLIC EDUCATION. 

term " colored children," as used in this section, shall be construed to mean 
children of African descent. The term "white children" shall Include all 
other children. 

Sec. 4. The legislature shall provide for the compulsory attendance at some 
public or other school, unless other means of education are provided, of all the 
children in the State who are sound in mind and body, between the ages of 8 
and 16 years, for at least three months in each year. 

Sec 5. The supen^ision of instruction in the public schools shall be vested 
in a board of education, whose powers and duties shall be prescribed by law. 
The superintendent of public instruction shall be president of the board. 
Until otherwise provided by law, the governor, secretary of state, and attorney 
general shall be ex officio members, and with the superintendent compose said 
board of education. 

Sec. 6. The legislature shall provide for a uniform system of textbooks for 
the common schools of the State. 

Sec. 7. The legislature shall provide for the teaching of the elements of agri- 
culture, horticulture, stock feeding, and domestic science in the common schools 
of the State. 

Art. XXI, Sec. 1. Educational, reformatory, and penal institutions, and those 
for the benefit of the insane, blind, deaf, and mute, and such other institutions 
as the public good may require, shall be established and supported by the State 
in such manner as may be prescribed by law. 

Abt. XXIII, Sec. 3. The employment of children under the age of 15 years 
in any occupation injurious to health or morals or especially hazardous to life 
or limb is hereby prohibited. 

Sec 4. Boys under the age of 16 years and women and girls shall not be 
employed underground in the operation of mines; and, except in cases of emer- 
gency, eight hours shall constitute a day's work underground in all mines of 
the State. 



OREGON. 



Abt. I, Sec. 5. No money shall be drawn from the treasury for the benefit of 
any religious or theological institution, r.or shall any money be appropriated for 
the payment of any religious service, in either house of the legislative assembly. 

Abt. II, Sec 4. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while * * * 
a student of any seminary of learning. * * * 

Aet. IV, Sec 23. The legislative assembly shall not pass special or local laws 
in any of the following enumerated cases ; that is to say — * * * 

Providing for supporting common schools, and for the preservation of school 
funds. * * * 

Aet. VIII, Sec 1. The governor shall be superintendent of public instruction, 
and his powers and duties in that capacity shall be such as may be prescribed 
by law ; but after the term of five years from the adoption of this constitution 
it shaU be competent for the legislative assembly to provide by law for the 
election of a superintendent, to provide for his compensation, and prescribe his 
powers and duties. 

Sec 2. The proceeds of all the lands which have been, or hereafter may be, 
granted to this State for educational purposes (excepting the lands heretofore 
granted to aid in the establishment of a university), all the moneys and clear 
proceeds of all property which may accrue to the State by escheat or forfeiture ; 
all moneys which may b^ paid as exemption from military duty; the proceeds 
of all gifts, devices, and ]->equests made by any person to the State for common- 
school purposes; the proceeds of all property granted to the State, when the 
purposes of such grant shall not be stated ; all the proceeds of the 500,000 acres 
of land to which the State is entitled by the provisions of an act of Congress, 
entitled "An act to appropriate the proceeds of the sales of the public lands, 
and to grant preemption rights," approved the 4th of September, 1S41 ; and also 
the 5 per centum of the net proceeds of the sales of the public lands to which 
this State shall become entitled on her admission into the Union (if Congress 
shall assent to such appropriation of the two grants last mentioned) shall be set 
apart as a separate and irreducible fund, to be called the common-school fund, 
the interest of which, together with all other revenues derived from the school 
lands mentioned in this section, shall be exclusively applied to the support and 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 929 

maintenance of common schools in each school district, and purchase of suitable 
libraries and apparatus therefor. 

Sec. 3. The legislative assembly shall provide by law for the establishment of 
a uniform and regular system of common schools. 

Sec. 4. Provision shall be made by law for the distribution of the income of 
the common-school fund among the several counties of the State, in proportion 
to the number of children resident therein between the ages of 4 and 20 years. 

Sec. 5. The governor, secretary of state, and State treasurer shall constitute 
a board of commissioners for the sale of school and university lands, and for 
the investment of the funds arising therefrom, and their powers and duties shall 
be such as may be prescribed by law : Provided, That no part of the university 
funds, or of the interest arising therefrom, shall be expended until the period of 
10 years from the adoption of this constitution, unless the same shall be other- 
wise disposed of, by the consent of Congress, for common-school purposes. 

Art. IX, Sec. 1. The legislative assembly shall provide by law for a uniform 
and equal rate of assessment and taxation, and shall prescribe such regulations 
as shall secure a just valuation for taxation of all property, both real and per- 
sonal, excepting such only for municipal, educational, literary, scientific, relig- 
ious, or charitable purposes as may be specially exempted by law. 



PENNSYLVANIA. 

Abt. Ill, Sec. 7. The general assembly shall not pass any local or special 
law : * * * Regulating the affairs of counties, cities, townships, wards, 
boroughs, or school districts : * * * Erecting new townships or boroughs, 
changing township lines, borough limits, or school districts ; * * * Regu- 
lating the management of public schools, the building or repairing of school- 
houses, and the raising of money for such purposes ; * * * 

Sec 15. The general appropriation bill shall embrace nothing but appropria- 
tions for the ordinary expenses of the executive, legislative, and judicial depart- 
ments of the Commonwealth, interest on the public debt, and for public schools ; 
* * *^ 

Sec. 17. No appropriation shall be made to any charitable or educational in- 
stitution not under the absolute control of the Commonwealth, other than normal 
schools established by law for the professional training of teachers for the 
public schools of the State, except by a vote of two-thirds of all the members 
elected to each house. 

Aet. IT, Sec 1. The executive department of this Commonwealth shall con- 
sist of a governor, * * * ^j^^ ^ superintendent of public instruction. 

Sec 8. He [the governor] shall nominate and, by and with the advice and 
consent of two-thirds of all the members of the senate, appoint a secretary of 
the Commonwealth and an attorney general during pleasure, a superintendent of 
public instruction for four years, * * *. 

Sec 20. The superintendent of public instruction shall exercise all the powers 
and perform all the duties of the superintendent of common schools, subject to 
such changes as shall be made by law. 

Art. VIII, Sec 13. For the purpose of voting no person shall be deemed to 
have gained a residence by reason of his presence, or lost it by reason of his 
absence, while * * * a student of any institution of learning, * * *^ 

Art. IX, Sec i. * * * the general fissembly may, by general laws, exempt 
from taxation public property used for public purposes, * * *^ 

Sec 8. The debt of any county, city, borough, township, school district, or 
other municipality or incorporated district, except as herein provided, shall 
never exceed 7 per centum upon the assessed value of the taxable property 
therein, nor shall any such municipality or district incur any new debt, or in- 
crease its indebtedness to an amount exceeding 2 per centum upon such assessed 
valuation of property, without the assent of the electors thereof at a public 
election in such manner as shall be provided by law ; but any city, the debt of 
which now exceeds 7 per centum of such assessed valuation, may be authorized 
by law to increase the same 3 per centum, in the aggregate, at any one time 
upon such valuation * * * 

Sec 10. Any county, township, school district, or other municipality In- 
curring any indebtedness shall, at or before the time of so doing, provide for 
the collection of an annual tax sufficient to pay the interest and also the prin- 
cipal thereof within 30 years, 

-15 59 



930 STATE LAWS EELATfNG TO PUBLIC EDUCATION. 

Abt. X. The general assembly shall provide for the maintenance and support 
of a thorough and efficient system of public schools, wherein all the children 
of this Commonwealth above the age of 6 years may be educated, and shall 
appropriate at least $1,000,000 each year for that purpose. 

Sec. 2. No money raised for the support of the public schools of the Common- 
wealth shall be appropriated to or used for the support of any sectarian school. 

Sec. 3. Women 21 years of age and upward shall be eligible to any office of 
control or management under the school laws of this State. 



RHODE ISLAND. 

Art. IX, Sec. 1. No person shall be eligible to any civil office (except the office 
of school committee) unless he be a qualified elector for such office. 

Art. XII, Sec. 1. The diffusion of knowledge, as well as of virtue, among the 
people, being essential to the preservation of their rights and liberties, it shall 
be the duty of the general assembly to promote public schools, and to adopt all 
means which they may deem necessary and proper to secure to the people the 
advantages and opportunities of education. 

Sec. 2. The money which now is or which may hereafter be appropriated by 
law for the establishment of a permanent fund for the support of public schools, 
shall be securely invested, and remain a perpetual fund for that purpose. 

Sec. 3. All donations for the support of public schools, or for other purposes 
of education, which may be received by the general assembly, shall be applied 
according to the terms prescribed by the donors. 

Sec. 4. The general assembly shall make all necessary provisions by law for 
carrying this article into effect. They shall not divert said money or fund from 
the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof 
for any other purpose under any pretense whatsoever. 

ApvT. VII, Sec. 2 [amendment]. The assessors of each town and city shall an- 
nually assess upon every person, who, If registered, would, be qualified to vote, 
a tax of $1, or such sum as w^th his other taxes shall amount to $1, which tax 
shall be paid into the treasury of such town or city and be applied to the sup- 
port of the public schools therein : * * *. 



SOUTH CAROLINA. 

Aet. Ill, Sec. 34. The general assembly of this State shall not enact local or 
special laws concerning any of the following subjects or for any of the follow- 
ing purposes, to wit : * * * 

IV. To Incorporate educational, religious, charitable, social,, manufacturing, 
or banking institutions not under the control of the State, or amend or extend 
the charters thereof. 

V. To incorporate school districts. * * * 

Aet. IV, Sec. 24. There shall be elected by the qualified voters of the State a 
secretary of state, * * * and a superintendent of education, who shall hold 
their respective offices for the term of two years, and until their several succes- 
sors have been chosen and qualified; and whose duties and compensation shall 
be prescribed by law. 

Aet. VIII, Sec. 6. The corporate authorities of cities and towns in this State 
shall be vested with power to assess and collect taxes for corporate purposes, 
said taxes to be uniform in respect to persons and property within the jurisdic- 
tion of the body composing the same ; * * *. 

Sec. 7. No city or town in this State shall hereafter incur any bonded debt 
which, including existing bonded indebtedness, shall exceed 8 per centum of the 
assessed value of the taxable property therein, and no such debt shall be 
created without submitting the question as to the creation thereof to the quali- 
fied electors of such city or town, as provided in this constitution for such spe- 
cial elections; and unless a majority of such electors voting on the question shall 
be in favor of creating such further bonded debt, none shall be created: Pro- 
vided, * * * That such cities and towns shall on the issuing of such bonds 
create a sinking fund for the redemx)tion thereof at maturity. * * * 

Sec. 8. Cities and towns may exempt from taxation, by general or special 
ordinance, except for school purposes, manufacturies established within their 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 931 

limits for five successive years from the time of the establishment of such 
manufactories: * * *, 

Art. IX. Sec. 2. No charter of incorporation shall be granted, changed, or 
amended by special law, except in the case of such charitable, educational, 
penal, or reformatory corporations as may be under the control of the State, 
or may be provided for in this constitution, * * *. 

Art. X. Sec. 4. There shall be exempted from taxation * * * the property 
of all schools, colleges, and institutions of learning, * * * except where the 
profits of such institutions are apiDlied to private uses; * * * Provided, 
That as to real estate this exemption shall not extend beyond the buildings and 
premises actually occupied by such schools, colleges, institutions of learn- 
|j2g, * * * 

Sec. 5. The corporate authorities of counties, townships, school districts, cities, 
towns, and villages may be vested with power to assess and collect taxes for 
corporate purposes ; * * * The bonded debt of any county, township, school 
district, municipal corporation, or political division or subdivision of this 
State shall never exceed 8 per centum of the assessed value of all the taxable 
property therein. * * * 

Sec 12. Suitable laws shall be passed by the general assembly for the safe- 
keeping, transfer, and disbursement of the State, county, and school 
funds; * * *^ 

Art. XI, Sec. 1. The supervision of public instruction shall be vested in a 
State superintendent of education, who shall be elected for the term of two 
years by the qualified electors of the State, in such manner and at such time as 
the other State officers are elected ; his powers, duties, and compensation shall 
be defined by the general assembly. 

Sec 2. There shall be a State board of education, composed of the governor, 
the State superintendent of education, and not exceeding seven persons to be 
appointed by the governor every four years, of which board the governor shall 
be chairman and the State superintendent of education secretary. This board 
shall have the regulation of examination of teachers applying for certificates 
of qualification, and shall award all scholarships, and have such other powers 
and duties as may be determined by law. The traveling expenses of the per- 
sons to be appointed shall be provided for by the general assembly. 

Sec 3. The general assembly shall make provision for the election or appoint- 
ment of all other necessary school officers, and shall define their qualifications, 
powers, duties, comjoensation, and terms of office. 

Sec 4. The salaries of the State and county school officers and compensa- 
tion of county treasurers for collecting and disbursing school moneys shall not 
be paid out of the school funds, but shall be otherwise provided for by the 
general assembly. 

Sec 5. The general assembly shall provide for a liberal system of free public 
schools for all children between the ages of 6 and 21 years, and for the division 
of the counties into suitable school districts, as compact in form as practicable, 
having regard to natural boundaries, and not to exceed 49 nor be less than 9 
square miles in area : Provided, That in cities- of 10,000 inhabitants and over 
this limitation of area shall not apply : Provided further. That when any school 
district laid out under this section shall embrace cities or towns already organ- 
ized into special school districts in which graded school buildings have been 
erected by the issue of bonds or by special taxation, or by donation, all the ter- 
ritory included in said school district shall bear its just proportion of any tax 
that may be levied to liquidate such bonds or support the public schools therein : 
Provided further. That nothing in this article contained shall be construed as a 
repeal of the laws under which the several graded school districts of this 
State are organized. The present division of the counties into school districts 
and the provisions of law now governing the same shall remain until changed 
by the general assembly. 

Sec 6. The existing county boards of commissioners of the several counties, 
or such officer or officers as may hereafter be vested with the same or similar 
powers and duties, shall levy an annual tax of 3 mills on the dollar upon all 
taxable property in their respective counties, which tax shall be collected at 
the same time and by the same officers as the other taxes for the same year, 
and shall be held in the county treasury of the respective counties; and the 
said fund shall be apportioned among the school districts of the county in pro- 
portion to the number of pupils enrolled in the public schools of the respective 
districts, and the officer or officers charged by law with making said appor- 
tionment shall notify the trustees of the respective school districts thereof, 



932 STATE LAWS RELATING TO PUBLIC EDUCATION. 

who shall expend and disburse the same as the general assembly may prescribe. 
The general assembly shall define " enrollment." Not less than three trustees 
for each school district shall be selected from the qualified voters and tax- 
payers therein, in such manner and for such terms as the general assembly 
may determine, except in cases of special school districts now existing, where 
the provisions of law now governing the same shall remain unchanged by the 
general assembly: Provided, The manner of the selection of said trustees need 
not be uniform throughout the State. There shall be assessed on all taxable 
polls in the State between the ages of 21 and 60 years (excepting Confederate 
soldiers above the age of 50 years) an annual tax of $1 on each poll, the pro- 
ceeds of which tax shall be exi>ended for school purposes In the several school 
districts in which it is collected. Whenever during the three next ensuing 
fiscal years the tax levied by the said county boards of commissioners or 
similar officers and the poll tax shall not yield an amount equal to $3 per 
capita of the number of children enrolled in the public schools of each county 
for the scholastic year ending the 31st day of October in the year 1895, as it 
appears in the report of the State superintendent of education for said scho- 
lastic year, the comptroller general shall, for the aforesaid three next ensuing 
fiscal years, on the first day of each of said years, levy such an annual tax 
on the taxable property of the State as he may determine to be necessary to 
make up such deficiency, to be collected as otlaer State taxes, and apportion 
the same among the counties of the State in proportion to the respective defi- 
ciencies therein. The sum so apportioned shall be paid by the State treasurer 
to the county treasurers of the respective counties, in proportion to the respec- 
tive deficiencies therein, on the warrant of the comptroller general, and shall 
be apportioned among the school districts of the counties and disbursed as 
other school funds ; and from and after the 31st day of December, in the year 
1898, the general assembly shall cause to be levied annually on all the taxable 
property of the State such a tax, in addition to the said tax levied by the said 
county boards of commissioners or similar officers, and poll tax above provided, 
as may be necessary to keep the schools open throughout the State for such 
length of time in each scholastic year as the general assembly may prescribe; 
and said tax shall be apportioned among the counties in proportion to the 
deficiencies therein and disbursed as other school funds. Any school district 
may by the authority of the general assembly levy an additional tax for the 
support of its schools. 

Sec. 7. Separate schools shall be provided for children of the white and 
colored races, and no child of either race shall ever be permitted to attend a 
school provided for children of the other race. 

Sec. 8. The general assembly may provide for the maintenance of Clemson 
Agricultural College, the University of South Carolina, and the Winthrop 
Kormal and Industrial College, a branch thereof, as now established by law, 
and may create scholarships therein; the proceeds realized from the land 
scrip given by the act of Congress, passed the second day of July, 1862, for the 
support of an agricultural college, and any lands or funds which have hereto- 
fore been or may hereafter be. given or appropriated for educational purposes 
by the Congress of the United States, shall be applied as directed in the acts 
appropriating the same: Provided, That the general assembly shall, as soon 
as practicable, wholly separate Clafiin College from the Claflin University, and 
provide for a separate corps of professors and instructors therein, representa- 
tion to be given to men and women of the negro race; and it shall be the 
Colored Normal, Industrial, Agricultural, and Mechanical College of this 
State. 

Sec. 9. The property or credit of the State of South Carolina, or of any 
county, city, town, township, school district, or other subdivision of the said 
State, or any public money, from whatever source derived, shall not, by gift, 
donation, loan, contract, appropriation, or otherwise, be used, directly or 
indirectly, in aid or maintenance of any college, school, hospital, orphan house, 
or other institution, society, or organization of whatever kind, which is wholly 
or in part under the direction or control of any church or of any religious or 
sectarian denomination, society, or organization. 

Sec. 10. All gifts of every kind for educational purposes, if accepted by the 
general assembly, shall be*^ applied and used for the purposes designated by 
the giver, unless the same be in conflict with the pro\isions of this constitution. 

Sec. 11. All gifts to the State where the purpose is not designated, all 
escheated property, the net assets or funds of all estates or copartnerships in 
the hands of the ^courts of the State where there have been no claimants for 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 933 

the same within the last 70 years, and other money coming into the treasury 
of the State by reason of the twelfth section of an act entitled "An act to 
provide a mode of distribution of the moneys as direct tax from the citizens 
of this State by the United States in trust to the State of South Carolina," 
approved the 24th day of December, 1892, together with such other means as the 
general assembly may provide, shall be securely invested as the State school 
fand, and the annual income thereof shall be apportioned by the general 
assembly for the purpose of maintaining the public schools. 

Sec. 12. All the net income to be derived by the State from the sale or 
license for the sale of spirituous, malt, vinous, and intoxicating liquors and 
beverages, not including so much thereof as is now or may hereafter be allowed 
by law to go to the counties and municipal coiiiorations of the State, shall be 
applied annually in aid of the supplementary taxes provided for in the sixth 
section of this article; and if after said application there should be a surplus, 
it shall be devoted to public-school purposes, and apportioned as the general 
assembly may determine: Provided, hoivever, That the said supplementary 
taxes shall only be levied when the net income aforesaid from the sale or 
license for the sale of alcoholic liquors or beverages are not sufficient to meet 
and equalize the deficiencies for which the said supplementary taxes are pro- 
vided. 

Art. XII, Sec. 1. Institutions for the care of the insane, blind, deaf and dumb, 
and the poor shall always be fostered and suported by this State, and shall 
be subject to such regulations as the general assembly may enact. 

Sec. 7. Provision may be made by the general assembly for the establish- 
ment and maintenance by the State of a reformatory for juvenile offenders 
separate and apart from hardened criminals. 



SOUTH DAKOTA. 

Art. Ill, Sec. 23. The legislature is prohibited from enacting any private or 
special laws in the following cases: * * * 

10. Providing for the m.anagement of common schools, * * * 

Art. IV, Sec. 12. There shall be chosen by the qualified electors of the State 
at the times and places of choosing members of the legislature, a secretary of 
state, auditor, treasurer, superintendent of public instruction, commissioner 
of school and public lands, and attorney general, who shall severally hold their 
offices for the term of tw^o years. * * * 

Sec. 13. The powers and duties of the secretary of state, auditor, treasurer, 
superintendent of public instruction, commissioner of school and public lands, 
and attorney general shall be as prescribed by law. 

Art. YII, Sec 9. Any woman having the qualifications enumerated in section 
1 of this article as to age, residence and citizenship, and including those now 
qualified by the laws of the Territory, may vote at any election held solely for 
school purposes, and may hold any office in this State except as otherwise pro- 
vided in this constitution. 

Art. VIII, Sec. 1. The stability of a republican form of government depend- 
ing on the morality and intelligence of the people, it shall be the duty of the 
legislature to establish and maintain a general and uniform system of public 
schools wherein tuition shall be without charge, and equally open to all; and 
to adopt all suitable means to secure to the people the advantages and oppor- 
tunities of education. 

Sec. 2. The moneys of the permanent school and other educational funds shall 
be invested only in first mortgages npon good improved farm lands within this 
State, as hereinafter provided or in bonds of school corporations within this 
State, or in bonds of the United States or of the State of South Dakota, or of 
any organized county, township, or incorporated city in said State. The legis- 
lature shall provide by law the method of determining the amount of said 
funds, which shall be invested from time to time in such classes of securities 
respectively, taking care to secure continuous investments as far as possible. 

All moneys of said funds which may from time to time be designated for 
investment in farm mortgages and in the bonds of school corporations, or in 
bonds of organized counties, townships, or incorporated cities within this State, 
shall for such purpose be divided among the organized counties of the State 
in proportion to population as nearly as provisions by law to secure continuous 
investment may permit. The several counties shall hold and manage the 



934 STATE LAWS RELATING TO PUBLIC EDUCATION. 

same as trust funds, and they shall be and remain responsible and accountable 
for the principal and interest of all such moneys received by them from the 
date of receipt until returned because not loaned; and in case of loss of any 
money so apportioned to any county, such county shall make the same good out 
of its common revenue. Counties shall invest said money in bonds of school 
corporations, counties, townships, or cities, or in first mortgages upon good 
improved farm lands within their limits respectively. The amount of each 
loan shall not exceed one-third of the actual value of the lands covered by 
the mortgage given to secure the same, such value to be determined by the 
board of county commissioners of the county in which the land is situated, 
and in no case shall more than $5,000 be loaned to any one person, firm or 
corporation, and the rate of interest shall not be less than 5 per cent per 
annum, and shall be such other and higher rate as the legislature may provide, 
and shall be payable semiannually on the first day of January and July: 
Proi'idccl, That whenever there are moneys of said fund in any county amount- 
ing to $1,000 that can not be loaned according to the provisions of this section, 
and any law pursuant thereto, the said sum may be returned to the State 
treasurer to be intrusted to some other county or counties, or otherwise in- 
vested under the provisions of this section. 

Each county shall semiannually, on the first day of January and July, render 
an account of the condition of the funds intrusted to it to the auditor of State, 
and at the same time pay to or account to the State treasurer for the interest 
due on all funds intrusted to it. 

The legislature may provide by general law that counties may retain from 
interest collected in excess of '5 per centum per annum upon all said funds in- 
trusted to them, not to exceed 1 per centum per annum. But no county shall be 
exempted from the obligation to make semiannual payments to the State 
treasurer of interest at the rate provided by law for such loans, except only 
said 1 per centum, and in no case shall the interest, so to be paid, be less 
than 5 per centum per annum. 

The legislature shall provide by law for the safe investment of the permanent 
school and other educational funds and for the prompt collection of interest 
and Income thereof, and to carry out the objects and provisions of this section. 

Sec. 3. The interest and income of this fund, together with the net proceeds 
of all fines for violation of State laws and all other sums which may be added 
thereto by law, shall be faithfully used and applied each year for the benefit 
of the public schools of the State, and shall be for this purpose apportioned 
among and between all the several public-school corporations of the State in 
proportion to the number of children in each of school age, as may be fixed 
by law; and no part of the fund, either principal or interest, shall ever be 
diverted, even temporarily, from this purpose or used for any other purpose 
whatever than the maintenance of public schools for the equal benefit of all 
the people of the State. 

Sec. 4. After one year from the assembling of the first legislature, the lands 
granted to the State by the United States for the use of public schools may be 
sold upon the following conditions and no other : Not more than one-third of 
all such lands shall be sold within the first 5 years, and no more than two-thirds 
within the first 15 years after the title thereto is vested in the State and the 
legislature shall, subject to the provisions of this article, provide for the sale of 
the same. 

The commissioner of school and public lands, the State auditor and the county 
superintendent of schools of the counties severally, shall constitute boards of 
appraisal and shall appraise all school lands within the several counties which 
they may from time to time select and designate for sale, at their actual value 
under the terms of sale. They shall take care to first select and designate for 
sale the most valuable lands; and they shall ascertain all such lands as may be 
of special and peculiar value, other than agricultural, and cause the proper sub- 
division of the same in order that the largest price may be obtained thereof. 

Sec. 5. No land shall be sold for less than the appraised value and in no case 
for less than $10 an acre. The purchaser shall pay one-fourth of the purchase 
price in cash, and the remaining three-fourths as follows, one-fourth in 5 
years, one-fourth in 10 years, one-fourth in 15 years, with interest thereon at 
the rate of not less than 5 per centum per annum, payable annually; and all 
such subidivided lands may be sold for cash: Provided further, That the pur- 
chaser or purchasers shall have the right and option of paying the balance of 
the purchase price or any installment thereof at any time. All sales shall be at 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 935 

public auction to the highest bidder, after 60 days' advertisement of the same 
in at least two newspapers of general circulation in the vicinity of the lauds to 
be sold, and one at the seat of government. Such lands as shall not have been 
specially subdivided shall be offered in tracts of not more than 80 acres, and 
these subdivided in the smallest subdivision of lands designated for sale and 
not sold within two years after their appraisal shall be reappraised by the board 
of appraisal as hereinbefore provided before they are sold. 

Sec. 6. All sales shall be conducted through the office of the commissioner of 
school and public lands as may be prescribed by law, and returns of all ap- 
praisals and sales shall be made to said office. No sale shall operate to convey 
any right or title to any lands for 60 days after the date thereof, nor until the 
same shall have received the approval of the governor in such form as may be 
provided by law. No grant or patent for any such lands shall issue until final 
payment be made. 

Sec. 7. All lands, money, or other property donated, granted, or received 
from the United States or any other source for a university, agricultural college, 
normal schools, or other educational or charitable institution or purpose, and 
the proceeds of all such lands and other property so received from any source, 
shall be and remain perpetual funds, the interest and income of which, together 
with the rents of all such lands as may remain unsold, shall be inviolably ap- 
propriated and applied to the specific objects of the original grants or gifts. 
The principal of every such fund may be increased, but shall never be dimin- 
ished, and the interest and income only shall be used. Every such fund shall be 
deemed trust fund held by the State, and the State shall make good all losses 
therefrom that shall in any manner occur. 

Sec. 8. All lands mentioned in the preceding section shall be appraised and 
sold in the same manner and by the same officers and boards under the same 
limitations and subject to all the conditions as to price, sale, and approval 
provided above for the appraisal and sale of lands for the benefit of public 
schools, but a distinct and separate account shall be kept by the proper officers 
of each of such funds. 

Sec 9. The lands mentioned in this article shall be leased for pasturage, 
meadow, farming, the growing of crops of grain, and general agricultural 
purposes, and at public auction after notice as hereinbefore provided in case of 
sale and shall be offered in tracts not greater than one section. All rents shall 
be payable annually in advance, and no term of lease shall exceed five years, 
nor shall any lease be void until it receives the approval of the governor. 

Sec. 10. No claim to any public lands by any trespasser thereon by reason of 
occupancy, cultivation, or improvement thereof, shall ever be recognized; nor 
shall compensation ever be made on account of any Improvements made by 
such trespasser. 

Sec 11. The moneys of the permanent school and other educational funds 
shall be invested only in first mortgages upon good improved farm lands within 
this State as hereinafter provided, or in bonds of school corporations within 
the State, or in bonds of the United States, or of the State of South Dakota. 
The legislature shall provide by law the method of determining the amounts of 
said funds which shall be invested from time to time in such classes of securities, 
respectively, taking care to secure continuous investments as far as possible. 

All moneys of said funds which may from time to time be designated for in- 
vestment in farm mortgages and in the bonds of school corporations shall for 
such purpose be divided among the organized counties of the State in pro- 
portion to population as nearly as provisions by law to secure continuous in- 
vestments may permit. The several counties shall hold and manage the same 
as trust funds, and they shall be and remain responsible and accountable for the 
principal and interest of all such moneys received by them from the date of 
receipt until returned because not loaned ; and in case of loss to any money so 
apportioned to any county, such county shall make the same good out of its 
common revenue. Counties shall invest said money in bonds of school corpora- 
tions, or in first mortgages upon good improved farm lands within their limits 
respectively; but no farm loan shall exceed $500 to any one person, nor shall 
it exceed one-half the valuation of the lands as assessed for taxation, and the 
rate of interest shall not be less than 5 per centum per annum, and shall be 
such other and higher rate as the legislature may provide, and shall be payable 
semiannually on the first days of January and July : Provided, That whenever 
there are moneys of said funds in any county amountig to $1,000 that can not 



936 STATE LAWS RELATING TO PUBLIC EDUCATION. 

be loaned according to the provisions of this section and any law pursuant 
thereto, the said sum may be returned to the State treasurer to be intrusted to 
some other county or counties, or otherwise invested under the provisions of this 
section. 

Each county shall semiannually, on the 1st day of January and July, render 
an account of the condition of the funds intrusted to it to the auditor of State, 
and at the same time pay to or account to the State treasurer for the interest 
due on all funds intrusted to it. 

The legislature may provide by general law that counties may retain from 
interest collected in excess of 5 per centum per annum upon all said funds 
intrusted to them not to exceed 1 per centum per annum. But no county shall 
be exempted from the obligation to make semiannual payments to the State 
treasury of interest at the rate provided by law for such loans, except only said 
1 per centum, and in no case shall the interest so to be paid be less than 5 
per centum per annum. 

The legislature shall provide by law for the safe investment of the perma- 
nent school and other educational funds, and for the prompt collection of inter- 
est and income thereof, and to carry out the objects and provisions of this 
section. 

Sec. 12. The governor may disapprove any sale, lease, or investment other 
than such as are intrusted to the counties. 

Sec. 13. All losses to the permanent school or other educational funds of this 
State which shall have been occasioned by the defalcation, negligence, misman- 
agement, or fraud of the agents or officers controlling and managing the same, 
shall be audited by the proper authorities of the State. The amount so audited 
shall be a permanent funded debt against the State in favor of the fund sus- 
taining the loss upon which not less than 6 per centum of annual interest shall 
be paid. The amount of indebtedness so created shall not be counted as a part 
of the indebtedness mentioned in iVrticle XIII, section 2. 

Sec. 14. The legislature shall provide by law for the protection of the school 
lands from trespass or unlawful appropriation, and for their defense against 
all unauthorized claims or efforts to divert them from the school fund. 

Sec. 15. The legislature shall make such provisions by general taxation, and 
by authorizing the school corporations to levy such additional taxes, as with the 
income from the permanent school fund shall secure a thorough and efiicient 
system of common schools throughout the State. 

Sec 16. No appropriation of lands, money, or other property or credits to aid 
any sectarian school shall ever be made by the State, or any county or munici- 
pality within the State, nor shall the State or any county or municipality 
within the State accept any grant, conveyance, gift, or bequest of lands, money, 
or other property to be used for sectarian purposes, and no sectarian instruction 
shall be allowed in any school or institution aided or supported by the State. 

Sec. 17. No teacher, State, county, township, or district school officer shall 
be interested in the sale, proceeds, or profits of any book, apparatus, or furni- 
ture used or to be used in any school in this State, under such i)enalties as shall 
be provided by law. 

Art. IX, Sec. 5. In each organized county at the first general election held 
after the admission of the State of South Dakota into the Union, and every two 
years thereafter, there shall be elected a * * * superintendent of schools, 
whose terms of ofiice respectively shall be two years. * * * 

Sec. 7. All laws exempting property from taxation, other than that enu- 
merated in sections 5 and 6 of this article, shall be void. 

Sec 11. The making of profit, directly or indirectly, out of State, county, city, 
town, -or school-district money, or using the same for any purpose not authorized 
by law, shall be deemed a felony and shall be punished as provided by law. 

Sec 12. An accurate statement of the receipts and expenditures of the public 
moneys shall be published annually in such manner as the legislature may 
provide. 

Art. XII, Sec 2. The general appropriation bill shall embrace nothing but 
appropriations for ordinary expenses of the executive, legislative, and judicial 
departments of the State, the current expenses of State institutions, interest on 
the public debt, and for common schools. * * * 

Sec 4. The debt of any county, city, town, school district, civil township, or 
other subdivision shall never exceed 5 per centum upon the assessed valuation 
of the taxable property therein for the year preceding that in which said 
indebtedness is incurred. 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 937 

In estimating the amount of the indebtedness which a municipality or sub- 
division may incur, the amount of indebtedness contracted prior to the adoption 
of this constitution shall be included: Provided, That any county, municipal 
corporation, civil township, district, or other subdivision may incur an addi- 
tional indebtedness not exceeding 10 per centum upon the assessed valuation 
of the taxable property therein for the year preceding that in which said in- 
debtedness is incurred for the purpose of providing water and sewerage for 
irrigation, domestic uses, sewerage, and other purposes: And provided, That 
in a city where the population is 8,000 or more, such city may incur an indebted- 
ness not exceeding 8 per centum upon the assessed valuation of the taxable 
property therein for the year next preceding that in which said indebtedness is 
incurred for the purpose of constructing street railways, electric lights, or 
other lighting plants: Provided furtJier, That no county, municipal corpora- 
tion, civil township, district, or subdivision shall be included within such dis- 
trict or subdivision without a majority vote in favor thereof of the electors of the 
county, municipal corporation, civil township, district, or other subdivision as 
the case may be, which is purposed to be included therein, and no such debt 
shall ever be incurred for any of the purposes in this section provided, unless 
authorized by a vote in favor thereof by a majority of the electors of such 
county, municipal corporation, civil township, district, or subdivision incurring 
the same. 

Sec. 5. Any city, county, town, school district, or any other subdivision in- 
curring indebtedness shall, at or before the time of so doing, provide for the 
collection of an annual tax sufficient to pay the interest and also the principal 
thereof when due, and all laws or ordinances providing for the payment of the 
interest or principal of any debt shall be irrepealable until such debt be paid. 

Art. XIV, Sec. 1. The charitable and penal institutions of the State of 
South Dakota shall consist of a penitentiary, insane hospital, a school for the 
deaf and dumb, a school for the blind, and a reform school. 

Sec. 2. The State institutions provided for in the preceding section shall 
be under the control of a State board of charities and corrections, under such 
rules and restrictions as the legislature shall provide ; such board to consist of 
not to exceed five members, to be appointed by the governor and confirmed by 
the senate, and whose compensation shall be fixed by law. 

Sec. 3. The State university, the agricultural college, the normal schools, and 
other educational institutions that may be sustained either wholly or in part 
by the State shall be under the control of a board of five members appointed 
by the governor and confirmed by the senate under such rules and restrictions 
as the legislature shall provide. The legislature may increase the number of 
members to nine. 

Sec. 4. The regents shall appoint a board of five members for each institu- 
tion under their control, to be designated the board of trustees. They shall 
hold office for five years, one member retiring annually. The trustees of each 
institution shall appoint the faculty of the same, and shall provide for the cur- 
rent management of the institution, but all appointments and removals must 
have the approval of the regents to be valid. The trustees of the several in- 
stitutions shall receive no compensation for their services, but they shall be 
reimbursed for all expenses incurred in the discharge of their duties, upon 
presenting an itemized account of the same to the proper officer. Each board 
of trustees at its first meeting shall decide by lot the order in which its mem- 
bers shall retire from office. 

Sec. 5. The legislature shall provide that the science of mining and metal- 
lurgy be taught in at least one institution of learning under the patronage of 
the State. 

Sec 6. The Legislature of the State of South Dakota shall not have the 
power to establish any charitable, penal, educational, or other institution as a 
State institution until the same has been duly authorized by a majority vote of 
the people of the State, voting to establish said institution, at any regular 
election in the State; and the legislature shall not /make any appropriation to 
any institution except those now established by law unless expressly authorized 
so to do by a majority vote of the people of this State at a regular general 
election upon a proposition duly submitted, to the electors of the State as 
provided by law. 

Aet. XXI, Sec 2. * * * The commissioner of school and public lands shall 
receive an annual salary of $1,800 ; the superintendent of public instruction shall 
receive an annual salary of $1,800 * * *^ 



938 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Art. XXII. The following articles shall be irrevocable without the consent 
of the United States and the people of the State of South Dakota expressed by 
their legislative assembly : * * * 

Fourth. That provision shall be made for the establishment and maintenance 
of systems of public schools, which shall be opened to all the children of this 
State, and free from sectarian control. 



TENNESSEE. 



Art. II, Sec. 28. Taxation, merchant's and privileges, — ^All property, real, 
personal, or mixed, shall be taxed ; but the legislature may except such as may 
be held by the State, by counties, cities, or towns, and used exclusively for public 
or corporation purposes, and such as may be held and used for purposes purely 
religious, charitable, scientific, literary, or educational. * * * 

Art. XI, Sec. 12. Edncation to he cherished; common-school fund; poll tax; 
whites and negroes; colleges, etc., rights of. — Knowledge, learning, and virtue, 
being essential to the preservation of republican institutions, and the diffusion 
of the opportunities and advantages of education throughout the different por- 
tions of the State being highly conducive to the promotion of this end, it shall 
be the duty of the general assembly, in all future periods of this government, 
to cherish literature and science. And the fund called the common-school fund, 
and all the lands and proceeds thereof, dividends, stocks, and other property 
of every description whatever, heretofore by law appropriated, by the general 
assembly of this state for the use of common schools, and all such as shall here- 
after be appropriated, shall remain a perpetual fund, the principal of which 
shall never be diminished by legislative appropriations; and the interest thereof 
shall be inviolably appropriated to the support and encouragement of common 
schools throughout the State, and for the equal benefit of all the people thereof ; 
and no law shall be made authorizing said fund or any part thereof to be 
diverted to any other use than the support and encouragement of common 
schools. The State taxes derived hereafter from polls shall be appropriated to 
educational purposes, in such manner as the general assembly shall, from time to 
time, direct by law. No school established or aided under this section shall allow 
white and negro children to be received as scholars together in the same school. 
The above provisions shall not prevent the legislature from carrying into effect 
any laws that have been passed in favor of the colleges, universities, or acad- 
emies, or from authorizing heirs or distributees to receive and enjoy escheated 
property under such laws as shall be passed from time to time. 



TEXAS. 



Art. Ill, Sec. 48. The legislature shall not have the right to levy taxes or im- 
pose burdens upon the people, except to raise revenue sufficient for the economi- 
cal administration of the government, in which may be included the following 
purposes: * * * 

The support of public schools, in which shall be included colleges and univer- 
sities established by the State ; and the maintenance and support of the Agricul- 
tural and Mechanical College of Texas; * * *. 

Sec. 49. No debt shall be created by or on behalf of the State, except to supply 
casual deficiencies of revenue, repel invasion, suppress insurrection, defend the 
State in war, or pay existing debt ; and the debt created to supply deficiencies in 
the revenue shall never exceed in the aggregate at any one time $200,000. 

Sec 56. The legislature shall not, except as otherwise provided in this consti- 
tution, pass any local or special law, authorizing — * * * 

Regulating the management of public schools, the building or repairing of 
schoolhouses, and the raising of money for such purposes ; * * *. 

Art. VII, Sec. 1. A general diffusion of knowledge being essential to the 
preservation of the liberties and rights of the people, it shall be the duty of the 
legislature of the State to establish and make suitable provision for the sup- 
port and maintenance of an efficient system of public free schools. 

Sec. 2. All funds, lands, and other property heretofore set apart and appro- 
priated for the support of public schools ; all the alternate sections of land re- 
served by the State out of grants heretofore made, or that may hereafter be 
made, to railroads or other corporations of any nature whatsoever ; one-half of 



CONSTITUTIONAL PEOVISIONS AS TO EDUCATION. 939 

the public domain of the State; and all sums of money that may come to the 
State from the sale of any portion of the same, shall constitute a perpetual 
public-school fund. 

Sec. 3. One-fourth of the revenue derived from the State occupation taxes and 
a poll tax of $1 on every male inhabitant of this State between the ages of 21 
and 60 years shall be set apart annually for the benefit of the public free school, 
and in addition thereto there shall be levied and collected an annual ad valorem 
State tax of such an amount, not to exceed 20 cents on the $100 valuation, as 
with the available school fund arising from all other sources, will be sufficient 
to maintain and support the public free schools of this State for a period of not 
less than six months in each year, and the legislature may also provide for the 
formation of school districts by general or special law, without the local notice 
required in other cases of special legislation, and all such school districts, 
whether created by general or special law, may embrace parts of two or more 
counties. And the legislature shall be authorized to pass laws for the assess- 
ment and collection of taxes in all said districts and for the management and 
control of the public school or schools of such districts, whether such districts 
are composed of territory wholly within a county or in parts of two or more 
counties. And the legislature may authorize an additional ad valorem tax to 
be levied and collected within all school districts, heretofore formed or hereafter 
formed, for the further maintenance of public free schools, and the erection and 
equipment of school buildings therein, provided that a majority of the qualified 
property-tax-paying voters of the district, voting at an election to be held for 
that purpose, shall vote such tax, not to exceed in any one year 50 cents on the 
$100 valuation of the property subject to taxation in such district, but the limi- 
tation upon the amount of school-district tax herein authorized shall not apply 
to incorporated cities or towns, constituting separate and independent school 
districts. 

Sec. 3a. Every school district heretofore formed, whether formed under the 
general law or by special act, and w^hether the territory embraced within its 
boundaries lies wholly within a single county or partly in two or more counties, 
is hereby declared to be, and from its formation to have been, a valid and lawful 
district. 

All bonds heretofore issued by any such districts which have been approved 
by the attorney general and registered by the comptroller are hereby declared 
to be, and at the time of their issuance to have been, issued in conformity with 
the constitution and laws of this State, and any and all such bonds are hereby 
in all things validated and declared to be valid and binding obligations upon the 
district or districts issuing the same. 

Each such district is hereby authorized to, and shall, annually levy and col- 
lect an ad valorem tax sufficient to pay the interest on all such bonds and to 
provide a sinking fund sufficient to redeem the same at maturity, not to exceed 
such a rate as may be provided by law under other provisions of this constitu- 
tion. And all trustees heretofore elected in districts made up from more than 
one county are hereby declared to have been duly elected, and shall be and are 
hereby named as trustees of their respective districts, with power to levy the 
taxes herein authorized until their successor shall be duly elected and qualified 
as is or may be provided by law. 

Sec. 4. The lands herein set apart to the public free-school fund shall be sold 
under such regulations, at such times, and on such terms as may be prescribed 
by law; and the legislature shall not have power to grant any relief to pur- 
chasers thereof. The comptroller shall invest the proceeds of such sales, and 
of those heretofore made, as may be directed by the board of education herein 
provided for, in the bonds of the United States, the State of Texas, or counties 
in said State, or in such other securities, and under such restrictions as may be 
prescribed by law ; and the State shall be responsible for all investments. 

Sec. 5. The principal of all bonds and other funds, and the principal arising 
from the sale of the lands hereinbefore set apart to said school fund, shall be 
the permanent school fund; and all the interest derivable therefrom and the 
taxes herein authorized and levied shall be the available school fund, to which 
the legislature may add not exceeding 1 per cent annually of the total value of 
the permanent school fund; such value to be ascertained by the board of edu- 
cation until otherwise provided by law ; and the available school fund shall be 
applied annually to the support of the public free schools. And no law shall 
ever be enacted appropriating any part of the permanent available school fund 
to any other purposes whatever; nor shall the same or any part thereof ever 
be appropriated to or used for the support of any sectarian school; and the 



940 STATE LAWS EELATING TO PUBLIC EDUCATION. 

available school fund herein provided shall be distributed to the several 
counties according to their scholastic population and applied in such manner 
as may be provided by law. 

Sec. 6. All lands heretofore or hereafter granted to the several counties of 
this State for educational purposes, are of right the property of said counties 
respectively to which they were granted, and title thereto is vested in said 
counties, and no adverse possession or limitation shall ever be available against 
the title of any county. Each county may sell or dispose of its lands in whole 
or in part, in manner to be provided by the commissioners' court of the 
county. Actual settlers residing on said lands shall be protected in the prior 
right of purchasing the same to the extent of their settlement, not to exceed 
160 acres, at the price fixed by said court, which price shall no include the 
value of existing improvements made thereon by such settlers. Said lands, 
and the proceeds thereof, when sold, shall be held by said counties alone as a 
trust for the benefit of public schools therein ; said proceeds to be invested in 
bonds of the United States, the State of Texas, or counties in said State, or in 
such other securities, and under such restrictions as may be prescribed by law ; 
and the counties shall be responsible for all investments; the interest thereon, 
and other revenue, except the principal, shall be available fund. 

Sec. 7. Separate schools shall be provided for the white and colored children, 
and impartial provision shall be made for both. 

Sec. 8. The governor, comptroller, and secretary of state shall constitute a 
board of education, who shall distribute said funds to the several counties and 
perform such other duties concerning public schools as may be prescribed 
by law. * * * 

Sec. 10. The legislature shall, as soon as practicable, establish, organize, and 
provide for the maintenance, support, and direction of a university of the first 
class, to be located by a vote of the people of this State, and styled the Uni- 
versity of Texas, for the promotion of literature and the arts and sciences, in- 
cluding an agricultural and mechanical department. 

Sec 11. In order to enable the legislature to perform the duties set forth in 
the foregoing section, it is hereby declared that all lands and other property 
heretofore set apart and appropriated for the establishment and maintenance 
of the University of Texas, together with all the proceeds of sales of the same, 
heretofore made or hereafter so to be made, and all grants, donations, and ap- 
propriations that may hereafter be made by the State of Texas, or from any 
other source, shall constitute and become a permanent university fund. And 
the same as realized and received into the treasury of the State (together 
with such sums, belonging to the fund, as may now be in the treasury) shall 
be invested in bonds of the State of Texas, if the same can be obtained ; if not. 
then in United States bonds, and the interest accruing thereon shall be subject 
to appropriation by the legislature to accomplish the purpose declared in the 
foregoing section: Provided, That one-tenth of the alternate sections of the 
lands granted to railroads, reserved by the State, which were set apart and ap- 
propriated to the establishment of the University of Texas, by an act of the 
legislature of February 11, 1858, entitled "An act to establish ' the University 
of Texas,' " shall not be included in or constitute a part of the permanent 
university fund. 

Sec 12. The land herein set apart to the university fund shall be sold under 
such regulations, at such times, and on such terms as may be provided by 
law ; and the legislature shall provide for the prompt collection, at maturity, of 
all debts due on account of university lands heretofore sold or that may here- 
after be sold, and shall in neither event have the power to grant relief to the 
purchasers. 

Sec 13. The Agricultural and Mechanical College of Texas, established by an 
act of the legislature, passed April 17, 1871, located in the county of Brazos, is 
hereby made and constituted a branch of the University of Texas, for instruc- 
tion in agriculture, the mechanic arts, and the natural sciences connected there- 
with. And the legislature shall at its next session make an appropriation, not 
to exceed $40,000, for the construction and completion of the buildings and im- 
provements and for providing the furniture necessary to put said college in 
immediate and successful operation. 

Sec. 14. The legislature shall also, when deemed practicable, establish and 
provide for the maintenance of a college or branch university for the instruc- 
tion of the colored youth of the State, to be located by a vote of the people : 
Prodded, That no tax shall be levied and no money appropriated out of the 



CONSTITUTIONAL PEOVISIONS AS TO EDUCATION. 941 

general revenue either for this purpose or for the establishment and erection 
of the buildings of the University of Texas. 

Sec. 15. In addition to the lands heretofore granted to the University of 
Texas, there is hereby set apart and appropriated for the endowment, mainte- 
nance, and support of said university and its branches 1,000,000 acres of the 
unappropriated public domain of the State, to be designated and surveyed as 
may be provided by law ; and said lands shall be sold under the same regula- 
tions and the proceeds invested in the same manner as is provided for the sale 
and investment of the permanent university fund; and the legislature shall 
not have power to grant any relief to the purchasers of said lands. 

Art. YIII, Sec. 9. The State tax on property, exclusive of the tax necessary 
to pay the public debt, shall never exceed 50 cents on the hundred dollars valu- 
ation, and no county, city, or town shall levy more than one-half of said State 
tax, except for the payment of debts already incurred and for the erection of 
public buildings, not to exceed 50 cents on the hundred dollars in any one year, 
and except as in this constitution is otherwise provided. 

Art. XI, Sec. 4, Cities and towns having a population of 10,000 inhabitants 
or less may be chartered alone by general law. They may levy, assess, and 
collect an annual tax to defray the current expenses of their local government, 
but such tax shall never exceed, for any one year, one-fourth of 1 per cent, and 
shall be collectible only in current money. And all license and occupation tax 
levied, and all fines, forfeitures, penalties, and other dues accruing to cities and 
towns, shall be collectible only in current money. 

Sec. 5. Cities having more than 10.000 inhabitants may have their charters 
granted or amended by special act of the legislature, and may levy, assess, and 
collect such taxes as may be authorized by law; but no tax for any purpose 
shall ever be lawful, for any one year, which shall exceed 21 per cent of the 
taxable property of such city; and no debt shall ever be created by any city 
unless at the same time provision be made to assess and collect annually a 
sufficient sum to pay the interest thereon and create a sinking fund of at least 
2 per cent thereon. 

Sec. 6. Counties, cities, and towns are authorized, in such mode as may now 
or may hereafter be provided by law, to levy, assess, and collect the taxes 
necessary to pay the interest and provide a sinking fund to satisfy any indebt- 
edness heretofore legally made and undertaken; but all such taxes shall be 
assessed and collected separately from that levied, assessed, and collected for 
current expenses of -municipal government, and shall when levied specify in 
the act of levying the purpose therefor, and such taxes may be paid in the 
coupons, bonds, or other indebtedness for the payment of which such tax may 
have been levied. 

Art. XVI, Sec. 30a. The legislature may provide by law that the members of 
the board of regents of the State university and boards of trustees or managers 
of the educational, eleemosynary, and penal institutions of the State, and such 
boards as have been or may hereafter be established by law, may hold their 
respective offices for the term of six years, one-third of the members of such 
boards to be elected or appointed evei*y two years in such manner as the legis- 
lature may determine ; vacancies in such offices to be filled as may be provided 
by law, and the legislature shall enact suitable laws to give effect to this section. 



UTAH. 

Art. I, Sec. 4. * * * No public money or property shall be appropriated 
for or applied to any religious worship, exercise, or instruction, or for the 
support of any ecclesiastical establishment. * * * 

Art. III. The following ordinance shall be irrevocable without the consent 
of the United States and the people of this State ; * * * 

Fourth. The legislature shall make laws for the establishment and main- 
tenance of a system of public schools, which shall be open to all the children of 
the State and be free from sectarian control. 

Art. IV, Sec. 9. * * * Municipal and school officers shall be elected at 
such time as may be provided by law. 

Art. VI, Sec. 26. The legislature is prohibited from enacting any private or 
special laws in the following cases ; * * ■* 

Seventeenth. Providing for the management of common schools. * * * 



942 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Art. VII, Sec. 1. The executive department shall consist of governor, * * * 
superintendent of public instruction, each of whom shall hold his office for four 
years, beginning on the first Monday of January next after his election. * * * 
They shall perform such duties as are prescribed by this constitution and as 
may be prescribed by law. 

Sec. 10. * * * If the office of * * * superintendent of public instruc- 
tion be vacated by death, resignation, or otherwise, it shall be the duty of the 
governor to fill the same by appointment, and the appointee shall hold his office 
until his successor shall be elected and qualified, as may be by law provided. 

Sec. 15. Until otherwise provided by law, the governor, attorney general, and 
superintendent of public instruction shall constitute a board of reform-school 
commissioners. Said board shall have such supervision of all matters connected 
with the State reform school as may be provided by law. 

Sec 19. The superintendent of public instruction shall perform such duties as 
may be provided by law. 

Sec. 20. The governor, * *. * superintendent of public instruction, and 
such other State and district officers as may be provided for by law shall re- 
ceive for their services quarterly a compensation as fixed by law, which shall 
not be diminished or increased so as to affect the salary of any officer during 
his term. * * * ^j^e compensation of the officers provided for by this 
article, until otherwise provided by law, is fixed as follows: * * * 

Superintendent of public instruction, $1,500 per annum. * * * 

Aet. X, Sec. 1. The legislature shall provide for the establishment and main- 
tenance of a uniform system of public schools, which shall be open to all the 
children of the State and free from sectarian control. 

Sec 2. "The public-school system shall include kindergarten schools, com- 
mon schools, consisting of primary and grammar grades, high schools, an agri- 
cultural college, a university, and such other schools as the legislature may 
establish. The common schools shall be free. The other departments of the 
system shall be supported as provided by law : Provided, That high schools may 
be maintained free in all cities of the first and second class now constituting 
school districts, and in such other cities and districts as may be designated by 
the legislature. But where the proportion of school moneys apportioned or 
accruing to any city or district shall not be sufficient to maintain all the free 
schools in such city or district, the high schools shall be supported by local 
taxation: Provided, That when any cities or districts shall establish high 
scho®ls the legislature may authorize the use of State school funds to assist in 
supporting such schools, said funds being apportioned to the cities or districts 
concerned by the State board of education." 

Sec 3. The proceeds of all lands that have been or may be granted by the 
United States to this State for the support of the common schools, the proceeds 
of all property that may accrue to the State by escheat or forfeiture, and all 
unclaimed shares and dividends of any corporation incorporated under the laws 
of this State, the proceeds of the sale of timber, minerals, or other property 
from school and State lands other than those granted for specific purposes, and 
the 5 per centum of the net proceeds of the sales of public lands lying within 
the State, which shall be sold by the United States subsequent to the admission 
of this State into the Union, shall be and remain a pei-petual fund, to be called 
the State school fund, the interest of which only, together with such other 
means as the legislature may provide, shall be distributed among the several 
school districts according to the school population residing therein. 

Sec 4. The location and establishment by existing laws of the University of 
Utah and agricultural college are hereby confirmed, and all the rights, immuni- 
ties, franchises, and endowments heretofore granted or conferred are hereby 
perpetuated unto said university and agricultural college, respectively. 

Sec 5. The proceeds of the sale of lands reserved by an act of Congress ap- 
proved February 21, 1855, for the establishment of the University of Utah, and 
all the lands granted by an act of Congress approved July 16, 1894, shall con- 
stitute permanent funds, to be safely invested and held by the State; and the 
income thereof shall be used exclusively for the support and maintenance of 
the different institutions and colleges, respectively, in accordance with the 
requirements and conditions of said acts of Congress. 

Sec 6. Separate control of city schools. — In cities of the first and second class 
the public-school system shall be controlled by the board of education of such 
cities, separate and apart from the counties in which said cities are located. 

Sec 7. All public-school funds shall be guaranteed by the State against loss 
or diversion. 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 943 

Sec. 8. The general control and supervision of the public-school system shall 
be vested in a State board of education, consisting of the superintendent of 
public instruction and such other persons as the legislature may provide. 

Sec. 9. Neither the legislature nor the State board of education shall have 
power to prescribe textbooks to be used in the common schools. 

Sdc. 10. Institutions for the deaf and dumb and for the blind are hereby 
established. All property belonging to the school for the deaf and dumb, 
heretofore connected with the University of Utah, shall be transferred to said 
institution for the deaf and dumb. All the proceeds of the lands granted by the 
United States for the support of a deaf and dumb asylum and for an institution 
for the blind shall be a perpetual fund for the maintenance of said institutions. 
It shall be a trust fund, the principal of which shall remain inviolate, guar- 
anteed by the State against loss or diversion. 

Sec. 11. The metric system shall be taught in the public schools of the State. 

Sec. 12. Neither religious nor partisan test or qualification shall be required* 
of any person as a condition of admission, as teacher or student, into any public 
educational institution of the State. 

Sec. 13. Neither the legislature nor any county, city, town, school district, or 
other public corporation shall make any appropriation to aid in the support of 
cny school, seminary, academy, college, university, or other institution controlled 
in whole or in part by any church, sect, or denomination whatever. 

Art. XI, Sec. 1. The several counties of the Territory of Utah existing at the 
time of the adoption of this constitution are hereby recognized as legal sub- 
divisions of this State, and the precincts and school districts now existing in 
the said counties as legal subdivisions thereof, and they shall so continue until 
changed by law in pursuance of this article. 

Art. XIII, Sec. 3. * * * Provided further, That the property of the 
United States, of the State, counties, cities, towns, school districts, municipal 
corporations, and public libraries, lots with the buildings thereon used exclu- 
sively for either religious worship or charitable purposes, * * * shall be 
exempt from taxation. 

Sec. 7. The rate of taxation on property for State purposes shall never ex- 
ceed 8 mills on each dollar of valuation; and whenever the taxable property 
within the State shall amount to $200,000,000 the rate shall not exceed 5 mills on 
each dollar of valuation, and whenever the taxable property within the State 
shall amount to $300,000,000 the rate shall never thereafter exceed 4 mills on 
each dollar of valuation; unless a proposition to increase such rate, specifying 
the rate proposed and the time during which the same shall be levied, be first 
submitted to a vote of such of the qualified electors of the State as, in the year 
next preceding such election, shall have paid a property tax assessed to them 
within the State, and the majority of those voting thereon shall vote in favor 
thereof, in such manner as may be provided by law. 

Art. XIV, Sec. 3. No debt in excess of the taxes for the current year shall be 
created by any county or subdivision thereof, or by any school district therein, 
or by any city, town, or village, or any subdivision thereof in this State, unless 
the proposition to create such debt shall have been submitted to a vote of such 
qualified electors as shall have paid a property tax therein in the year preced- 
ing such election, and a majority of those voting thereon shall have voted in 
favor of incurring such debt. 

Sec. 4. When authorized to create indebtedness as provided in section 3 of 
this article, no county shall become indebted to an amount, including existing 
indebtedness, exceeding 2 per centum. No city, town, school district, or other 
municipal corporation shall become indebted to an amount, including existing 
indebtedness, exceeding 4 per centum of the value of the taxable property 
therein, the value to be ascertained by the last assessment for State and county 
purposes pre^^ous to the incurring of such indebtedness; except that in incor- 
porated cities the assessment shall be taken from the last assessment for city 
purposes: Provided, That no part of the indebtedness allowed in this section 
shall be incurred for other than strictly county, city, town, or school-district 
purposes: Provided further. That any city or town, when authorized as pro- 
vided in section 3 of this article, may be allowed to incur a larger indebtedness, 
not exceeding 4 per centum additional for supplying such city or town with 
water, artificial light, or sewers, when the works for supplying such water, 
light, and sewers shall be owned and controlled by the municipality. 

Sec. 6. The State shall not assume the debt, or any part thereof, of any 
county, city, town, or school district. 



944 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Aet. XIX, Sec. 2. Reformatory and penal institutions, and those for tlie 
benefit of the insane, blind, deaf and dumb, and such other institutions as the 
public good may require, shall be established and supported by the State in such 
manner and under such boards of control as may be prescribed by law. 

Sec. 3. The public institutions of the State are hereby permanently located at 
the places hereinafter named, each to have the lands specifically granted to it 
by the United States in the act of Congress approved July 16, i894, to be dis- 
posed of and used in such manner as the legislature may provide : * * * 

Second. The institutions for the deaf and dumb and the blind and the State 
reform school, at Ogden City, in the county of Weber. * * * 

Art. XXI, Sec. 1. All State, district, city, county, town, and school officers, 
excepting notaries public, boards of arbitration, court commissioners, justices 
of the peace, and constables, shall be paid fixed and definite salaries. * * * 



VERMONT. 



Chap. II, Sec. 41. * * * A competent number of schools ought to be main- 
tained in each town for the convenient instruction of youth, and one or more 
grammar schools be incorporated and properly supported in each county in this 
State. And all religious societies or bodies of men that may be hereafter united 
or incorporated for the advancement of religion and learning, or for other pious 
and charitable purposes, shall be encouraged and protected in the enjoyment of 
the privileges, immunities, and estates, which they in justice ought to enjoy, 
under such regulations as the general assembly of this State shall direct. 

Art. 30. No charter of incorporation shall be granted, extended, changed, or 
amended by siDecial law, except for such municipal, charitable, educational, 
penal, or reformatory corporations as are to be and remain under the patronage 
or control of the State. * * * 



VIRGINIA. 



Art. II, Sec. 24. No * * * inmate of any charitable institution or a student 
in any institution of learning [shall] be regarded as having either gained or 
lost a residence, as to the right of suffrage, by reason of his location or sojourn 
in such institution. 

Art. IV, Sec. 67. The general assembly shall not make any appropriation of 
public funds, of personal property, or of any real estate, to any church, sec- 
tarian society, association, or institution of any kind whatever, which is entirely 
or partly, directly or indirectly, controlled by any church or sectarian soci- 
ety; * * *^ 

Art. VIII, Sec. 127. No city or town shall issue any bonds or other interest- 
bearing obligations for any purpose or in any manner to an amount which, 
including existing indebtedness, shall at any time exceed 18 per centum of the 
assessed valuation of the real estate in the city or town subject to taxation, as 
shown by the last preceding assessment for taxes: Provided, however, That 
nothing above contained in this section shall apply to those cities and towns 
whose charters existing at the adoption of this constitution authorize a larger 
percentage of indebtedness than is authorized by this section : * * * 

Sec. 128. In cities and towns the assessment of real estate and personal prop- 
erty for the puriDose of municipal taxation shall be the same as the assessment 
thereof for the purpose of State taxation, whenever there shall be a State assess- 
ment of such property. 

Art. IX, Sec. 129. The general assembly shall establish and maintain an 
efficient system of public free schools throughout the State. 

Sec. 330. The general supervision of the school system shall be vested in a 
State board of education, composed of the governor, attorney general, super- 
intendent of public instruction, and three experienced educators to be elected 
quadrennially by the senate, from a list of eligibles, consisting of one from each 
of the faculties, and nominated by the respective boards of visitors or trustees, 
of the University of Virginia, the Virginia Military Institute, the Virginia Poly- 
technic Institute, the State Female Normal School, at Farmville, the School for 
the Deaf and Blind, and also of the College of William and Mary, so long as 
the State continue its annual appropriation to the last-named institution. 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 945 

The board thus coustitiited shall select and associate with itself two divi- 
sion superintendents of schools, one from a county and the other from a city, 
who shall hold office for two years, and whose powers and duties shall be 
identical with those of other members, except that they shall not participate 
in the appointment of any public-school official. 

Any vacancy occurring during the term of any member of the board shall be 
filled for the unexpired term by said board. 

Sec. 131. The superintendent of public instruction, who shall be an experi- 
enced educator, shall be elected by the qualified voters of the State at the same 
time and for the same term as the governor. Any vacancy in said office shall 
be filled for the unexpired term by the said board. 

His duties shall be prescribed by the State board of education, of which 
he shall be ex officio president ; and his compensation shall be fixed by law. 

Sec. 132. The duties and powers of the State board of education shall be as 
follows : 

First. It may, in its discretion, divide the State into appropriate school divi- 
sions, comprising not less than one county or city each, but no county or city 
shall be divided in the formation of such divisions. It shall, subject to the 
confirmation of the senate, appoint, for each of such divisions, one superin- 
tendent of schools, who shall hold office for four years, and shall prescribe his 
duties, and may remove him for cause and upon notice. 

Second. It shall have, regulated by law, the management and investment of 
the school fund. 

Third. It shall have authority to make all needful rules and regulations for 
the management and conduct of the schools, which, when published and dis- 
tributed, shall have the force and effect of law, subject to the authority of 
the general assembly to revise, amend, or repeal the same. 

Fourth. It shall select textbooks and educational appliances for use in the 
schools of the State, exercising such discretion as it may see fit in the selec- 
tion of books suitable for the schools in the cities and counties respectively. 

Fifth. It shall appoint a board of directors, consisting of five members, to 
serve without compensation, which shall have the management of the State 
library, and the appointment of a librarian and other employees thereof, sub- 
ject to such rules and regulations as the general assembly shall prescribe ; but 
the supreme court of appeals shall have the management of the law library 
and the appointment of the librarian and other employees thereof. 

Sec. 133. Each magisterial district shall constitute a separate school dis- 
trict, unless otherwise provided by law. In each school district there sh-all be 
three trustees selected, in the manner and for the term of office prescribed by 
law. 

Sec. 134. The general assembly shall set apart as a permanent and perpetual 
literary fund, the present literary fund of the State ; the proceeds of all public 
lands donated by Congress for public free-school purposes; of all escheated 
property; of all waste and unappropriated lands; of all property accruing 
to the State by forfeiture, and all fines collected for offenses committed against 
the State, and such other sums as the general assembly may appropriate. 

Sec. 135. The general assembly shall apply the annual interest on the literary 
fund ; that portion of the capitation tax provided for in the constitution to be 
paid into the State treasury, and not returnable to the counties and cities ; and 
an annual tax on property of not less than 1 nor more than 5 mills on the 
dollar to the schools of the primary and grammar grades, for the equal benefit 
of all of the people of the State, to be apportioned on a basis of school popu- 
lation; the number of children between the ages of 7 and 20 years in each 
school district to be the basis of such apportionment; but if at any time the 
several kinds or classes of property shall be segregated for the purposes of 
taxation, so as to specify and determine upon what subjects State taxes and 
upon what subject local taxes may be levied, then the general assembly may 
otherwise provide for a fixed appropriation of State revenue to the support 
of the schools not less than that provided in this section. 

Sec. 136. Each county, city, town, if the same be a separate school district, 
and school district is authorized to raise additional sums by a tax on property, 
not to exceed in the aggregate 5 mills on the dollar in any one year, to be 
apportioned and expended by the local school authorities of said counties, 
cities, towns, and districts in establishing and maintaining such schools as 
in their judgment the public welfare may require: Provided, That such pri- 
mary schools as may be established in any school year shall be maintained at 

3966°— 15 60 



946 STATE LAWS RELATING TO PUBLIC EDUCATION. 

least four inontlis of tliat school year before any part of tlie fund assessed 
and collected may be devoted to tlie establisbment of schools of higher grade. 
The boards of superA'isors of the several counties, and the councils of the 
several cities, and towns if the same be separate school districts, shall pro- 
vide for the levy and collection of such local school taxes. 

Sec. 137. The general assembly may establish agricultural, normal, manual- 
training, and technical schools, and such grades of schools as shall be for the 
public good. 

Sec. 138. The general assembly may, In its discretion, provide for the com- 
pulsory education of children between the ages of 8 and 12 years, except such 
as are weak in body or mind, or can read and write, or are attending private 
schools, or are excused for cause by the district school trustees. 

Sec. 139. Provision shall be made to supply children attending the public 
schools with necessary textbooks in cases where the parent or guardian is 
unable, by reason of poverty, to furnish them. ^ 

Sec. 140. White and colored children shall not be taught in the same schoolf. 
^■^~~Sec. 141. No appropriation of public funds shall be made to any school ev 
institution of learning not owned or exclusively controlled by the State or some 
political subdivision thereof : Provided, First, that the general assembly may, in 
its discretion, continue the appropriations to the College of William and Mary ; 
second, that this section shall not be construed as requiring or prohibiting the 
continuance or discontinuance by the general assembly of the payment of inter- 
est on certain bonds held by certain schools and colleges as provided by an act 
of the general assembly approved February 23, 1892, relating to bonds held by 
schools and colleges ; third, that counties, cities, towns, and districts may make 
appropriations to nonsectrian schools of manual, industrial, or technical train- 
ing, and also to any school or institution of learning owned or exclusively con- 
trolled by such county, city, town, or school district. 

Sec. 142. Members of the boards of visitors or trustees of educational institu- 
tions shall be appointed as may be provided by law and shall hold for the term 
of four years: Provided, That at the first appointment, if the board be of an 
even number, one-half of them, or, if of an odd number, the least majority of 
them, shall be appointed for two years. 

Aet. X, Sec. 146. The president of the board of agriculture and immigration 
shall be ex oflScio a member of the board of visitors of the Virginia Polytechnic 
Institute. 

Art XIII, Sec. 173. The general assembly shall levy a State capitation tax 
of, and not exceeding, $1.50 per annum on every male resident of the State not 
less than 21 years of age, except those pensioned by this State for military 
services, $1 of which shall be applied exclusively in aid of the public free 
school. * * * jjij^e general assembly may authorize the board of super- 
visors of any county or the council of any city or town to levy an additional 
capitation tax not exceeding $1 per annum on every such resident within its 
limits, which shall be applied in aid of the public schools of such county, city, 
or town, or for such other county, city, or town purposes as they shall determine. 



WASHINGTON. 



Art. I, Sec. 33. Every elective public officer in the State of Washington except 
judges of courts of record is subject to recall and discharge by the legal voters 
of the State or of the political subdivision of the State from which he was 
elected whenever a petition demanding his recall, reciting that such officer has 
committed some act or acts of malfeasance or misfeasance while in office, or 
who has violated his oath of office, stating the matters complained of, signed by 
the percentages of the qualified electors thereof, hereinafter provided. * * * 

Sec 34. * * * The percentages required shall be, State officers, other than 
judges, senators, and representatives, city officers of cities of the first class, 
school district boards in cities of the first class, county officers of counties of 
the first, second, and third classes, 25 per cent. Officers of all other political 
subdivisions, cities, towns, townships, precincts, and school districts not herein 
mentioned, and State senators and representatives, 35 per cent. 

Art. II, Sec. 28. The legislature is prohibited from enacting any private or 
s-pecial law in the following cases: * * * For authorizing the apportion- 
ment of any part of the school fund. * * * Providing for the management 
of common schools. * * * 



COKSTITUTIONAL PROVISIONS AS TO EDUCATION. 947 

Akt. Ill, Sec 1. The executive department shall consist of a governor, * * * 
superintendent of public instruction, and a commissioner of public lands, who 
shall be severally chosen by the qualified electors of the State at the same time 
and place of voting as for the members of the legislature. 

Sec. 3. The * * * superintendent of public instruction and commissioner 
of public lands shall hold their offices for four years, respectively, and until 
their successors are elected and qualified. 

Sec. 4, The returns of every election for the offices named in the first section 
of this article shall be sealed up and transmitted to the seat of government by 
the returning officers, directed to the secretary of state, who shall deliver the 
same to the speaker of the house of representatives at the first meeting of the 
house thereafter, v/ho shall open, publish, and declare the result thereof in the 
presence of a majority of the members of both houses. The person having the 
highest number of votes shall be declared duly elected, and a certificate thereof 
shall be given to such person, signed by the presiding officers of both houses; 
but if any two or more shall be highest and equal in votes for the same office, 
one of them shall be chosen by the joint vote of both houses. Contested elec- 
tions for such officers shall be decided by the legislature in such manner as 
shall be decided by law. The terms of all officers named in section 1 of this 
article shall commence on the second Monday in January after their election 
imtil otherwise provided by law. 

Sec. 22. The superintendent of public instruction shall have supervision over 
all matters i^ertainiug to public schools, and shall perform such specific duties 
as may be prescribed by law. He shall receive an annual salary of $2,500, 
which may be increased by law, but shall never exceed $4,000 per annum. 

Sec. 24. The * * * superintendent of public instruction, commissioner of 
public lands, and attorney general shall severally keep the public records, books, 
and papers relating to their respective offices at the seat of government. * * * 
■ Aet. YI, Sec 4. For the puri>ose of voting and eligibility to office no person 
shall be deemed to have gained a residence by reason of his presence, or lost 
it by reason of his absence, * * * while a student at any institution of 
learning. * * * 

Aet. VII, Sec. 2. * * * The property of * * * school districts * * * 
shall be exempt from taxation. 

Aet. VIII, Sec. 6. No county, city, town, school district, or other municipal 
corporation shall for any purpose become indebted in any manner to an amount 
exceeding IJ per cent of the taxable property in such county, city, town, 
school district, or other municipal corporation without the assent of three- 
fifths of the voters therein at an election to be held for that purpose, nor in 
cases requiring such assent shall the total indebtedness at any 'time exceed 5 
per cent on the value of the taxable property therein, to be ascertained by the 
last assessment for State and county purposes previous to the incurring of 
such indebtedness. * * * 

Aet. IX, Sec 1. It is the paramount duty of the State to make ample pro- 
vision for the education of all children residing within its borders without 
distinction or preference on account of race, color, caste, or sex. 

Sec 2. The legislature shall provide for a general and uniform system of 
public schools. The public-school system shall include common schools and 
such high schools, normal schools, and technical schools as may hereafter be 
established. But the entire revenue derived from the common-school fund 
and the State tax for common schools shall be exclusively applied to the sup- 
port of the common schools. 

Sec 3. The principal of the common-school fund shall remain permanent and 
irreducible. The said fund shall be derived from the following-named sources, 
to wit : Appropriations and donations by the State to this fund ; donations and 
bequests by individuals to the State or public for common schools ; the proceeds 
of lands and other property which revert to the State by escheat and forfeiture ; 
the proceeds of all property granted to the State when the purpose of the 
grant is not specified or is uncertain ; funds accumulated in the treasury of the 
State for the disbursement of which provision has not been made by law ; the 
proceeds of the sale of timber, stone, minerals, or other property from school 
and State lands, other than those granted for specific purposes: all monej^'? 
received from persons appropriating timber, stone, minerals, or other property 
from school and State lands other than those granted for specific purposes, and 
all moneys other than rental recovered from persons trespassing on said lands ; 
5 per cent of the proceeds of the sale of public lands lying within the State, 
which shall be sold by the United States subsequent to the admission of the 



948 STATE LAWS RELATING TO PUBLIC EDUCATION. 

State into the Union as approved by section 13 of the act of Congress enabling 
the admission of the State into the Union; the principal of all funds arising 
from the sale of lands and other property which have been, and hereafter may 
be, granted to the State for the support of common schools. The legislature 
may make further provisions for enlarging said fund. The interest accruing 
on said fund, together with all rentals and other revenues derived therefrom, 
and from lands and other property devoted to the common-school fund, shall be 
exclusively applied to the current use of the common schools. 

Sec. 4. All schools maintained or supported wholly or in part by the public 
funds shall be forever free from sectarian control or influence. 

Sec. 5. All losses to the permanent common school or any other State educa- 
tional fund, which shall be occasioned by defalcation, mismanagement, or 
fraud of the agents or officers controlling or managing the same, shall be audited 
by the proper authorities of the State. The amount so audited shall be a 
permanent funded debt against the State in favor of the particular fund sus- 
taining such loss, upon which not less than 6 per cent annual interest shall be 
paid. The amount of liability so created shall not he counted as a part of the 
indebtedness authorized and limited elsewhere in this constitution. 

Art. XIII, Sec. 1. Educational, reformatory, and penal institutions ; those for 
the benefit of blind, deaf, dumb, or otherwise defective youth, for the insane 
or idiotic, and such other institutions as the public good may require, shall be 
fostered and supported by the State, subject to such regulations as may be 
provided by law. The regents, trustees, or commissioners of all such institu- 
tions existing at the time of the adoption of this constitution, and of such as 
shall thereafter be established by law, shall be appointed by the governor, by 
and with the advice and consent of the senate. * * * 

Art. XVI, Sec. 2. None of the lands granted to the State for educational 
purposes shall be sold otherwise than at public auction to the highest bidder. 
The value thereof, less the improvements, shall, before any sale, be appraise'd 
by a board of appraisers, to be provided by the law, the terms of payment also 
to be prescribed by law, and no sale shall be valid unless the sum bid be equal 
to the appraised value of said land. In estimating the value of such lands for 
disposal, the value of the improvements thereon shall be excluded: Provided, 
That the sale of all school and university land heretofore made by the com- 
missioners of any county or the university commissioners, when the purchase 
price has been paid in good faith, may be confirmed by the legislature. 

Sec 3. No more than one-fourth of the land granted to the State for educa- 
tional purposes shall be sold prior to January 1, 1895, and not more than one- 
half prior to January 1, 1905 : Provided, That nothing herein shall be construed 
as to prevent the State from selling the timber or stone off of any of the State 
lands in such manner and on such terms as may be prescribed by law: And 
provided further, That no sale of timber lands shall be valid unless the full 
value of such lands is paid or secured to the State. 

Sec 4. No more than 160 acres of any granted lands of the State shall be 
offered for sale in one parcel, and all lands within the limits of any incor- 
porated city, or within 2 miles of the boundary of any incorporated city, where 
the valuation of such lands shall be found by appraisment to exceed $100 per 
acre, shall, before the same be sold, be platted into lots and blocks of not more 
than 5 acres in a block, and not more than one block shall be offered for sale 
in one parcel. 

Sec 5. None of the permanent school fund of this State shall ever be loaned 
to private persons or corporations, but it may be invested in national, State, 
county, municipal, or school-district bonds. 



WEST VIRGINIA. 

Art. VII, Sec 1. The executive department shall consist of a governor, sec- 
retary of state. State superintendent of free schools, auditor, treasurer, and 
attorney general. * * * Their terms of office, respectively, shall be four 
years, and shall commence on the 4th day of March next after their elec- 
tion. * * * 

Sec 2. An election for governor, secretary of state, State superintendent of 
free schools, auditor, treasurer, and attorney general, shall be held at such 
times and places as may be prescribed by law. 

Sec 17. If the office of secretary of state, auditor, treasurer, State superin- 
tendent of free schools, or attorney general, shall become vacant by death, 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 949 

resignation, or otherwise, it shall be the dutj^ of the governor to till the same by 
appointment, and the appointee shall hold his oflQce until his successor shall be 
elected and qualified in such manner as may be prescribed by law. * * * 

Art. X, Sec. i. * * * Property used for educational, literary, scientific, 
religious, or charitable purposes; all cemeteries and public property may, by 
law, be exempted from taxation. * * * 

Sec. 2. The legislature shall levy an annual capitation tax of $1 upon each 
male inhabitant of the State who has attained the age of 21 years, which shall 
be annually appropriated to the support of free schools. Persons afflicted with 
bodily infirmity may be exempted from this tax. 

Sec. 5. The power of taxation of the legislature shall extend to provisions 
for the payment of the State debt and interest thereon, the support of free 
schools, and the payment of the annual estimated expenses of the State. * * * 

Sec. 7. County authorities shall never assess taxes, in any one year, the 
aggregate of which shall exceed 95 cents per $100 valuation, except for the 
support of free schools, payment of indebtedness existing at the time of the 
adoption of this constitution, and for the payment of any indebtedness with 
the interest thereon, created under the succeeding section, unless such assess- 
ment, w^ith all questions involving the increase of such aggregate shall have 
been submitted to the vote of the people of the county, and have received 
three-fifths of all the votes cast for and against it. 

Sec. 8. No county, city, school district, or municipal corporation, except in 
cases where such corporations have already authorized their bonds to be issued, 
shall hereafter be allowed to become indebted in any manner or for any purpose 
to an amount, including existing indebtedness, in the aggregate, exceeding 5 
per centum on the value of the taxable property therein to be ascertained by 
the last assessment for State and county taxes, previous to the incurring of 
such indebtedness ; nor without at the same time providing for the collection of 
a direct annual tax sufficient to pay annually the interest on such debt and the 
principal thereof within and not exceeding 34 years: Provided, That no debt 
shall be contracted under this section unless all questions connected with the 
same shall have been first submitted to a vote of the people, and have received 
three-fifths of all the votes cast for and against the same. 

Art. XII, Sec. 1. The legislature shall provide by general law for a thorough 
and efficient system of free schools. 

Sec. 2. The State superintendent of free schools shall have a general super- 
vision of free schools, and perform such other duties in relation thereto as may 
be prescribed by law. If in the performance of any such duty imposed upon 
him by the legislature he shall incur any expenses, he shall be reimbursed 
therefor : Provided, The amount does not exceed $500 in any one year. 

Sec 3. The legislature may provide for county superintendents and such 
other officers as may be necessary to carry out the objects of this article and 
define their duties, powers, and compensation. 

Sec 4. The existing permanent and invested school fund, and all money 
accruing to this State from forfeited, delinquent, waste, and unappropriated 
lands ; and from lands heretofore sold for taxes and purchased by the State of 
Virginia, if hereafter redeemed or sold to others than this State; all grants, 
devises, or bequests that may be made to this State for the purposes of educa- 
tion, or where the purposes of such grants, devices, or bequests are not specified ; 
this State's just share of the literary fund of Virginia, whether paid over or 
otherwise liquidated; and any sums of money, stocks, or property which this 
State shall have the right to claim from the State of Virginia for educational 
purposes; the proceeds of the estates of persons who may die without leaving 
a will or heir, and of all escheated lands ; the proceeds of any taxes that may 
be levied on the revenues of any corporation; all moneys. that may be paid as 
an equivalent for exemption from military duty ; and such sums as may from 
time to time be appropriated by the legislature for the purpose, shall be set 
apart as a separate fund to be called the " school fund," and invested under 
such regulations as may be prescribed by law, in the interest-bearing securities 
of the United States, oi* of this State, or if such interest-bearing securities can 
not be obtained, then said " school fund " shall be invested in such other sol- 
vent, interest-bearing securities as shall be approved by the governor, sui>erin- 
tendent of free schools, auditor, and treasurer, who are hereby constituted the 
board of the school fund, to manage the same under such regulations as may be 
prescribed by law ; and the interest thereof shall be annually applied to the 
support of free schools throughout the State, and to no other purpose whatever. 
But any portion of said interest remaining unexpended at the close of a fiscal 



950 STATE LA.WS RELATING TO PUBLIC EDUCATION. 

year sliall be added to and remain a part of the capital of tlie " seliool fund " : 
Provided, That all taxes which shall be received by the State upon delinquent 
lands, except the taxes due to the State thereon, shall be refunded to the county 
or district by or for which the same were levied. 

(The accumulation of the school fund provided for in section 4 of article 12, 
of the constitution of this State, shall cease upon the adoption of this amend- 
ment, and all money to the credit of said fund over $1,000,000, together with the 
interest on said fund, shall be used for the support of the free schools of this 
State. All money and taxes heretofore payable into the treasury under the 
provision of the said section 4, to the credit of the school fund shall be hereafter 
paid into the treasury to the credit of the general school fund for the support 
of the free schools of the State.) 

Sec. 5. The legislature shall provide for the support of free schools by appro- 
priating thereto the interest of the invested '^ school fund," the net proceeds 
of all forfeitures and fines accruing to this State under the laws thereof ; the 
State capitation tax, and by general taxation of persons and property or other- 
wise. It shall also provide for raising in each county or district, by the au- 
thority of the people thereof, such a proportion of the amount required for the 
support of free schools therein as shall be prescribed by general laws. 

Sec. 6. The school districts into which any county is now divided shall con- 
tinue until changed in pursuance of law. 

Sec. 7. All levies that may be laid by any county or district for the purpose 
of free schools shall be reported to the clerk of the county court; and shall, 
under such regulations as may be prescribed by law, be collected by the sheriff 
or other collector, who shall make annual settlement with the county court; 
which settlement shall be made a matter of record by the clerk thereof, in a 
book to be kept for that purpose. 

Sec. 8. White and colored persons shall not be taught In the same school. 

Sec. 9. No person connected with the free school system of the State, or with 
any educational institution of any name or grade under State control, shall be 
interested in the sale, proceeds, or profits of any book or other thing used, or 
to be used therein, under such penalties as may be prescribed by law: Pi^o- 
vided, That nothing herein shall be construed to apply to any work written, or 
thing invented, by such person. 

Sec. 10. No independent free-school district or organization shall hereafter 
be created, except with the consent of the school district or districts out of 
which the same is to be created, expressed by a majority of the voters voting 
on the question. 

Sec 11. No appropriation shall hereafter be made to any State normal school, 
or branch thereof, except to those already established and in operation, or now 
chartered. 

Sec. 12. The legislature shall foster and encourage moral, intellectual, scien- 
tific, and agricultural improvement ; it shall, whenever it may. be practicable, 
make suitable provision for the blind, mute, and insane, and for the organiza- 
tion of such institutions of learning as the best interests of general education in 
the State may demand. 



WISCONSIN. 



Art. IV, Sec. 31. The legislature is prohibited from enacting any special or 
private laws in the following cases : * * * - Eighth. For authorizing the appor- 
tionment of any part of the school fund. * * * 

Art. X, Sec 1 [Amendment]. The supervision of public instruction shall be 
vested in a State superintendent and such other officers as the legislature shall 
direct; and their qualifications, powers, duties, and compensation shall be pre- 
scribed by law. The State superintendent shall be chosen by the qualified elec- 
tors of the State at the same time and in the same manner as members of the 
supreme court, and shall hold his office for four years frpm the succeeding first 
^Monday in July. * * * 

Sec 2. The proceeds of all lands that have been or hereafter may be granted 
by the United States to this State for educational purposes (except the lands 
heretofore granted for the purposes of a university) and all moneys, and the 
clear proceeds of all property that may accrue to the State by forfeiture or 
escheat, and all moneys which may be paid as an equivalent for exemption from 
military duty; and the clear proceeds of all fines collected, in the several coun- 
ties for any breach of the penal laws, and all moneys arising from any grant to 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 951 

the State where the purposes of such grant are not specified, and the 500,000 
acres of land, to which the State is entitled by the provisions of an act of Con- 
gress entitled "An act to appropriate the proceeds of the sales of the public 
lands, and to grant preemption rights," approved the 4th day of September, 
1841; and also the 5 per centum of the net proceeds of the public lands to which 
the State shall become entitled on her admission into the Union (if Congress 
shall consent to such appropriation of the two grants last mentioned) shall be 
set apart as a separate fund, to be called " the school fund," the interest of 
which and all other revenues derived from the school lands, shall be exclu- 
sively applied to the following objects, to wit : 

First. To the support and maintenance of common schools, in each school dis- 
trict, and the purchase of suitable libraries and apparatus therefor. 

Second. The residue shall be appropriated to the support and maintenance of 
academies and normal schools, and suitable libraries and apparatus therefor. 

Sec. 3. The legislature shall provide by law for the establishment of district 
schools, which shall be as nearly uniform as practicable; and such schools shall 
be free and without charge for tuition to all children between the ages of 4 
and 20 years ; and no sectarian instruction shall be allowed therein. 

Sec. 4. Each town and city shall be required to raise, by tax, annually, for the 
support of common schools therein, a sum not less than one-half the amount 
received by such town or city respectively for school purposes from the income 
of the school fund. 

Sec. 5. Provision shall be made by law for the distribution of the income of 
the school fund among the several towns and cities of the State for the support 
of common schools therein in some just proportion to the number of children 
and youth resident therein between the ages of 4 and 20 years, and no appropria- 
tion shall be made from the school fund to any city or town for the year in 
which said city or town shall fail to raise such tax ; nor to any school district 
for the year in which a school shall not be maintained at least three months. 

Sec. 6. Provision shall be made by law for the establishment of a State uni- 
versity at or near the seat of State government, and for connecting with the 
same, from tinrie to time, such colleges in different parts of the State as the in- 
terests of education may require. The proceeds of all lands that have been or 
may hereafter be granted by the United States to the State for the support of a 
university shall be and remain a perpetual fund, to be called " the university 
fund," the interest of which shall be appropriated to the support of the State 
university, and no sectarian instruction shall be allowed in such university. 

Sec 7. The secretary of state, treasurer, and attorney general shall constitute 
a board of commissioners for the sale of the school and university lands and for 
the investment of the funds arising therefrom. Any two of said commissioners 
shall be a quorum for the transaction of all business pertaining to the duties of 
their office. 

Sec. 8. Provision shall be made by law for the sale of all school and univer- 
sity lands after they shall have been appraised; and when any portion of such 
lands shall be sold and the purchase money shall not be paid at the time of sale 
the commissioners shall take security by mortgage upon the land sold for the 
sum remaining unpaid, with 7 per cent interest thereon, payable annually at the 
office of the treasurer. The commissioners shall be authorized to execute a good 
and sufficient conveyance to all purchasers of such lands and to discharge any 
mortgage taken as security when the sum thereon shall have been paid. The 
commissioners shall have power to withhold from sale any portion of such 
lands when they shall deem it expedient, and shall invest all moneys arising 
from the sale of such lands, as well as all other university and school funds, 
in such manner as the legislature shall provide, and shall give such security 
for the faithful performance of their duties as may be required by law. 

AiiT. XI, Sec. 3. * * * No country, city, town, village, school district, or 
other municipal corporation shall be allowed to become indebted in any manner 
or for any purpose to any amount, including existing indebtedness, in the aggre- 
gate exceeding 5 per centum on the value of the taxable property therein, to be 
ascertained by the last assessment for State and county taxes, previous to the 
incurring of such indebtedness. Any county, city, town, village, school district, 
or other municipal corporation incurring any indebtedness as aforesaid shall, 
before or at the time of doing so, provide for the collection of a direct annual 
tax sufficient to pay the interest on said debt as it falls due, and also to pay and 
discharge the principal thereof within 20 years from the time of contracting the 
same. 



952 STATE LAWS RELATING TO PUBLIC EDUCATION. 

WYOMING. 

Art. I, Sec. 19. No money of the State shall ever be given or appropriatecl 
to any sectarian or religious society or institution. 

Sec. 23. The right of citizens to opportunities for education should have 
practical recognition. The legislature shall suitably encourage means and 
agencies calculated to advance the sciences and liberal arts. 

Art. Ill, Sec. 27. The legislature shall not pass local or special laws in any 
of the following enumerated cases, that is to say : For * * * providing for 
the management of common schools; * * * creating offices or prescrib- 
ing the powers or duties of officers in counties, cities, townships, or school 
districts; * * *. 

Sec. 34. The general appropriation bills shall embrace nothing but appro- 
priations for the ordinary expenses of the legislative, executive, and judicial 
departments of the State, interest on the public debt and for public 
schools. * * * 

Sec. 36. No appropriation shall be made for charitable, industrial, educa- 
tional, or benevolent purposes to any person, corporation, or community not 
under the absolute control of the State, nor to any denominational or sectarian 
institution or association. 

Art. IV, Sec. 11. There shall be chosen by the qualified electors of the State 
at the times and places of choosing members of the legislature, a secretary of 
state, auditor, treasurer, and superintendent of public instruction, who shall 
have attained the age of 25 years respectively, shall be citizens of the United 
States, and shall have the qualifications of State electors. They shall severally 
hold their offices at the seat of government, for the term of four years and until 
their successors are elected and duly qualified. * * * 

Sec. 12, The powers and duties of the secretary of state, of State auditor, 
treasurer, and superintendent of public instruction shall be as prescribed 
by law. 

Sec. 13. Until otherwise provided by law, * * * the secretary of state. 
State auditor. State treasurer, and superintendent of public instruction shall 
each receive an annual salary of $2,000, and the salaries of any of the said 
officers shall not be increased or diminished during the period for which they 
were elected. * * * 

Art. VII, Sec. 1. The legislature shall provide for the establishment and 
maintenance of a complete and uniform system of public instruction, embrac- 
ing free elementary schools of every needed kind and grade, a university with 
such technical and professional departments as the public good may require 
and the means of the State allow, and such other institutions as may be 
necessary. 

Sec. 2. The following are declared to be perpetual funds for school purposes, 
of which the annual income only can be appropriated, to wit : Such per centum 
as has been or may hereafter be granted by Congress on the sale of lands in 
this State; all moneys arising from the sale or lease of sections Nos. 16 
and 36 in each township in the State, and the lands selected or that may be 
selected in lieu thereof ; the proceeds of all lands that have been or may here- 
after be granted to this State, where by the terms and conditions of the grant 
the same are not to be otherwise appropriated; the net proceeds of lands and 
other property and effects that may come to the State by escheat or forfeiture, 
or from unclaimed dividends or distributive shares of the estates of deceased 
persons; all moneys, stocks, bonds, lands, and other property now belonging 
to the common-school fund. 

Sec. 3. To the sources of revenue above mentioned shall be added all other 
grants, gifts, and devises that have been or- may hereafter be made to this 
State and not otherwise appropriated by the terms of the grant, gift, or devise. 

Sec. 4. All moneys, stocks, bonds, lands, and other property belonging to a 
county school fund, except such moneys and property as may be provided by 
law for current use in aid of public schools, shall belong to and be securely 
invested and sacredly preserved in the several counties as a county public- 
school fund, the income of which shall be appropriated exclusively to the use 
and support of free public schools in the several counties of the State. 

Sec. 5. All fines and penalties under general laws of the State shall belong 
to the public-school fund of the respective counties and be paid over to the 
custodians' of such funds for the current support of the public schools therein. 

Sec. 6. All funds belonging to the State for public school purposes, the 
interest and income of which only are to be used, shall be deemed trust funds 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 953 

in the care of the State, which shall keeio them for the exclusive benefit of the 
public schools, and shall make good any losses that may in any manner occur, 
so that the same shall remain forever inviolate and undiminished. None of such 
funds shall ever be invested or loaned except on the bonds issued by school 
districts, or registered county bonds of the State, or State securities of this 
State, or of the United States. 

Sec, 7. The income arising from the funds mentioned in the preceding section, 
together with all the rents of the unsold school lands and such other means as 
the legislature may provide, shall be exclusively applied to the support of free 
schools in every county in the State. 

Sec. 8. Provision shall be made by general law for the equitable distribution 
of such income among the several counties according to the number of children 
of school age in each; which several counties shall in like manner distribute 
the proportion of said fund by them received respectively to the several school 
districts embraced therein. But no appropriation shall be made from said 
fund to any district for the year in which a school has not been maintained 
for at least three months; nor shall any portion of any public-school funds 
ever be used to support or assist any private school, or any school, academy, 
seminary, college, or other institution of learning controlled by any church or 
sectarian organization or religious denomination whatsoever. 

Sec. 9. The legislature shall make such further provision, by taxation or 
otherwise, as with the income arising from the general school fund will create 
and maintain a thorough and efficient system of public schools, adequate to 
the proper instruction of all the youth of the State, between the ages of 6 and 
21 years, free of charge ; and in view of such provision so made, the legislature 
shall require that every child of sufficient physical and mental ability shall 
attend a public school during the period between 6 and 18 years for a time 
equivalent to three years, unless educated by other means. 

Sec. 10. In none of the public schools so established and maintained shall 
distinction or discrimination be made on account of sex, race, or color. 

Sec. 11. Neither the legislature nor the superintendent of public instruc- 
tion shall have power to prescribe textbooks to be used in the public schools. 

Sec. 12. No sectarian instruction, qualifications, or tests shall be imparted, 
exacted, applied, or in any manner tolerated in the schools of any grade or 
character controlled by the State, nor shall attendance be required at any 
religious service therein, nor shall any sectarian tenets or doctrines be taught 
or favored in any public school or institution that may be established under 
this constitution. 

Sec. 13. The governor, secretary of state, State treasurer, and superintendent 
of public instruction shall constitute the board of land commissioners, which, 
under direction of the legislature, as limited by this constitution, shall have the 
direction, control, leasing, and disposal of the lands of the State granted, or 
which may be hereafter granted for the support and benefit of public schools, 
subject to the further limitations that the sale of all lands shall be at public 
auction, after such delay (not less than the time fixed by Congress), in portions 
at proper intervals of time, and at such minimum prices (not less than the 
minimum fixed by Congress), as to realize the largest possible proceeds. 

Sec. 14. The general supervision of the public schools shall be intrusted to 
the State superintendent of public instruction, whose powers and duties shall 
be prescribed by law. 

Sec. 15. The establishment of the University of Wyoming is hereby con- 
firmed, and said institution, with its several departments, is hereby declared 
to be the University of the State of Wyoming, All lands which have been 
heretofore granted or which may be granted hereafter by Congress unto the 
university as such, or in aid of the instruction to be given in any of its 
departments, with all other grants, donations, or devises for said university, 
or for any of its departments, shall vest in said university, and be exclusively 
used for the purposes for which they were granted, donated, or devised. The 
said lands may be leased on terms approved by the land commissioners, but 
may not be sold on terms not approved by Congress. 

Sec. 16. The university shall be equally open to students of both sexes, 
irrespective of race or color; and, in order that the instuction funished may 
be as nearly free as possible, any amount in addition to the income from its 
grants of lands and other sources above mentioned, necessary to its support and 
maintenance in a condition of full efficiency shall be raised by taxation or 
otherwise, under provisions of the legislature. 



954 STATE LAWS EELATING TO PUBLIC EDUCATION. 

Sec. 17. The legislature sliall provide by law for the management of the 
university, its lands and other property by a board of trustees, consisting of 
not less than seven members, to be appointed by the governor by and with the 
advice and consent of the senate, and the president of the university, and 
superintendent of public instruction, as members ex officio, as such having the 
right to speak but not to vote. The duties and powers of the trustees shall be 
prescribed by law. 

Sec. 18. Such charitable, reformatory, and penal institutions as the claims 
of humanity and the public good may require shall be established and sup- 
ported by the State in such manner as the legislature may prescribe. They 
shall be under the general supervision of a State board of charities and 
reform, whose duties and powers shall be prescribed by law. 

Sec 23. The legislature shall have no power to change or to locate the seat 
of government, the State university, insane asylum, or State penitentiary, but 
may, after the expiration of 10 years after the adoption of this constitution, 
provide by law for submitting the question of the permanent location thereof, 
respectively, to the qualified electors of the State, at some general election, 
and a majority of all votes upon said question cast at said election shall be 
necessary to determine the location thereof. * * * 

Abt. IX, Sec. 3. No boy under the age of 14 years and no woman or girl of 
any age shall be employed or permitted to be in or about any coal, iron, or 
other dangerous mines for the purpose of employment therein : Provided, Jiow- 
ever, This provision shall not affect the employment of a boy or female of suitable 
age in an office or in the performance of clerical work at such mine or colliery. 

Art. XI Y, Sec 1. All State, * * * and school officers, * * * g^iall be 
paid fixed and definite salaries. The legislature shall, from time to time, fix 
the amount of such salaries as are not already fixed by this constitution, 
which shaU in all cases be in proportion to the value of the services- rendered 
and the duty performed. 

Sec 2. * * * State, county, city, town, and school officers shall be re- 
quired to keep a true and correct account of all fees collected by them, and to 
pay the same into the proper treasury when collected, and the officer whose duty 
it is to collect such fees shall be held responsible, under his bond, for neglect 
to collect the same. * * * 

Sec 3. The salaries of county officers shall be fixed by law within the fol- 
lowing limits, to wit: In counties having an assessed valuation not exceeding 
two millions of dollars, * * * the county superintendent shall not be paid 
more than $500 per year. * * * in counties having an assessed valu- 
ation of more than two millions of dollars and not exceeding five millions of 
dollars, * * * the county superintendent of schools shall not be paid more 
than $750 per year. * * * jj^ counties having more than $5,000,000 
assessed valuation, * * * the county superintendent of schools shall not 
be paid more than $1,000 per year. * * * 

Akt. XV, Sec 4. For State revenue there shall be levied annually a tax not 
to exceed 4 mills on the dollar of the assessed valuation of the property in the 
State except for the support of State educational and charitable institutions, 
the payment of the State debt, and the interest thereon. 

Sec 5. For county revenue there shall be levied annually a tax not to exceed 
12 mills on the dollar for all purposes, including general school tax, exclusive 
of State revenue, except for the payment of its public debt and the interest 
thereon. An additional tax of $2 for each person between the ages of 21 years 
and 50 years, inclusive, shall be annually levied for county school purposes. 

Sec 6. No incorporated city or town shall levy a tax to exceed 8 mills on 
the dollar in any one year, except for the payment of its public debt and the 
interest thereon. 

Sec 7. All moneys belonging to the State, or to any county, city, town, vil- 
lage, or other subdivision therein, except as herein otherwise provided, shall, 
whenever practicable, be deposited in a national bank or banks, or in a bank 
or banks incorporated under the laws of this State : Provided, That the bank 
or banks in which such money is deposited shall furnish security to be approved 
as provided by law, and shall also pay a reasonable rate of interest thereon. 
Such interest shall accrue to the fund fi'om which it is derived. 

Sec 8. The making of profit, directly or indirectly, out of State, county, city, 
town, or school-district money or other public fund, or using the same for 
any purpose not authorized by law, by any public officer, shall be deemed a 
felony, and shall be punished as provided by law. 



CONSTITUTIONAL PROVISIONS AS TO EDUCATION. 955 

Sec. 12. Tlie property of * * * school districts, * * * shall be ex- 
empt from taxation. * * * 

Art. XVI, Sec. 6. Neither the State nor any county, city, township, town, 
school district, or any other political subdivision, shall loan or give its credit 
or make donations to or in aid of any individual,, association, or corporation, 
except for the necessary support of the poor, nor subscribe to or become the 
owner of the capital stock of any association or corporation. * * * 

Art. XVIII, Sec. 1. The State of Wyoming hereby agrees to accept the grants 
of lands heretofore made, or that may be hereafter made by the United States 
to the State, for educational purposes, for public buildings and institutions and 
for other objects, and donations of money with the conditions and limitations 
that may be imposed by the act or acts of Congress, making such grants or dona- 
tions. Such lands shall be disposed of only at public auction to the highest 
responsible bidder, after having been duly appraised by the land commissioners 
at not less than three-fourths of the appraised value thereof, and for not less 
than $10 per acre. * * * 

Sec. 3. The governor, superintendent of public instruction, and secretary of 
state shall constitute a board of land commissioners who, under such regula- 
tions as may be provided by law, shall have the direction, control, disposition, 
and care of all lands that have been heretofore or may hereafter be granted to 
the State. 



APPENDIX B. 

FEDERAL LEGISLATION AFFECTING AGRICULTURAL COLLEGES AND 
EXPERIMENT STATIONS. 



Act of 1862 Donating Lands for Agricultural Colleges. 

[First Morrill Act.] 

AN ACT Donating public lands to the several States and Territories which may provide 
colleges for the benefit of agriculture and the mechanic arts. 

Be it enacted hy the Senate and House of Representatives of the United States 
of America in Congress assemUed, That there be granted to the several States 
for the purposes hereinafter mentioned an amount of public land, to be appor- 
tioned to each State a quantity equal to 30,000, acres for each Senator and 
Representative in Congress to which the States are respectively entitled by 
the apportionment under the census of 1860: Provided, That no mineral lands 
shall be selected or purchased under the provisions of this act. 

Sec. 2. And he it further enacted, That the lands aforesaid, after being sur- 
veyed, shall be apportioned to the several States in sections or subdivisions of 
sections, not less than one-quarter of a section ; and whenever there are public 
lands in a State subject to sale at private entry at $1.25 per acre, the quantity 
to which said State shall be entitled shall be selected from such lands within 
the limis of such State, and the Secretary of the Interior is hereby directed 
to issue to each of the States in which there is not the quantity of public lands 
subject to sale at private entry at $1.25 per acre to which said State may be 
entitled under the provisions of this act land scrip to the amount in acres for 
the deficiency of its distributive share ; said scrip to be sold by said States and 
the proceeds thereof applied to the uses and purposes prescribed in this act 
and for no other use or purpose whatsoever: Provided, That in no case shall 
any State to which land scrip may thus be Issued be allowed to locate the same 
within the limits of any other State or of any Territory of the United States, 
but their assignees may thus locate said land scrip upon any of the unappro- 
priated lands of the United States subject to sale at private entry at $1.25, 
or less, per acre : And provided further, That not more than 1,000,000 acres shall 
be located by such assignees in any one of the States: And provided further. 
That no such location shall be made before one year from the passage of 
this act. 

Sec. 3. And he it further enacted, That all the expenses of management, 
superintendence, and taxes from date of selection of said lands, previous to 
their sales, and all expenses incurred in the management and disbursement of 
the moneys which may be received therefrom, shall be paid by the States to 
which they may belong, out of the treasury of said States, so that the entire 
proceeds of the sale of said lands shall be applied without any diminution what- 
ever to the purposes hereinafter mentioned. 

Sec. 4 (original). And he it further enacted. That all moneys derived from 
the sale of the lands aforesaid by the States to which the lands are apportioned, 
and from the sales of land scrip hereinbefore provided for, shall be invested in 
stocks of the United States or of the States, or some other safe stocks, yielding 
not less than 5 per centum upon the par value of said stocks; and that the 
moneys so invested shall constitute a perpetual fund, the capital of which shall 
remain forever undiminished (except so far as may be provided in section 5 
of this act), and the interest of which shall be inviolably appropriated by each 
State which may take and claim the benefit of this act, to the endowment, sup- 
port, and maintenance of at least one college where the leading object shall be, 
without excluding other scientific and classical studies, and including military 
tactics, to teach such branches of learning as are related to agriculture and the 
mechanic arts, in such manner as the legislatures of the States may respectively 

956 



FEDERAL LAWS AS TO AGRICULTUEAL COLLEGES. 957 

prescribe, iii order to promote the liberal and practical education of the indus- 
trial classes in the several pursuits and professions in life. 

Sec. 4 (as amended Mar. 3, 1883). That all moneys derived from the sale of 
lands aforesaid by the States to which lands are apportioned, and from the sales 
of land scrip hereinbefore provided for, shall be invested in stocks of the United 
States or of the States, or some other safe stocks ; or the same may be invested 
by the States having no State stocks in any other manner after the legislatures 
of such States shall have assented thereto, and engaged that such funds shall 
yield not less than 5 per centum upon the amount so invested and that the prin- 
cipal thereof shall forever remain unimpaired: Provided, That the moneys so 
invested or loaned shall constitute a perpetual fund, the capital of which shall 
remain forever undiminished (except so far as may be provided in section 5 of 
this act), and the interest of which shall be inviolably appropriated, by each 
State which may take and claim the benefit of this act, to the endowment, sup- 
port, and maintenance of at least one college where the leading object shall be, 
without excluding other scientific and classical studies, and including military 
tactics, to teach such branches of learning as are related to agriculture and the 
mechanic arts, in such manner as the legislatures of the States may respectively 
prescribe, in order to promote the liberal and practical education of the industrial 
classes in the several pursuits and professions in life. 

Sec. 5. And he it further enacted, That the grant of land and land scrip hereby 
authorized shall be made on the following conditions, to which, as well as to the 
provisions hereinbefore contained, the previous assent of the several States shall 
be signified by legislative acts : 

First. If any portion of the fund invested, as provided by the foregoing sec- 
tion, or any portion of the interest thereon, shall, by any action or contingency, 
be diminished or lost, it shall be replaced by the State to which it belongs, so 
that the capital of the fund shall remain forever undiminished; and the annual 
interest shall be regularly applied without diminution to the purposes mentioned 
in the fourth section of this act, except that a sum, not exceeding 10 per centum 
upon the amount received by any State under the provisions of this act, may be 
expended for the purchase of lands for sites or experimental farms whenever 
authorized by the respectiye legislatures of said States. 

Second. No portion of said fund, nor the interest thereon, shall be applied, 
directlj^ or indirectly, under any pretense whatever, to the purchase, erection, 
preservation, or repair of any building or buildings. 

Third. Any State which may take and claim the benefit of the provisions of 
this act shall provide, within five years, at least not less than one college, as 
described in the fourth section of this act, or the grant to such State shall 
cease; and said State shall be bound to pay the United States the amount 
received of any lands previously sold and that the title to purchasers under the 
State shall be valid. 

Fourth. An annual report shall be made regarding the progress of each col- 
lege, recording any improvements and experiments made, with their cost and 
results, and such other matters, including State industrial and economical sta- 
tistics, as may be supposed useful, one copy of which shall be transmitted by 
mail free, by each, to all the other colleges which may be endowed under the 
provisions of this act, and also one copy to the Secretary of the Interior, 

Fifth. When lands shall be selected from those which have been raised to 
double the minimum price, in consequence of railroad grants, they shall be com- 
puted, to the States at the maximum price and the number of acres proportion- 
ately diminished. 

Sixth. No State while in a condition of rebellion or insurrection against the 
Government of the United States shall be entitled to the benefit of this act. 

Seventh. No State shall be entitled to the benefits of this act unless.it shall 
express its acceptance thereof by its legislature within twO' years from the date 
of its approval by the President. 

Sec. 6. And he it further enacted, That land scrip issued under the provision>=j 
of this act shall not be subject to location until after the 1st day of January, 
1863. 

Sec. 7. And he it further enacted. That the land officers shall receive the same 
fees for locating land scrip issued under the provisions of this act as is now 
allowed for the location of military bounty land warrants under existing laws : 
Provided, That their maximum compensation shall not be thereby increased. 

Sec. 8. And he it further enacted, That the governors of the several States to 
which scrip shall be issued under this act shall be required to report annually to 



958 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Congress all sales made of such scrip until tlie whole shall be disposed of, the 
amount received for the same, and what appropriation has been made of the 
proceeds. 

Approved, July 2, 1862 (12 Stat. L., 503). 

Act of 1866 Extending the Time Within Which Agricultural Colleges 

May Be Established. 

AN ACT To amend the fifth section of an act entitled "An act donating public lands to 
the several States and Territories which may provide colleges for the benefit of agri- 
culture and the mechanic arts," approved July 2, 1862, so as to extend the time within 
which the provisions of said act shall be accepted and such colleges established. 

Be it enacted "by the Senate and House of Representatives of the United 
States of America in Congress assemUed, That the time in which the several 
States may comply with the provisions of the act of July 2, 1862, entitled "An 
act donating public lands to the several States and Territories which may pro- 
vide colleges for the benefit of agriculture and the mechanic arts," is hereby 
extended so that the acceptance of the benefits of the said act may be expressed 
within three years from the passage of this act, and the colleges required by the 
said act may be provided within five years from the date of the filing of such 
acceptance with the Commissioner of the General Land Office: Provided, That 
when any Territory shall become a State and be admitted into the Union such 
new States shall be entitled to the benefits of the said act of July 2, 1862, by 
expressing the acceptance therein required within three years from the date of 
its admission into the Union, and providing the college or colleges within five 
years after such acceptance, as prescribed in this act: Provided further. That 
any State which has heretofore expressed its acceptance of the act herein 
referred to shall have the period of five years within which to provide at least 
one college, as described in the fourth section of said act, after the time for pro- 
viding said college, according to the act of July 2, 1862, shall have expired. 

Approved, July 23, 1866 (14 Stat. L., 208). 

Act of 1890 for the Further Endowment of Agricultural Colleges. 

[Second Morrill Act] 

AN ACT To apply a portion of the proceeds of the public lands to the more complete 
endowment and support of the colleges for the benefit of agriculture and the mechanic 
arts established under the provisions of an act of Congress approved July 2, 1862. 

Be it enacted dy the Senate and House of Representatives of the United States 
of America in Congress assembled, That there shall be, and hereby is, annually 
appropriated, out of any money in the Treasury not otherwise appropriated, 
arising from the sales of public lands, to be paid as hereinafter provided, to 
each State and Territory for the more complete endowment and maintenace of 
colleges for the benefit of agriculture and the mechanic arts now established, 
or w^hich may be hereafter established, in accordance with an act of Congress 
approved July 2, 1862, the sum of $15,000 for the year ending June 30, 1890, 
and an annual increase of the amount of such appropriation thereafter for 10 
years by an additional sum of $1,000 over the preceding year, and the annual 
amount to be paid thereafter to each State and Territory shall be $25,000, to 
be applied only to instruction in agriculture, the mechanic arts, the English 
language, and the various branches of mathematical, physical, natural, and 
economic science, with special reference to their applications in the industries 
of life and to the facilities for such instruction: Provided, That no money 
shall be paid out under this act to any State or Territory for the support and 
maintenance of a college where a distinction of race or color is made in the 
admission of students, but the establishment and maintenance of such colleges 
separately for white and colored students shall be held to be a compliance witli 
the provisions of this act if the funds received in such State or Territory be 
equitably divided as hereinafter set forth: Provided, That in any State in 
which there has been one college established in pursuance of the act of July 2, 
1862, and also in which an educational institution of like character has been 
established, or may be hereafter established, and is now aided by such State 
from its own revenue, for the education of colored students in agriculture 
and the mechanic arts, however named or styled, or whether or not it has 
received money heretofore under the act to which this act is an amendment, the 
legislature of such State may propose and report to the Secretary of the Inte- 



FEDEEAL LAWS AS TO AGEICULTUKAL COLLEGES. 959 

rior a just and equitable division of tlie fund to be received under this act, 
between one college for white students and one institution for colored students, 
established as aforesaid, which shall be divided into two parts, and paid 
accordingly, and thereupon such institution for colored students shall be entitled 
to the benefits of this act and subject to its provisions, as much as it would 
have been if it had been included under the act of 1862, and the fulfillment of 
the foregoing provisions shall be taken as a compliance with the provision in 
reference to separate colleges for white and colored students. 

Sec. 2. That the sums hereby appropriated to the States and Territories for 
the further endowment and support of colleges shall be annually paid on or 
before the 31st day of July of each year, by the Secretary of the Treasury, upon 
the warrant of the Secretary of the Interior, out of the Treasury of the United 
States, to the State or Territorial treasurer, or to such officer as shall be desig- 
nated by the laws of such State or Territory to receive the same, who shall, 
upon the order of the trustees of the college or the institution for colored 
students, immediately pay over said sums to the treasurers of the respective 
colleges or other institutions entitled to receive the same, and such treasurers 
shall be required to report to the Secretary of Agriculture and to the Secretary 
of the Interior on or before the 1st day of September of each year a detailed 
statement of the amount so received and of its disbursement. The grants of 
moneys authorized by this act are made subject to the legislative assent of 
the several States and Territories to the purpose of said grants: Provided, 
That payments of such installments of the appropriation herein made as shall 
become due to any State before the adjournment of the regular session of legis- 
lature meeting next after the passage of this act shall be made upon the assent 
of the governor thereof, duly certified to the Secretary of the Treasury. 

Sec. 3. That if any portion of the moneys received by the designated ofllcer 
of the State or Territory for the further and more complete endowment, sup- 
port, and maintenance of colleges, or of institutions for colored students, as 
provided in this act, shall, by any action or contingency, be dismissed or lost, 
or be misapplied, it shall be replaced by the State or Territory to which It be- 
longs, and until so replaced no subsequent appropriation shall be apportioned 
or paid to such State or Territory; and no portion of said moneys shall be 
applied, directly or indirectly, under any pretense whatever, to the purchase, 
erection, preservation, or repair of any building or buildings. An annual report 
by the president of each of said colleges shall be made to the Secretary of Agri- 
culture, as well as to the Secretary of the Interior, regarding the condition and 
progress of each college, including statistical information in relation to its re- 
ceipts and expenditures, its library, the number of its students and professors, 
and also as to any improvements and experiments made under the direction of 
any experiment stations attached to said colleges, with their cost and results 
and such other industrial and economical statistics as may be regarded as use- 
ful, one copy of which shall be transmitted by mail free to all other colleges 
further endowed under this act. 

Sec. 4. That on or before the 1st day of July in each year, after the passage of 
this act, the Secretary of the Interior shall ascertain and certify to the Secre- 
tary of the Treasury as to each State and Territory, whether it is entitled to 
receive its share of the annual appropriation for colleges, or of Institutions for 
colored students, under this act and the amount which thereupon each is en- 
titled, respectively, to receive. If the Secretary of the Interior shall withhold 
a certificate from any State or Territory of its appropriation, the facts and 
reasons therefor shall be reported to the President, and the amount involved 
shall be kept separate in the Treasury until the close of the next Congress, in 
order that the State or Territory may, if it should so desire, appeal to Congress 
from the determination of the Secretary of the Interior. If the next Congress 
shall not direct such sum to be paid it shall be covered into the Treasury. 
And the Secretary of the Interior is hereby charged with the proper adminis- 
tration of this law. 

Sec 5. That the Secretary of the Interior shall annnally report to Congress 
the disbursements which have been made in all the States and Territories, and 
also whether the appropriation of any State or Territory has been withheld, 
and, if so, the reasons therefor. 

Sec 6. Congress may at any time amend, suspend, or repeal any or all of the 
provisions of this act. 

Approved, August 80, 1890 (26 Stat. L., 417). 



960 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Clause in Act Making Appropriations for the United States Department 
of Agriculture for the Fiscal Year Ending June 30, 1908, for the 
Further Endowment of Agricultural Colleges. 

[Nelson amendment.] 

* * * That there shall be, and hereby is, annually appropriated, out of any 
money in the Treasury not otherwise appropriated, to be paid as hereinafter 
provided to each State and Territory for the more complete endowment and 
maintenance of agricultural colleges now established, or which may hereafter be 
established, in accordance with the act of Congress approved July 2, 1862, and 
the act of Congress approved August 30, 1890, the sum of $5,000, in addition 
to the sums named in the said act, for the fiscal year ending June 30, 1908, 
and an annual increase of the amount of such appropriation thereafter for four 
years by an additional sum of $5,000 over the preceding year, and the annual 
sum to be paid thereafter to each State and Territory shall be $50,000, to be 
applied only for the purposes of the agricultural colleges as defined and limited 
in the act of Congress approved July 2, 1862, and the act of Congress approved 
August 30, 1890. 

That the sum hereby appropriated to the States and Territories for the fur- 
ther endowment and support of the colleges shall be paid by, to, and in the 
maimer prescribed by the act of Congress approved August 30, 1890, entitled 
"An act to apply a portion of the proceeds of the public lands to the more 
complete endowment and support of the colleges for the benefit of agriculture 
and the mechanic arts established under the provisions of an act of Congress 
approved July 2, 1862," and the expenditure of the said money shall be gov- 
erned in all respects by the provisions of the said act of Congress approved 
July 2, 1862, and the said act of Congress approved August 30, 1890 : Provided, 
That said colleges may use a portion of this money for providing courses for 
the special preparation of instructors for teaching the elements of agriculture 
and the mechanic arts. 

Approved, March 4, 1907 (34 Stat. L., 1256, 1281). 

Acts of 1888 and 1891 Providing for Detail of United States Army and 

Navy Officers to the Land-Grant Colleges. 

[Act of 1888.] 

AN ACT To amend section 1225 of the Revised Statutes, concerning details of ofiBcers of 
the Army and Navy to educational institutions, etc. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That section 1225 of the Kevised 
Statutes of the United States, as amended by an act of Congress approved 
July 5, 1884, be, and the same is hereby, further amended so as to read as 
follows : 

" Sec. 1225. The President may, upon the application of any established military 
institute, seminary or academy, college or university, within the United States 
having capacity to educate at the same time not less than 150 male students, 
detail an officer of the Army or Navy to act as superintendent or professor 
thereof ; but the number of olBcers so detailed shall not exceed 50 from the 
Army and 10 from the Navy, being a maximum of 60, at any time, and they 
shall be apportioned throughout the United States, first, to those State institu- 
tions applying for such detail that are required to provide instruction in mili- 
tary tactics under the provisions of the act of Congress of July 2, 1862, donating 
lands for the establishment of colleges where the leading object shall be the 
practical instruction of the industrial classes in agriculture and the mechanic 
arts, including military tactics; and after that, said details to be distributed, 
as nearly as may be practicable, according to population. The Secretary of 
War is authorized to issue, at his discretion and under proper regulations to 
be prescribed by him, out of ordnance and ordnance stores belonging to the 
Government, and which can be spared for that purpose, such number of the 
same as may appear to be required for military instruction and practice by the 
students of any college or university under the provisions of this section, and 
the Secretary shall require a bond in each case, in double the value of the 
property, for the care and safe-keeping thereof and for the return of the same 
when required : Provided, That nothing in this act shall be so construed as to 



FEDERAL LAWS AS TO AGEICULTUKAL COLLEGES. 961 

prevent the detail of officers of tlie Engineer Corps of the Navy as professors 
in scientific schools or colleges as now provided by act of Congress approved 
P'ebruary 26, 1879, entitled 'An act to promote a knowledge of steam engineering 
and iron-ship building among the students of scientific schools or colleges in 
the United States ' ; and the Secretary of War is hereby authorized to issue 
ordnance and ordnance stores belonging to the Government on the terms and 
conditions hereinbefore provided to any college or university at which a retired 
officer of the Army may be assigned as provided by section 1260 of the Revised 
Statutes. 

"Sec. 2. That the said section 1225 of the Revised Statutes of the United 
States, as amended by the said act of Congress approved July 5, 1884, and all 
acts and parts of acts inconsistent or in conflict with the provisions of this act 
be, and the same are hereby, repealed, saving always, however, all acts and 
things done under the said amended section as heretofore existing." 

Approved, September 26, 1888 (25 Stat. L., 491). 

[Act of 1891.] 

AN ACT To amend section 1225 of the Revised Statutes, concerning details of ofl5[cers of 
the Army and Navy to educational institutions. 

Be it enacted hy the Senate and House of Representatives of the United States 
of America in Congress assembled, That section 1225 of the Revised Statutes, 
concerning details of officers of the Army and Navy to educational institutions, 
be, and the same is hereby, amended so as to permit the President to detail under 
the provisions of said act, not to exceed 75 officers of the Army of the United 
States ; and the maximum number of officers of the Army and Navy to be de- 
tailed at any one time under the provisions of the act passed September 26, 
1888, amending said section 1225 of the Revised Statutes, is hereby increased 
to 85: Provided, That no officer shall be detailed to or maintained at any 
of the educational institutions mentioned in said act where instruction and 
drill in military tactics is not given : Provided further, That nothing in this act 
shall be so construed as to prevent the detail of officers of the Engineer Corps 
of the Navy as professors in scientific schools or colleges as now provided by 
act of Congress approved February 26, 1879, entitled "An act to promote a 
knowledge of steam engineering and iron-ship building among the students of 
scientific schools or colleges in the United States." 

Approved, January 13, 1891 (26 Stat. L., 716). 

Extract from Act of 1914 Permitting Sales by the Supply Departments 
of the Army to Certain Military Schools and Colleges. 

Under such regulations as the Secretary of War may prescribe, educational 
institutions to which an officer of the Army is detailed as professor of military 
science and tactics may purchase from the War Department for cash, for the 
use of their military students, such stores, supplies, materiel of war, and mili- 
tary publications as nre furnished to the Army, such sales to be at the price 
listed to the Army, with the cost of transportation added. 

Approved, July 17, 1914. 

Clause in Act Providing for the Printing, Binding, and Distribution of 
Public Documents Constituting the Land-Grant Colleges Depositories. 

"All land-grant colleges shall be constituted as depositories for public docu- 
ments, subject to the provisions and limitations of the depository laws." 
Approved, March 1, 1907. 

Act of 1887 Establishing Agricultural Experiment Stations. 

[Hatch Act] 

AN ACT To establish agricultural experiment stations in connection with the colleges 
established in the several States under the provisions of an act approved July 2, 1862, 
and of the acts supplementary thereto. 

Be it enacted hy the Senate and House of Representatives of the United States 
of AmeiHca in Congress assemhled, That in order to aid in acquiring and diffus- 
ing among the people of the United States useful and practical information on 

3966°— 15 61 



962 STATE LAWS RELATING TO PUBLIC EDUCATION. 

subjects connected with, agriculture, and to promote scientific investigation and 
experiment respecting the principles and applications of agricultural science, 
there shall be established under direction of the college or colleges or agricul- 
tural department of colleges in each State or Territory established, or which 
may hereafter be established, in accordance with the provisions of an act ap- 
proved July 2, 1862, entitled "An act donating public lands to the several States 
and Territories which may provide colleges for the benefit of agriculture and 
the mechanic arts," or any of the supplements to said act, a department to be 
known and designated as an " agricultural experiment station " : Provided, That 
in any State or Territory in which two such colleges have been or may be so 
established the appropriation hereinafter made to such State or Territory shall 
be equally divided between such colleges, unless the legislature of such State or 
Territory shall otherwise direct. 

Sec. 2. That it shall be the object and duty of said experiment stations to 
conduct original researches or verify experiments on the physiology of plants 
and animals ; the diseases to which they are severally subject, with the remedies 
of the same ; the chemical composition of useful plants at their different stages 
of growth; the comparative advantages of rotative cropping as pursued under 
the varying series of crops ; the capacity of new plants or trees for acclimation ; 
the analysis of soils and water ; the chemical composition of manures, natural 
or artificial, with experiments designed to test the comparative effects on crops 
of different kinds ; the adaptation and value of grasses and forage plants ; the 
composition and digestibility of the different kinds of food for domestic ani- 
mals ; the scientific and economic questions involved in the production of butter 
and cheese; and such other researches or experiments bearing directly on the 
agricultural industry of the United States as may in each case be deemed ad- 
visable, having due regard to the varying conditions and needs of the respective 
States or Territories. 

Sec. 8. That in order to secure, as far as practicable, uniformity of methods 
and results in the work of said stations, it shall be the duty of the United States 
Commissioner [now Secretary] of Agriculture to furnish forms, as far as prac- 
ticable, for the tabulation of results of investigation or experiments; to indicate 
from time to time such lines of inquiry as to him shall seem most important, 
and, in general, to furnish such advice and assistance as will best promote the 
purpose of this act. It shall be the duty of each of said stations annually, on or 
before the 1st of February, to make to the governor of the State or Territory in 
which it is located a full and detailed report of its operations, including a state- 
ment of receipts and expenditures, a copy of which report shall be sent to each 
of said stations, to the said Commissioner [now Secretary] of Agriculture, and 
to the Secretary of the Treasury of the United States. 

Sec. 4. That bulletins or reports of progress shall be published at said stations 
at least once in three months, one copy of which shall be sent to each newspaper 
in the States or Territories in which they are respectively located, and to such 
individuals actually engaged in farming as may request the same and as far as 
the means of the station will permit. Such bulletins or reports and the annual 
reports of said stations shall be transmitted in the mails of the United States 
free of charge for postage, under such regulations as the Postmaster General 
may from time to time prescribe. 

Sec 5. That for the purpose of paying the necessary expenses of conducting 
Investigations and experiments and printing and distributing the results as 
hereinbefore prescribed, the sum of $15,000 per annum is hereby appropriated 
to each State, to be specially provided for by Congress in the appropriations 
from year to year, and to each Territory entitled under the provisions of section 
8 of this act, out of any money in the Treasury proceeding from the sales of 
public lands, to be paid in equal quarterly payments on the 1st day of January, 
April, July, and October in each year, to the treasurer or other oflQcer duly 
appointed by the governing boards of said colleges to receive the same, the first 
payment to be made on the 1st day of October, 1887 : Provided, however. That 
out of the first annual appropriation so received by any station an amount not 
exceeding one-fifth may be expended in the erection, enlargement, or repair of 
a building or buildings necessary for carrying on the work of such station; 
and thereafter an amount not- exceeding 5 per centum of such annual appropri- 
ation may be so expended. 

Sec. 6. "'That whenever it shall appear to the Secretary of the Treasury from 
the annual statement of receipts and expenditures of any of said stations that 



FEDERAL LAWS AS TO AGEICULTUEAL COLLEGES. 963 

a portion of the preceding annual appropriation remains unexpended, sucli 
amount shall be deducted from the next succeeding annual appropriation to 
such station, in order that the amount of money appropriated to any station 
shall not exceed the amount actually and necessarily required for its mainte- 
nance and support. 

Sec. 7. That nothing in this act shall be construed to impair or modify the 
legal relation existing between any of the said colleges and the government of 
the States or Territories in which they are respectively located. 

Sec. 8. That in States having colleges entitled under this section to the bene- 
fits of this act and having also agricultural experiment stations established by 
law separate from said colleges, such States shall be authorized to apply such 
benefits to experiments at stations so established by such States; and in case 
any State shall have established, under the provisions of said act of July 2 
aforesaid, an agricultural department or experimental station in connection 
with any universfty, college, or institution not distinctly an agricultural college 
or school, and such State shall have established or shall hereafter establish a 
separate agricultural college or school, which shall have connected therewith 
an experimental farm or station, the legislature of such State may apply in 
whole or in part the appro'priation by this act made to such separate agricul- 
tural college or school, and no legislature shall by contract, express or implied, 
disable itself from so doing. 

Sec. 9. That the grants of moneys authorized by this act are made subject to 
the legislative assent of the several States and Territories to the purposes of 
said grants : Provided, That payment of such installments of the appropriation 
herein made as shall become due to any State before the adjournment of the 
regular session of its legislature meeting next after the passage of this act 
shall be made upon the assent of the governor thereof duly certified to the 
Secretary of the Treasury. 

Sec. 10. Nothing in this act shall be held or construed as binding the 
United States to continue any payments from the Treasury to any or all the 
States or institutions mentioned in this act, but Congress may at any time 
amend, suspend, or repeal any or all the provisions of this act. 

Approved, March 2, 1887 (24 Stat L., 440). 

Act of 1888 Amending (Hatch) Act of 1887. 

AN ACT To amend an act entitled "An act to establish agricultural stations in connec- 
tion with the colleges established in the several States under the provisions of an act 
approved July 2, 1862, and the acts supplementary thereto." 

Be it enacted dy the Senate and House of Representatives of the United States 
of America in Congress assembled, That the grant of money authorized by the 
act of Congress entitled "An act to establish agricultural experiment stations in 
connection with the colleges established in the several States under the provi- 
sions of an act approved July 2, 1862, and of acts supplementary thereto," are 
subject as therein provided to the legislative assent of the States or Territories 
to be affected thereby ; but as to such installments of the appropriations as may 
be now due or may hereafter become due, when the legislature may not be in 
session, the governor of said State or Territory may make the assent therein 
provided, and upon a duly certified copy thereof to the Secretary of the Treas- 
ury he shall cause the same to be paid in the manner provided in the act of 
which this is amendatory, until the termination of the next regular session of the 
legislature of such State or Territory. 

Approved, June 7, 1888 (25 Stat. L., 176.) 

Proviso in Act Making Appropriations for the United States Department 
of Agriculture for the Fiscal Year Ending June 30, 1890, Further 
Defining Work of Stations Established Under Act of March 2, 1887 
(Hatch Act). 

That, as far as practicable, all such stations shall devote a portion of their 
work to the examination and classification of soils of their respective States and 
Territories, with a view to securing more extended knowledge and better de- 
velopment of their agricultural capabilities. 

Approved, March 2, 1889 (25 Stat. L., 841.) 



964 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Act of 1906 for the Further Endowment of Agricultural Experiment 

Stations. 

[Adams Act.] 

AN ACT To provide for an increased annual appropriation for agricultural experiment 
stations and regulating the expenditure thereof. 

Be it enacted hy the Senate and House of Representatives of the United States 
of America in Congress asseniNed, That there shall be, and hereby is, annually 
appropriated, out of any money in the Treasury not otherwise appropriated, to 
be paid as hereinafter provided, to each State and Territory^ for the more com- 
plete endowment and maintenance of agricultural experiment stations now es- 
tablished or which may hereafter be established in accordance with the act of 
Congress approved March 2, 1887, the sum of $5,000 in addition to the sum 
named in said act for the year ending June SO, 1906, and an annual increase of 
the amount of such appropriation thereafter for five years by an additional 
sum of $2,000 over the preceding year, and the annual amount to be paid 
thereafter to each State or Territory shall be $30,000, to be applied only 
to paying the necessary expenses of conducting original researches or experi- 
ments bearing directly on the agricultural industry of the United States, hav- 
ing due regard to the varying conditions and needs of the respective States or 
Territories. 

Sec. 2. That the sums hereby appropriated to the States and Territories for 
the further endowment and support of agricultural experiment stations shall 
be annually paid in equal quarterly payments on the 1st day of January, April, 
July, and October of each year by the Secretary of the Treasury, upon the war- 
rant of the Secretary of Agriculture, out of the Treasury of the United States, 
to the treasurer or other officer duly appointed by the governing boards of said 
experiment stations to receive the same, and such officers shall be required to 
report to the Secretary of Agriculture on or before the 1st day of September of 
each year a detailed statement of the amount so received and of its disburse- 
ment, on schedules prescribed by the Secretary of Agriculture. The grants of 
money authorized by this act are made subject to legislative assent of the sev- 
eral States and Territories to the purpose of said grants : Provided, That pay- 
ment of such installments of the appropriation herein made as shall become due 
to any State or Territory before the adjournment of the regular session of legis- 
lature meeting next after the passage of this act shall be made upon the assent 
of the governor thereof, duly certified by the Secretary of the Treasury. 

Sec. 3. That if any portion of the moneys received by the designated officer of 
any State or Territory for the further and more complete endowment, support, 
and maintenance of agricultural experiment stations as provided in this act 
shall by any action or contingency be diminished or lost or be misapplied, it 
shall be replaced by said State or Territory to which it belongs, and until so 
replaced no subsequent appropriation shall be apportioned or paid to such State 
or Territory; and no portion of said moneys exceeding 5 per cent of each 
annual appropriation shall be applied, directly or indirectly, under any pretense 
whatever, to the purchase, erection, preservation, or repair of any building or 
buildings, or to the purchase or rental of land. It shall be the duty of each of 
said stations annually, on or before the 1st day of February, to make to the gov- 
ernor of the State or Territory in which it is located a full and detailed report 
of its operations, including a statement of receipts and expenditures, a copy of 
which report shall be sent to each of said stations, to the Secretary of Agricul- 
ture, and to the Secretary of the Treasury of the United States. 

Sec. 4. That on or before the 1st day of July in each year after the passage of 
this act the Secretary of Agriculture shall ascertain and certify to the Secretary 
of the Treasury as to each State and Territory whether it is complying with the 
provisions of this act and is entitled to receive its share of the annual appropria- 
tion for agricultural experiment stations under this act and the amount which 
thereupon each is entitled, respectively, to receive. If the Secretary of Agricul- 
ture shall withhold a certificate from any State or Territory of its appropria- 
tion, the facts and reasons therefor shall be reported to the President, and the 
amount involved shall be kept separate in the Treasury until the close of the 
next Congress, in order that the State or Territory may, if it shall so desire, 
appeal to Congress from the determination of the Secretary of Agriculture. If 
the next Congress shall not direct such sum to be paid, it shall be covered into 



FEDERAL LAWS AS TO AGRICULTURAL COLLEGES. 965 

the Treasury; and the Secretary of Agriculture is hereby charged with the 
proper administration of this law. 

Sec. 5. That the Secretary of Agriculture shall make an annual repoit to Con- 
gress on the receipts and expenditures and work of the agricultural experiment 
stations in all of the States and Territories, and also whether the appropriation 
of any State or Territory has been withheld, and if so, the reason therefor. 

Sec. 6. That Congress may at any time amend, suspend, or repeal any or all 
of the provisions of this act. 

Approved, March 16, 1906 (34 Stat. L., 63). 

Clause in Act Making Appropriations for the United States Department 
of Agriculture for the Fiscal Year Ending June 30, 190 7, Interpret- 
ing the Act of March 16, 1906 (Adams Act) . 

The act of Congress approved March 16, 1906, entitled "An act to provide for 
an increased annual appropriation for agricultural experihient stations and 
regulating the expenditure thereof," shall be construed to appropriate for each 
station the sum of $5,000 for the fiscal year ending June 30, 1906, the sum of 
$7,000 for the fiscal year ending June 30, 1907, the sum of $9,000 for the fiscal 
year ending June 30, 1908, the sum of $11,000 for the fiscal year ending June 30, 
1909, the sum of $13,000 for the fiscal year ending June 30, 1910, and the sum of 
$15,000 for the fiscal year ending June 30, 1911. The sum of $5,000 appropri- 
ated for the fiscal year 1906 shall be paid on or before June 30, 1906, and the 
amounts appropriated for the subsequent years shall be paid as provided in the 
said act to each State and Territory for the more complete endowment and 
maintenance of agricultural experiment stations now established or which may 
hereafter be established in accordance with the act of Congress approved March 
2, 1887. 

Approved, June 30, 1906 (34 Stat. L., 669, 696). 

Act of 1914 Providing for Cooperative Extension Work. 

[Smith-Lever Act.] 

AN ACT To provide for cooperative agricultural extension work between the agricultural 
colleges in the several States receiving the benefits of an act of Congress approved 
July 2, 1862, and of acts supplementary thereto, and the United States Department of 
Agriculture. 

Be it enacted "by tlie Senate and House of Representatives of the United 
States of America in Congress assemUed, That in order to aid in diffusing 
among the people of the United States useful and practical information on sub- 
jects relating to agriculture and home economics, and to encourage the applica- 
tion of the same, there may be inaugurated in connection with the college or 
colleges in each State now receiving, or which may hereafter receive, the bene- 
fits of the act of Congress approved Jilly 2, 1862, entitled "An act donating public 
lands to the several States and Territories which may provide colleges for the 
benefit of agriculture and the mechanic arts" (12 Stat. L., p. 503), and of the 
act of Congress approved August 30, 1890 (26 Stat. L., p. 417, chap. 841), 
agricultural extension work which shall be carried on in cooperation with the 
United States Department of Agriculture : Provided, That in any State in which 
two or more such colleges have been or hereafter may be established the appro- 
priations hereinafter made to such State shall be administered by such college 
or colleges as the legislature of such State may direct : Provided further, That, 
pending the inauguration and development of the cooperative extension work 
herein authorized, nothing in this act shall be construed to discontinue either 
the farm-management work or the farmers' cooperative demonstration work as 
now conducted by the Bureau of Plant Industry of the Department of Agri- 
culture. 

Sec. 2. That cooperative agricultural extension work shall consist of the giv- 
ing of instruction and practical demonstrations in agriculture and home eco- 
nomics to persons not attending or resident in said colleges in the several com- 
munities, and imparting to such persons information on said subjects through 
field demonstrations, publications, and otherwise; and this work shall be 
carried on in such manner as may be mutually agreed upon by the Secretary 
of Agriculture and the State agricultural college or colleges receiving the bene- 
fits of this act. 



966 STATE LAWS RELATING TO PUBLIC EDUCATION. 

Sec. 3. That for the purpose of paying the expenses of said cooperative agri- 
cultural extension work and the necessary printing and distributing of informa- 
tion in connection with the same, there is permanently appropriated, out of any 
money in the Treasury not otherwise appropriated, the sum of $480,000 for 
each year, $10,000 of which shall be paid annually, in the;^ manner hereinafter 
provided, to each State which shall by action of its legislature assent to the 
provisions of this act: Provided, That payment of such installments of the 
appropriation hereinbefore made as shall become due to any State before the 
adjournment of the regular session of the legislature meeting next after the 
passage of this act may, in the absence of prior legislative assent, be made 
upon the assent of the governor thereof, duly certified to the Secretary of the 
Treasury : Provided further. That there Is also appropriated an additional sum 
of $600,000 for the fiscal year following that in which the foregoing appropria- 
tion first becomes available, and for each year thereafter for seven years a 
sum exceeding by $500,000 the sum appropriated for each preceding year, and 
for each year theteafter there is permanently appropriated for each year the 
sum of $4,100,000 in addition to the sum of $480,000 hereinbefore provided: 
Provided further, That before the funds herein appropriated shall become avail- 
able to any college for any fiscal year plans for the work to be carried on under 
this act shall be submitted by the proper oflBcials of each college and approved 
by the Secretary of Agriculture. Such additional sums shall be used only for 
the purposes hereinbefore stated, and shall be allotted annually to each State 
by the Secretary of Agriculture and paid in the manner hereinbefore provided, 
in the proportion which the rural population of each State bears to the total 
rural population of all the States as determined by the next preceding Federal 
census : Provided further, That no payment out of the additional appropriations 
herein provided shall be made in any year to any State, until an equal sum 
has been appropriated for that year by the legislature of such State, or pro- 
vided by State, county, college, local authority, or individual contributions 
from within the State, for the maintenance of the cooperative agricultural ex- 
tension work provided for in this act. 

Sec. 4. That the sums hereby appropriated for extension work shall be paid in 
equal semiannual payments on the 1st day of January and July of each year 
by the Secretary of the Treasury upon the warrant of the Secretary of Agri- 
culture, out of the Treasury of the United States, to the treasurer or other 
ofllcer of the State duly authorized by the laws of the State to receive the same ; 
and such ofllcer shall be required to report to the Secretary of Agriculture, on 
or before the 1st day of September of each year, a detailed statement of the 
amount so received during the previous fiscal year, and of its disbursement, on 
forms prescribed by the Secretary of Agriculture. 

Sec 5. That if any portion of the moneys received by the designated officer of 
any State for the support and maintenance of cooperative agricultural extension 
work, as provided in this act, shall by any action or contingency be diminished 
or lost or be misapplied, it shall be replaced by said State to which it belongs, 
and until so replaced no subsequent appropriation shall be apportioned or paid 
to said State, and no portion of said moneys shall be applied, directly or indi- 
rectly, to the purchase, erection, preservation, or repair of any building or 
buildings, or the purchase or rental of land, or in college-course teaching, lec- 
tures in colleges, promoting agricultural trains, or any other purpose not speci- 
fied in this act, and not more than 5 per centum of each annual appropriation 
shall be applied to the printing and distribution of publications. It shall be the 
duty of each of said colleges annually, on or "before the 1st day of January, to 
make to the governor of the State in which it is located a full and detailed 
report of its operations in the direction of extension work as defined in this 
act, including a detailed statement of receipts and expenditures from all sources 
for this purpose, a copy of which report shall be sent to the Secretary of Agri- 
culture and to the Secretary of the Treasury of the United States. 
■ Sec. 6. That on or before the 1st day of July in each year after the passage of 
this act the Secretary of Agriculture shall ascertain and certify to the Secre-. 
tary of the Treasury as to each State whether it is entitled to receive its share 
of the annual appropriation for cooperative agricultural extension work under 
this act, and the amount which it is entitled to receive. If the Secretary of 
Agriculture shall withhold a certificate from any State of its appropriation, the 
facts and reasons therefor shall be reported to the President, and the amount 
involved shall be kept separate in the Treasury until the expiration of the Con- 
gress next succeeding a session of the legislature of any State from which a 
certificate has been withheld, in order that the State may, if it should so desire. 



FEDERAL LAWS AS TO AGRICULTURAL COLLEGES. 967 

appeal to Congress from the determination of the Secretary of Agriculture. If 
the next Congress shall not direct such sum to be paid, it shall be covered into 
the Treasury. 

Sec. 7. That the Secretary of Agriculture shall make an annual report to 
Congress of the receipts, exjienditures, and results of the cooperative agricul- 
tural extension worli in all of the States receiving the benefits of this act, and 
also whether the appropriation of any State has been vs^ithheld, and if so, the 
reasons therefor. 

Sec. 8. That Congress may at any time alter, amend, or repeal any or all of 
the provisions of this act. 

Approved, May 8, 1914. 

Franking Privilege in Connection with the Smith-Lever Act. 

[Extract from act making appropriations for the United States Department of Agriculture 
for the fiscal year ending June 30, 1915.] 

All correspondence, bulletins, and reports for the furtherance of the purposes 
of the act approved May 8, 1914, entitled "An act to provide for cooperative 
agricultural extension worli between the agricultural colleges in the several 
States receiving the benefits of an act of Congress approved July 2, 1862, and 
the acts supplementary thereto, and the United States Department of Agricul- 
ture," may be transmitted in the mails of the United States free of charge for 
postage, under such regulations as the Postmaster General, from time to time, 
may prescribe, by such college officer or other person connected with the exten- 
sion department of such college as the Secretary of Agriculture may designate 
to the Postmaster General. 

Annual Appropriations for the Experiment Stations and the Relations 
of the Office of Experiment Stations Thereto. 

[Extract from act making appropriations for the United States Department of Agricul- 
ture for the fiscal year ending June SO, 1915.] 

To carry into effect the provisions of an act approved March 2, 1887, entitled 
"An act to establish agricultural experiment stations in connection with the 
colleges established in the several States under the provisions of an act ap- 
proved July 2, 1862, and of the acts supplementary thereto," the sums appor- 
tioned to the several States and Territories to be paid quarterly in advance, 
$720,000 ; 

To carry into effect the provisions of an act approved March 16, 1906, en- 
titled "An act to provide for an increased annual appropriation for agricul- 
tural experiment stations and regulating the expenditure thereof," the sums 
apportioned to the several States and Territories to be paid quarterly in ad- 
vance, $720,000 : Provided, That not to exceed $15,000 shall be paid to each 
State and Territory under this act; 

To enable the Secretary of Agriculture to enforce the provisions of the above 
acts and the act approved May 8, 1914, entitled "An act to provide for coopera- 
tive agricultural extension work between the agricultural colleges in the 
several States receiving the benefits of an act of Congress approved July 2, 
1862, and of acts supplementary thereto, and the United States Department of 
Agriculture," relative to their administration, including the employment of 
clerks, assistants, and other persons in the city of Washington and elsewhere, 
freight and express charges, official traveling expenses, office fixtures, supplies, 
apparatus, telegraph and telephone service, gas, electric current, and rent out- 
side of the District of Columbia, $50,500 ; and the Secretary of Agriculture shall 
prescribe the form of the annual financial statement required under the above 
acts, ascertain whether the expenditures are in accordance with their pro- 
visions, and make report thereon to Congress. * * * 

To enable the Secretary of Agriculture to establish and maintain agricultural 
experiment stations in Alaska, Hawaii, Porto Rico, and the island of Guam, 
including the erection of buildings, the preparation, illustration, and distribu- 
tion of reports and bulletins, and all other necessary expenses, $120,000, as 
follows: Alaska, $40,000; Hawaii, $35,000; Porto Rico, $30,000; and Guam, 
$15,000; and the Secretary of Agriculture is authorized to sell such products 
as are obtained on the land belonging to the agricultural experiment stations in 
Alasks, Hawaii, Porto Rico, and the island of Guam, and this fund shall be 



968 STATE LAWS RELATING TO PUBLIC EDUCATION. 

available until used : Provided, That of the sum herein appropriated for the ex- 
periment station in Hawaii $5,000 may be used in agricultural extension work 
in Hawaii. 

Agricultural Education Work of the Office of Experiment Stations. 

[Extract from act making appropriations for the United States Department of Agricul- 
ture for the fiscal year ending June 30, 1915.] 

To enable the Secretary of Agriculture to investigate and report upon the 
organization and progress of farmers' institutes and agricultural schools in the 
several States and Territories, and upon similar organizations in foreign 
countries, with special suggestions of plans and methods for making such 
organizations more effective for the dissemination of the results of the work of 
the Department of Agriculture and the agricultural experiment stations, and of 
improved methods of agricultural practice, including the employment of labor in 
the city of Washington and elsewhere, and all other necessary expenses, $23,000. 



APPENDIX C. 

PUBLIC-SCHOOL SYSTEMS IN AMERICAN TERRITORIES, DISTRICTS, 
AND INSULAR POSSESSIONS. 



ALASKA. 



The education of Eskimos, Indians, and other aboriginal races in Alaska is 
under the direction and control of the Secretary of the Interior, who delegates 
such direction and control to the United States Commissioner of Education. 
An annual appropriation is made by Congress for the support of this work. The 
regulations governing the Alaska school service give to the local employees as 
much freedom of action as is consistent with the ultimate responsibility of the 
Commissioner of Education. The superintendent of education of natives of 
Alaska has general supervision of the work of the bureau of education in 
Alaska. Each of the five school districts is under the immediate charge of a 
district superintendent, appointed by the Secretary of the Interior upon the 
recommendation of the Commissioner of Education. The district superintendent 
delegates to the teachers large powers in local affairs,. The Commissioner of 
Education annually distributes to the purchasing agent in Seattle and to the 
district superintendents, from the appropriation made by Congress for education 
in Alaska, definite sums for the purchase of supplies, furniture, equipment, and 
fuel, for the payment of rental, for furnishing medical relief to natives, for the 
relief of destitute natives, and for the payment of traveling expenses. District 
superintendents, under authorizations from the Commissioner of Education, dis- 
tribute to teachers, physicians and nurses " subauthorizations " to enable them 
to make expenditures for local needs. Except in grave emergency no unau- 
thorized expenditure is permitted. The school service is for adults as well as 
for children. Instruction is given in native industries, household arts, personal 
hygiene, village sanitation, morality, nature and effects of alcholic drinks and 
narcotics, as well as in elementary English subjects. The English language is 
used in teaching. Children between the ages of 8 and 16 years, unless men- 
tally or physically incapacitated, residing within 1 mile of a tFnited States 
public school, are compelled to attend. 

The governor is ex oflicio superintendent of public instruction of the " Nelson " 
schools, and schools in incorporated towns. All moneys derived from liquor 
licenses, occupation, or trade licenses outside of incorporated towns are de- 
posited in the Treasury of the United States, and there constitute the "Alaska 
fund " ; one-fourth of this fund is devoted to the establishment and maintenance 
of public schools (known as Nelson schools) for the education of white children 
and children of mixed blood (outside of incorporated towns) who lead a civilized 
life. The clerk of the district court is required, upon petition of not less than 
12 qualified voters who reside in any camp, village, or settlement outside of the 
limits of an incorporated town, to establish a school district at such place. Each 
such district shall embrace not more than 40 square miles nor contain fewer 
than 20 children between 6 and 20 years old. It is also the duty of the clerk 
upon establishing a district to cause an election to be held for the selection of a 
school board to serve one year to consist of a clerk, a treasurer, and a director. 
The school board is authorized to acquire school property, provide supplies 
and equipment, employ teachers, and to do everything else necessary for the 
maintenance of the school. It is the duty of the governor to apportion to each 
district from the "Alaska fund " not less than $300 nor more than $1,000 for the 
construction and equipment of a schoolhouse ; the residue of such fund must be 
apportioned among the several school districts for teachers' salaries, fuel, and 
light for a five months' school each year. 

The common council of each incorporated town is required, for the purpose 
of providing public-school facilities, to appropriate not less than 25 per cent 
nor more than 50 per cent of the moneys derived from the issuance of various 
licenses in such town. The board in each incorporated town consists of a 

969 



970 STATE LAWS EELATING TO PUBLIC EDUCATION. 

director, a clerk, and a treasurer, elected by the qualified voters of the town 
for terms of three years, one being elected each year. The board has general 
supervision and control of the public school, and is authorized to employ 
teachers, provide fuel and light, and to do everything else necessary for the 
maintenance of the school. Public schools in incorporated towns are for the 
education of white children and children of mixed blood who lead a civilized 
life. 

CANAL ZONE. 

The President is authorized by act of Congress to "complete, govern, and 
operate the Panama Canal and govern the Canal Zone, or cause them to be com- 
pleted, governed, and operated, through a governor of the Panama Canal and 
such other persons as he may deem competent to discharge the various duties 
connected with the completion, care, maintenance, sanitation, operation, govern- 
ment, and protection of the canal and Canal Zone." 

The governor of the Canal Zone has, under authority delegated by the 
President, established in the executive department of the Canal Zone govern- 
ment a division of schools which is under the immediate control of a super- 
intendent. The governor appoints and fixes the salaries of the superintendent 
and teachers. Separate schools are maintained for white and colored children. 
School privileges and transportation are free to children of employees and non- 
employees residing in the Canal Zone and to the children of nonresident em- 
ployees. No child under 6 years of age is admitted to the schools. Medical 
inspection is provided. Two schools with high-school grades are maintained 
for white children ; other schools for whites are elementary ; schools for colored 
children are all elementary. 

DISTRICT OF COLUMBIA. 

Congress provides for the control of the public schools of the District of 
Columbia by a board of education consisting of nine members appointed by 
the supreme court judges of the District; three members are appointed each 
year for a term of three years; three must be women, and all must have been 
residents of the District for five years immediately preceding their appointment. 
The board of education determines the general policy of the public schools; 
appoints its own ofiicers, including a secretary who must not be a board 
member; directs expenditures, and annually transmits to the Commissioners 
of the District an estimate of funds needed for public-school purposes, such 
estimate to be included in the estimate of appropriations needed for all 
municipal purposes for the ensuing fiscal year. The board is authorized to 
appoint a superintendent of schools, an assistant superintendent for white 
schools, an assistant superintendent for colored schools, directors, principals, 
supervising principals, teachers, and other employees. The superintendent is 
appointed for a term of three years, unless sooner removed. He has a seat 
in the board, but no vote. He directs and supervises all matters pertaining to 
instruction. No subordinate to the superintendent shall be appointed, trans- 
ferred, promoted, or dismissed without the written recommendation of the 
superintendent. 

Schools are divided into the following classes : Elementary, high, normal, and 
manual training. Separate schools for white and colored children are main- 
tained. 

The boards of examiners for the examination and certification of teachers 
consist of the superintendent and two heads of departments of the white 
schools for the white teachers, and of the superintendent and two heads of de- 
partments of the colored schools for colored teachers. The board of education 
annually designates the appointive members of these boards. Teachers in 
elementary schools must be graduates of a Washington normal school, or 
must pass required examinations. Teachers are divided into classes for 
purposes of payment and promotion. 

Children between the ages of 8 and 14 years are required to attend school, 
unless excused for lawful cause. Textbooks are furnished free to pupils in the 
elementary schools. 

Medical inspection is provided. The board of education is authorized to 
grant the use of school property for civic and certain other community public 



SCHOOLS IN THE TERRITORIES AND POSSESSIONS. 971 

GUAM. 

Public instruction in the island of Guam is under the direction of the com- 
mandant of the naval station and governor, who is commissioned by the Presi- 
dent and is executive officer of the Navy Department in the island. The com- 
mandant-governor issues general executive orders which have the force of law, 
subject to the United States statutes and higher executive authority. He ap* 
points the superintendent of public instruction, principals, and teachers. 

Funds for the maintenance of the public schools are appropriated from insular 
revenues, with the exception of teachers' salaries, which are for the most part 
paid from naval appropriations. 

A high school, a night school, classes in industrial arts, and elementary 
schools are maintained. Attendance is compulsory between certain ages for 
children residing within 2 miles of a schoolhouse. Backward children are 
given industrial training. Schools are not coeducational ; one-half of the school 
time is given to boys, the other half to girls. Teachers are classified by exam- 
ination and a systematic course of instruction; they are required to inform 
themselves and the pupils in facts pertaining to the organization and operation 
of the National Government and the government of Guam. Instruction in 
agriculture is given particular attention. 



HAWAH. 



The department of public instruction of the Territory of Hawaii consists of 
a superintendent of public instruction and six commissioners. The superintend- 
ent is appointed for a term of four years by the governor, by and with the ad- 
vice and consent of the Territorial senate; the commissioners are appointed by 
the governor for a term of two years. The department adopts rules and regu- 
lations which, when approved by the governor, have the force and effect of law ; 
has entire charge and control of public schools, and is responsible for the con- 
duct of the affairs of public education; may establish schools at such places 
and for such terms as may be deemed necessary ; may organize classes for spe- 
cial instruction; has supervision over private schools; establishes school dis- 
tricts; furnishes textbooks to pupils at cost and loans them free of charge to 
indigent children ; appoints and prescribes duties of school officials and servants 
when not otherwise provided by law ; fixes salaries of teachers, supervisors, and 
l^rincipals according to a schedule based on the classification of schools, classi- 
fication of teachers' certificates, length of service, and, in the case of supervisors 
and principals, upon the number of teachers under their supervision ; and estab- 
lishes and maintains teachers' conventions and institutes. The superintendent 
is the chief administrative officer of the department. He signs all drafts for 
the payment of moneys, all commissions and appointments, all deeds and offi- 
cial acts or other documents of the department. He prepares annually and 
files with the proper officers a list of Items of all school property belonging to 
the Territory of Hawaii and an estimate of the cash value of the same. The 
inspector general of schools, who is appointed by the department of public in- 
struction, when authorized by the department, appoints and dismisses teachers, 
arranges courses of study, conducts teachers' examinations, issues certificates, 
and performs such other duties as may be required of him. The board of county 
supervisors of each county is authorized to build, repair, equip, and maintain 
schoolhouses other than those belonging to certain Territorial institutions. 

Schools are classified as follows : Normal schools, high schools, kindergartens, 
technical schools, evening schools, and day schools. Tuition is free in public 
schools, but fees may be charged at certain schools termed " select." Instruc- 
tion must be in the English language in all public and private schools. All 
children between the ages of 6 and 17 years are required to attend unless law- 
fully excused ; deputy sheriffs and police officers act as truant officers. Indus- 
trial and reform schools are maintained for dependent and delinquent children 
who are committed thereto by the several circuit judges. 

An estimate of funds needed for school purposes is biennially submitted by 
the superintendent of public instruction to the committee of estimate. This 
committee consists of the secretary of the Territorial treasury, the superin- 
tendent of public instruction, the mayor of the city and county of Honolulu, 
and the chairmen of the boards of supervisors of the several counties. The 



972 STATE LAWS EELATING TO PUBLIC EDUCATION. 

estimate is submitted to the governor who lays it before the legislature. Reve- 
nues derived from the school tax are used for the salaries of teachers, super- 
visors, principals, and the support of schools within the county or city where col- 
lected ; additional funds needed for the puiTposes of public instuction are appro- 
priated out of the treasury of the Territory. The commissioner of public lands, 
upon the recommendation of the department of public instruction and with the 
approval of the governor, is authorized to set apart lands for school purposes. 

The College of Hawaii is under the general charge of a board of regents con- 
sisting of five members, one appointed each year by the governor, by and with 
the advice and consent of the Territorial senate. This board appoints the 
president and faculty of the college. Instruction is given in agriculture, 
mechanic arts, natural sciences, military science, and in such other subjects 
as the board of regents may determine. The College of Hawaii is designated 
as the institution of the Territory to receive appropriations made by Congress 
for agricultural education. 

PHILIPPmE ISLANDS. 

The management and supervision of public education in the Philippine 
Islands is vested in a department of public instruction which has executive 
control of the bureau of education. The secretary of the department, who is 
also a member of the Philippina Commission, is named by the President of the 
United States. The director of the bureau of education is appointed by the 
governor-general of the islands, with the approval of the commission; the 
director is aided by two assistant directors, a chief clerk and clerical force. 
There are seven divisions in the office of the bureau of education, namely, 
property, accounts, industrial instruction and publications, technical, buildings, 
academic, and records. The director has direct charge of salaries, discipline, 
appointments, assignments of teachers, buildings, appropriations, and questions 
of policy and administration. The assistant director has charge of industrial 
instruction, property, and office management; the second assistant director of 
publications, statistics, except industrial information, courses of study, text- 
books, and examinations. 

For purposes of administration, the Philippine Islands are divided into 
"divisions." The city of Manila, the Philippine School of Arts and Trades, 
the Philippine Normal School, and the School of Household Industries are con- 
sidered as distinct divisions ; the Philippine School of Commerce and the School 
for the Deaf and Blind are insular schools under the administration of the 
superintendent of the city of Manila. Each division is in charge of a division 
superintendent of schools, appointed by the director of education with the 
approval of the secretary of public instruction and of the director of civil 
service. The division superintendent is the representative of the director of 
education in his division. Each division is divided into supervising districts 
according to the class of school work done, one or more municipalities constitut- 
ing each district; each such district is in charge of a supervising teacher. 

The entire school course covers a period of 11 years. The primary course 
covers 4 years; the intermediate, 3 years; the secondary course, 4 years. All 
primary schools, and most intermediate schools, are under the charge of 
supervising teachers ; some large and important intermediate schools are under 
the charge of principals who are directly responsible to the division superin- 
tendent. Schools are classified as insular, provincial, or municipal. Insular 
schools are those supported by the insular government for uncivilized tribes 
and communities unable to maintain schools; provincial schools are secondary 
or intermediate and are jointly supported by the province and the insular 
government; municipal schools are supported by the municipality. Each 
municipality maintains a central school; the principal or teacher in charge of 
the central school is named by the division superintendent and is responsible 
to the supervising teacher ; each municipality has from 1 to 20 " barrio " 
schools, the teacher of each such school being responsible to the supervising 
teacher of the district. In every municipality there is a school board; this 
board has advisory powers only. Provincial schools give from one to four 
years of high-school work and are under the control of division superintendents ; 
principals of provincial trade schools are responsible to division sui)erintend- 
ents; manual-training departments are attached to provincial high schools in 
provinces not having trade schools. 

All American teachers are insular employees; they are appointed by the 
director of education with the consent of the director of civil service. Most 



SCHOOLS IN THE TERRITORIES AND POSSESSIONS. 973 

of the Filipino teachers are municipal employees and when so employed are 
appointed by the division superintendents; other Filipino teachers are Insular 
employees and are appointed by the director of education. American teachers 
are employed as supervising teachers and principals, and teachers in the higher 
academic grades in certain technical and special branches ; Filipino teachers are 
employed in all branches of the work. The number of teachers allotted to 
each division is determined by the general office. Municipal teachers are 
divided into three classes : Regular teachers, temporary teachers, and " as- 
pirantes" (apprentice teachers). Eligibility requirements are: Scholastic at- 
tainments, ability to teach, and executive ability. Summer assemblies are held 
for teachers. 

The insular government renders financial assistance in all branches of school 
work. A system of scholarship appointments to higher schools, particularly to 
insular schools, is maintained by the bureau of education. For provincial 
high schools, the insular government pays salaries of teachers, the Provinces 
provide buildings and equipment, and pupils purchase their own books. Inter- 
mediate schools, where not provincial schools, are supported by the municipali- 
ties in which they are located, but they receive assistance from the insular 
government in payment of teachers' salaries and in equipment and supplies; 
buildings are provided by the municipality; pupils in the seventh grade pro- 
vide their own books. Municipal schools are supported by the municipalities. 
The entire cost of superintending and supervising is borne by the insular gov- 
ernment. Municipal school funds are derived from a land tax, a proportion of 
the internal revenue collections and direct transfers to the school fund from 
the general municipal fund. For educational purposes in non-Ghristian Prov- 
inces the bureau of education receives funds from the Philippine Commission. 

For public schools and other municipal purposes any municipality may be 
authorized by the insular government, with the approval of the President of the 
United States, to incur indebtedness, borrow money, and issue bonds at not 
less than par, to bear not exceeding 5 per cent interest annually ; the indebted- 
ness of any municipality shall not at any time exceed 5 per cent of the assessed 
valuation of real estate of the municipality. 



PORTO RICO. 



The commissioner of education, appointed by the President for a term of 
four years or at the pleasure of the President, by and with the advice and 
consent of the United States Senate, is the head of the department of education 
of the island of Porto Rico. He appoints all the subordinates in the depart- 
ment, with the exception of certain classes of teachers; he determines the 
length of the school term within fixed limitations, the length of the school day, 
and the course of study ; he examines and issues certificates to teachers ; he is 
a member of the Executive Council of Porto Rico and Is ex officio president of 
the University of Porto Rico and of the board of trustees of the insular library ; 
he makes reports to the governor to be laid beore Congress, and performs such 
other duties as are required by law. The personnel of the department, aside 
from the teaching force, consists of an assistant commissioner of education, a 
secretary of the department, a chief of the division of property and accounts, 
general superintendents of schools, supervising principals, supervisors of special 
subjects, and a secretary to the commissioner and other clerical help. The 
assistant commissioner is head of the division of school supervision and serves 
as commissioner during the absence of that official. The secretary is the chief 
of the division of records and officially countersigns departmental papers. The 
chief of the division of property and accounts is custodian of all property of 
the department and keeps the departmental salary list. The chief of the 
division of school board accounts brings the school boards of the island into 
official touch with the department of education. The three general superin- 
tendents perform such duties as may be prescribed by the commissioner of 
education. 

The units of political organization in Porto Rico are known as munici- 
palities. Within each municipality is elected a school board, consisting of 
three members, that has the management and supervision of the schools of 
the municipality whether located in urban or rural wards. The commissioner 
of education fills vacancies arising in school boards. School boards have 
charge of the buildings of common schools, and employ janitors; they hold 



974 STATE LAWS RELATING TO PUBLIC EDUCATION. 

title to the property and may negotiate loans and issue bonds under certain legal 
restrictions; they may, with the approval of the commissioner of education, 
as may also supervising principals, dismiss pupils from school, and may 
suspend teachers to await the action of the commissioner of education; they 
annually submit lists of teachers to be appointed and budgets of expenditures 
to be made to the commissioner for his approval. 

Teachers are divided into the following classes: Rural, graded, principal, 
teachers of English, and special. Teachers of each class are divided into 
three grades for the purpose of payment of salaries. Upon entering the service, 
teachers are placed in the third grade and must teach for three years before 
being advanced to the second, and five years before being admitted to the 
first. With the approval of the commissioner, holders of diplomas or certifi- 
cates from certain institutions of the United States and Porto Rico, and 
holders of first-class State certificates may be admitted to the second grade 
immediately upon beginning service. Rural teachers have charge of ungraded 
schools found largely in rural districts; graded teachers have charge of 
graded schools in the cities and smaller centers of population and are divided 
into Spanish graded teachers and English graded teachers; principals have 
charge of school buildings containing eight or more separate classrooms and 
are responsible to the commissioner of education ; special teachers are appointed 
by the commissioner of education and are employed to teach continuation 
schools, agriculture, high schools, music, drawing, and such other special 
subjects as may be determined by the commissioner. 

The legislature of Porto Rico makes provision for the following classes of 
scholarships: Graded, high school, college of agriculture, normal school, indus- 
trial, professional, and municipal ; some of these scholarships are available for 
study in Porto Rico, and others for study in the United States. 

Examinations throughout the islands are uniform and are conducted by 
an examining board, consisting of the assistant commissioner, the three gen- 
eral superintendents, and the chief of the division of records. The usual 
examinations are for the common-school diploma, teachers' licenses, permanent 
diplomas, for authority to teach in the English language, and for students in 
continuation schools. Rural teachers must be at least 17 years old; graded 
teachers, 19 years old ; principals, 21 years old. 

Children between the ages of 8 and 14 years are required to attend school 
unless lawfully excused. Employment of children is regulated by law. The 
department of education furnishes books for use in the public schools. A 
teachers' pension fund is administered by a board consisting of five members 
appointed by the governor. 

Twenty-five per cent of every dollar derived from the 9-mill tax levy in 
each municipality must be used for school purposes within the municipality ; an 
additional " school tax " of 1 mill on the dollar may be levied. 

The University of Porto Rico is under the control of a board of trustees, 
composed of the commissioner of education, the speaker of the house of repre- 
sentatives, and the treasurer of Porto Rico, ex officio, and four other persons 
appointed by the governor ; the board of trustees is a body corporate ; it is em- 
powered to adopt necessary rules and regulations for the government of the 
university and to appoint, fix salaries, and prescribe duties of professors, 
teachers, and other employees. The course of study must be approved by 
the commissioner of education. The board is directed to receive from Congress 
any appropriations made for agricultural education in Porto Rico. Funds 
for the current expenses of the university are- derived from escheated inher- 
itances, 50 per cent of fines imposed by the courts of Porto Rico, and certain 
royalties ; 25 per cent of the proceeds from the sales of public lands in Porto 
Rico constitutes a " permanent fund " for the university. 



SAMOA. 



In American Samoa, which is composed of Rose Island, Manua, Olosega, 
Ofu. Tutuila, and Aunuu, elementary schools are conducted by native pastors 
and are without government supervision, except that all children between the 
ages of 6 and 13 years are required to attend regularly. The natives, with the 
approval of the governor, have established in the western district of the 
islands a boys' school taught by white teachers and supported by special 
taxation. 



I]>T3DEX. 



A. 

Academies. See Private schools ; Second- 
ary education. 

Adams Act, further endowment of agri- 
tural experiment stations, 964:-965. 

Administrative control, 15—270. 

Administrative units (districts, townships, 
municipalities), 191-270. See also Con- 
solidation of schools. 

Agricultural colleges, 702-709, 741-758 ; 
Federal aid, 758, 956-974. See also Col- 
leges and universities ; Universities. 

Agricultural education, 641-644, 900. 

Agricultural experiment stations, 956-974. 

Agricultural high schools, Mississippi, 831. 

Alabama, agricultural education, 641, 702- 
703, 741 ; appropriations for schools, 270— 
271 ; blind, 801 ; bonds and indebted- 
ness, 325 ; child labor, 559-560, 648, 872 ; 
consolidation of schools, 518 ; constitu- 
tional provisions relating to education, 
863-868 ; county boards, 69 ; county su- 
perintendents, 85 ; course of study, 626, 
633-634 ; deaf and dumb, 784-785 ; dis- 
trict officers, 115 ; employment of teach- 
ers, 436 ; high schools, 317, 655 ; juve- 
nile courts, 819 ; reform schools, 829, 
872 ; school attendance, 504 ; school cen- 
sus, 505 ; school discipline, 587-588 ; 
school districts, 191 ; school elections, 
181; school funds, 295, 305, 872-873; 
schoolhouses, 354, 367 ; school lands, 292, 
869-871 ; school libraries, 770 ; school 
supervision, 871 ; school taxation, 339- 
840, 352, 863-870 ; school year, 510 ; sec- 
tarian instruction forbidden, 647, 867, 
871 ; separation of the races, 585 ; State 
board of education, 15 ; State normal 
schools, 465 ; State university, 716-717 ; 
superintendent of public instruction, 43, 
863-864, 869 ; support of higher educa- 
tion, 715 ; suspension and expulsion, 589 ; 
teachers, 373 ; teachers' examinations 
and certificates, 376-377, 431-432; 
teachers' institutes and summer schools, 
492; technical education, 762-763; text- 
books, 607 ; townships, 191. 

Alabama, University of, management, 867. 

Alabama Polytechnic Institute, manage- 
ment, 867-868. 

Alaska, public schools, 969-970. 

Alcohol, 634-637. 

Animals, humane treatment, 637-638. 

Arbor Day, 644-646. 

Arizona, agricultural education, 641, 742 ; 
Arbor Day, 644 ; blind, 801 ; child labor, 
560-561 ; compulsory attendance, 527 ; 
consolidation of schools, 518 ; constitu- 
tional provisions relating to education, 
868-872 ; corporal punishment, 589 ; 
county superintendents, 85 ; course of 
study, 626, 635 ; deaf and dumb, 785 ; 
district officers, 115-116 ; employment of 
teachers, 436 ; flag in schools, 372 ; free 
textbooks, 603 ; high schools, 317, 656 ; 
industrial education, 639 ; kindergartens, 
648 ; military education, 761 ; mining 
schools, 758 ; music teaching, 638 ; re- 
form schools, 830 ; school census, 505 ; 
school districts, 192 ; school fund, 295, 
305 ; school holidays, 516 ; schoolhouses, 



354 ; school lands, 292 ; school libraries, 
770; school taxation, 300-301, 340; 
school year, 510 ; sectarian instruction 
forbidden, 647, 868 ; separation of the 
races, 585 ; State board of education, 15 ; 
State normal schools, 465—466 ; superin- 
tendent of public instruction, 43-44 ; 
support of higher education, 715 ; sus- 
pension and expulsion, 589 ; teachers, 
373 ; teachers' examinations and cer- 
tificates, 377, 431-432 ; teachers' insti- 
tutes, 492-493 ; teachers' pensions, 447 ; 
teaching drawing, 638 ; technical educa- 
tion, 692 ; textbooks, 607 ; wrongs to 
children, 817. 

Arizona, University of, 717-718. 

Arkansas, agricultural education, 641, 703, 
742 ; blind, 801 ; bonds and indebtedness, 
325 ; child labor, 561 ; compulsory at- 
tendance, 527 ; consolidation of schools, 
518 ; constitutional provisions relating 
to education, 872-873 ; county and local 
normal schools, 487 ; county boards, 69 ; 
county superintendents, 86-87 ; course of 
study, 626, 633, 635; deaf and dumb, 
785 ; district officers, 116-117 ; educa- 
tional corporations, 767 ; employment of 
teachers, 436 ; free textbooks, 604 ; high 
schools, 317, 656-657 ; higher education, 
767 ; reform schools, 830 ; State board 
of education, 15—16 ; school census, 505 ; 
school districts, 192—194 ; school finance, 
318 ; school fund, 271, 295, 305 ; school 
holidays, 516 ; schoolhouses, 354, 367, 
369 ; school lands, 292 ; school meetings, 
elections, and qualifications of voters, 
181-182 ; school taxation, 301, 340, 353 ; 
school year, 510 ; separation of the 
races, 585 ; State normal schools, 466 ; 
superintendent of public instruction, 44 ; 
suspension and expulsion, 589 ; teachers, 
373 ; teachers' associations, 435 ; teach- 
ers' diplomas, 433-434 ; teachers' exam- 
inations and certificates, 377, 431, 432; 
teachers' institutes, 493 ; teachers' sal- 
aries, 444 ; textbooks, 607-608. 

Arkansas, University of, 718. 

Athletics, public schools, 634. 

Attendance, school. See School attend- 
ance. 

B. 

Bible in the school, 647-648. 

Bird Day, 644-646. 

Blind, education, 801-809. See also Deaf 
and dumb. 

Boards of education, city, 117-118, 120-130, 
138, 150-152, 158-160, 191-192, 209- 
210; county, 69-84; State, 15-42, 916, 
943-945. See also District officers. 
Township officers, and under names of 
States. 

Boards of supervisors, county, 875. 

Bonds and indebtedness, local, 325-338. 

Buildings and sites. See Schoolhouses. 

C. 

California, agricultural education, 641, 742 ; 
Bird and Arbor Day, 644 ; blind, 801 ; 
boards of supervisors, 875 ; bonds and in- 
debtedness, 325-326; child labor, 561- 

975 



976 



INDEX. 



562 ; commissioners of elementary and 
secondary schools, 45 ; commissioner of 
industrial and vocational education, 45 ; 
compulsory attendance, 528—529 ; con- 
solidation of schools, 518 ; constitutional 
provisions relating to education, 873— 
875 ; county boards, 69-70 ; county super- 
intendents, 87-88 ; course of study, 626- 
627, 634-635, 648 ; deaf and dumb, 785 ; 
district officers, 117-119 ; election of 
school trustees, 182 ; employment of 
teachers. 436-437 ; evening schools, 651 ; 
feeble-minded, 809 ; flag in schools, 372 ; 
high schools, 317, 657—660 ; industrial 
education, 639 ; juvenile courts, 819 ; 
kindergartens, 648 ; medical inspection of 
schools, 596 ; military education, 761 ; 
moral education, 637 ; reform schools, 
830-831, 875 ; school discipline, 588 ; 
school districts, 194-195 ; school finance, 
318 ; school fraternities, 591 ; school 
fund, 271, 295, 875, 305-306; school 
holidays, 516 ; schoolhouses, 354, 367 ; 
school lands, 292, 873 ; school libraries, 
770-771 ; school taxation, 301, 340, 353, 
875 ; school year, 510 ; sectarian instruc- 
tion forbidden, 647, 873-874 ; separation 
of the races, 585 ; State board of educa- 
tion, 16-17 ; State normal schools, 466- 
467 ; superintendent of public instruc- 
tion, 44 ; support of higher education, 
715 ; suspension and expulsion, 589 ; 
teachers. 373-374 ; teachers' associations, 
435 ; teachers' diplomas, 434 ; teachers' 
examinations and certificates, 377, 431- 
432 ; teachers' institutes, 493 ; teachers' 
pensions, 447-448 ; teachers' salaries, 
444 ; technical education, 692, 763 ; text- 
books, 604, 608, 873-874 ; vacation 
schools, 654 ; vaccination, 601 ; wrongs to 
children, 817. 

California, University of, 718-719, 874. 

California Academy of Sciences, exemption 
from taxation, 875. 

Canal Zone, public schools, 970. 

Carnegie Foundation for the Advancement 
of Teaching, work, 741. 

Census, school. See School census, 505- 
510. 

Certification of teachers. Bee Teachers, ex- 
amination and certification. 

Child labor, 559-585, 872. See also Com- 
pulsory attendance. 

Children, wrongs to, 817-818. 

Christmas Day. See School holidays. 

City school systems, finance and support, 
318-353 ; taxation, 339-352. 

Civics, teaching, 633-634. 

Classification, plan of, 12-14. 

Claxton, P. P., letter of transmittal, 7. 

Colleges and universities, 711—715 ; degrees, 
714 ; finance and support, 715-716 ; foun- 
dation of Harvard, 898 ; recognition of 
diplomas, 433-436 ; State, 716-741. See 
also Agricultural colleges ; Universities. 

Colorado, agricultural education, 641, 703, 
742 ; blind, 801 ; bonded indebtedness, 
326 ; child labor, 562-563 ; compulsory 
attendance, 529 ; consolidation of schools, 
518 ; constitutional provisions relating to 
education, 875-879 ; continuation schools, 
710 ; county superintendents, 88 ; course 
of study, 627, 633, 635, 648 ; deaf and 
dumb, 786 ; district officers, 119-120 ; 
emplovment of teachers, 437 ; feeble- 
minded, 809 ; flag in schools, 372 ; health 
regulations, 593 ; high schools, 317, 660- 
661 ; humane treatment of animals, 637 : 
juvenile courts, 819 ; kindergartens, 649 ; 
medical inspection of schools, 596 ; re- 
form schools, 831-832, 876; school cen- 
sus, 505 ; school districts, 196 ; school 
elections and qualifications of voters, 
182 ; school fraternities, 591 ; school fund, 
271, 295, 306, 319, 877 ; school holidays, 
644, 516 ; schoolhouses, 354 ; school 
lands, 293 ; school libraries, 771 ; school 
taxation, 340-341, 878 ; school year, 510 ; 



State board of education, 17 ; State nor- 
mal schools, 467 ; State school of mines, 
758-759 ; superintendent of public in- 
struction, 45, 875 ; support of higher 
education, 715 ; suspension and expulsion, 
589 ; teachers, 374 ; teachers' diplomas, 
434 ; teachers' examinations and certifi- 
cates, 377-378, 431 ; teachers' institutes, 
494 ; teachers' pensions, 448 ; teachers' 
salaries, 444 ; textbooks, 604, 608 ; 
wrongs to children, 817. 

Colorado, University of, 719, 876. 

Columbus Day, 645. 

Community centers, schoolhouses for, 654. 

Compulsory attendance, 527-559. See also 
Child labor. Juvenile courts. Truancy and 
truant officers. 

Connecticut, agricultural education, 742 
blind, 801 ; bonded indebtedness, 326 
child labor, 563 ; compulsory attendance 
529-580 ; consolidation of schools, 518 : 
constitutional provisions relating to edu 
cation, 879 ; continuation schools, 710 
county boards, 71 ; county superintend 
ents, 88 ; course of study, 627, 635 ; deaf 
and dumb, 786; district committee, 122- 
123 ; employment of teachers, 437 ; even- 
ing schools, 651 ; feeble-minded, 809 ; flag 
in schools, 372 ; health regulations, 593- 
594 ; high schools, 317, 661 ; industrial 
education, 692-693 ; juvenile courts, 819 ; 
kindergartens, 649 ; medical inspection 
of schools, 597 ; music teaching, 638 ; 
prohibition districts, 371 ; reform schools, 
833-834 ; school census, 505 ; school dis- 
tricts, 197-200 ; school finance, 319 ; 
school fund, 272-273, 295-296, 306; 
school holidays, 644 ; schoolhouses, 354, 
367, 369 ; school libraries, 771-772 ; 
school meetings, elections and qualifica- 
tions of voters, 182 ; school taxation. 
341 ; school year, 510 ; State board of 
education, 17-18 ; State normal schools, 
467 ; State officers, 45 ; suspension and 
expulsion, 589 ; teachers, 374 ; teachers' 
examinations and certificates, 378, 431 ; 
teachers' institutes, 494 ; teachers' pen- 
sions, 448 ; teachers' salaries, 444 ; text- 
books, 604, 608 ; town school officers, 120- 
121 ; townships, 196-197 ; trade schools, 
709 ; vacation schools, 654 ; vaccination, 
601. 

Consolidation of schools, 518-526. 

Constitutional provisions, public education, 
863-955. 

Continuation schools, 710-711. 

Corporal punishment, 589. 

Corporations, educational, 767-770. 

County boards, 69-84, 123. See also under 
names of States. 

County normal schools, 487-492. 

County officers, 85—115. 

County schools, finance and support, 818— 
353 ; taxation, 839-352. 

Courses of study, 626-648. See also under 
special topics. 

Crippled and deformed, education, 809. 

D. 

Deaf and dumb, education, 784-801. 

Deformed. See Crippled and deformed, 
education. 

Degrees, New Jersey, 714. 

Delaware, agricultural education, 641 ; 
blind, 801 ; bonded indebtedness, 326- 
327 ; child labor, 563-564 ; commissioner 
of education, 45 ; compulsory attendance, 
530-531 ; consolidation of schools, 518 ; 
constitutional provisions regarding educa- 
tion, 879-880 ; county boards, 123 ; 
county school commission, 71-72 ; county 
superintendents, 88-89 ; course of study, 
627, 635 ; deaf and dumb, 786 ; employ- 
ment of teachers, 437 ; feeble-minded, 
810 ; flag in schools, 372 ; health regula- 
tions, 594 ; high schools, 661 ; juvenile 
courts, 819 ; kindergartens, 649 ; medical 



INDEX. 



977 



inspection of schools, 597 ; moral educa- 
tion, 637 ; reform schools, 834 ; school 
census, 505 ; school districts, 200 ; school 
elections, 182 ; school fund, 273, 306, 
879-880 ; schoolhouses, 354, 367, 369 ; 
school libraries, 772 ; school taxation, 
341 ; school year, 510 ; separation of the 
races, 585 ; State board of education, 18 ; 
State normal schools, 467—468 ; teachers, 
374 ; teachers' diplomas, 434 ; teachers' 
examinations and certificates, 378, 431- 
432 ; teachers' institutes, 494 ; teachers' 
pensions, 448 ; teachers' salaries, 444 ; 
technical education, 763 ; textbooks, 604, 
608 ; vaccination, 601. 

Delaware College, agricultural education, 
742-743. 

Dependents and delinquents, 817-862. >*=:; 

Diplomas, recognition of normal school, 
college, or university, 433-43fi, 

Discipline, school. See School discipline. 

Dismissal of teachers. See Teachers, em- 
ployment. 

District of Columbia, public schools, 970. 

District officers, 115-181. See also Boards 
of education ; Township officers. 

District schools, taxation, 339—352. 

Drawing, instruction, 638-639. 

Drinking cups. See under School hygiene. 

Education, schools of, 465-487. ""^^ 

Elections, 181-190. 

Elementary education, special State aid, 
305-317. 

Ethical education, 637. 

Evening schools, kindergartens, 651-653. 

Examinations, teachers. See Teachers, ex- 
amination and certification. 

Experiment stations. Federal legislation re- 
garding, 956-974. 

Expulsion from school. See Suspension and 
expulsion. 

F. 

Farmers' institutes, 655. 

Federal aid to education, 758, 956-974. 

Feeble-minded, education, 809-816. 

Finance, local, 318-353; State, 270-318. 
See also under names of States. 

Fire day, State, 645. 

Fire drill, 590-591. 

Fire escapes. See Schoolhouses, provisions 
against fire. 

Flag, United States, and schools, 372-373. 

Flag Day. See School holidays. 

Florida, agricultural education, 641, 743 ; 
blind, 801 ; bonded indebtedness, 327 ; 
child labor, 564-565 ; consolidation of 
schools, 518 ; constitutional provisions re- 
garding education, 880-881 ; county 
boards, 72-73, 123 ; county superinten- 
dents, 89 ; course of study, 627, 633, 635 ; 
deaf and dumb, 786 ; employment of 
teachers, 437 ; fire drills, 590 ; high 
schools, 662 ; higher educational institu- 
tions, 711-713, 719 ; kindergartens, 649 ; 
Mothers' Day, 644 ; prohibition districts, 
371 ; reform schools, 834 ; rural school in- 
spectors, 68 ; school attendance, 504 ; 
school census, 505 ; school discipline, 588 ; 
school districts, 200-201 ; school finance, 
319 ; school fund, 296, 306, 880 ; school 
holidays, 516 ; schoolhouses, 354, 369 ; 
school lands, 293 ; school taxation, 301, 
341, 353, 881 ; scbool year, 510-511 ; sepa- 
ration of the races, 585 ; State board of ed- 
ucation, 18-19 ; superintendent of public 
instruction, 45-46, 880 ; support of higher 
education, 715 ; teachers, 374 ; teachers' 
diplomas, 434 ; teachers' examinations 
and certificates, 378-380, 432 ; teachers' 
institutes, 494 ; teachers' salaries, 444 ; 
textbooks, 604, 608-609 ; training of 
teachers, 468 ; wrongs to children, 817. 

Fraternities, school, 591-592. 

Funds, school. See School funds. 



G. 

Georgia, agricultural education, 641, 703, 
743; Bible in schools, 647; blind, 801- 
802 ; bonded indebtedness, 327 ; child 
labor, 565-566 ; consolidation of schools, 
518 ; constitutional provisions regarding 
education, 882-883 ; county and local 
normal schools, 487 ; county boards, 73- 
74 ; county superintendents, 89-90 ; 
course of study, 627, 633, 635; deaf 
and dumb, 786 ; district boards, 123 ; 
employment of teachers, 437 ; evening 
schools, 651 ; farmers' institutes, 655 ; 
high schools, 662 ; higher education, 713 ; 
industrial education, 639, 693 ; juvenile 
courts, 819-820; reform schools, 834- 

. 835 ; school census, 505 ; school districts, 

^"-^01-202 ; school funds, 273, 296, 306- 
307 ; school holidays, 644-645 ; school- 
houses, 354 ; school libraries, 772 ; school 

, -"^^Lxation, 341, 353, 882 ; School year, 511 ; 
separation ©f the races, 585 ; State board 
of education, 19 ; superintendent of public 
instruction, 43 ; teachers, 374 ; teachers' 
associations, 435 ; teachers' diplomas, 
434 ; teachers' examinations and certifi- 
cates, 380-381 ; teachers' institutes, 494 ; 
teachers' salaries, 444 ; technical educa- 
tion, 763 ; textbooks, 602, 609-610 ; trade 
schools, 709 ; training of teachers, 468 ; 
vaccination, 601. 

Georgia, University of, 719-720, 882-883. 

Guam, public schools, 971. 



Harvard College, constitutional provisions 
regarding, 898-899. 

Hatch Act, establishing agricultural ex- 
periment stations, 961-963. 

Hawaii, public schools, 971—972. 

Hazing, law against, Rhode Island, 714-715. 
See also under Colleges and universities. 

Health regulations, 593-602. 

High schools, 655-692 ; normal training, 
487-492 ; State aid, 310, 317-318. See 
also Agricultural high schools, and under 
names of States. 

Higher education, 711—741. See also Col- 
leges and universities ; Universities. 

History, teaching, 633-634. 

Holidays, school. See School holidays. 

Hygiene, school. See School hygiene. 

I. 

Idaho, agricultural education, 641, 743 ; Ar- 
bor Day, 645 ; blind, 802 ; board of dis- 
trict trustees, 123-124 ; bonded indebt- 
edness, 327 ; child labor, 566 ; compulsory 
attendance, 531—532 ; consolidation of 
schools, 518 ; constitutional provisions 
regarding education, 883-886 ; county 
boards, 74 ; county superintendents, 90- 
91 ; course of study, 627, 633, 635 ; deaf 
and dumb, 786 ; employment of teachers, 
437 ; flag in schools, 372 ; health regula- 
tions, 594 ; high schools, 317, 662 ; higher 
education, 713 ; industrial education, 639, 
693 ; juvenile courts, 820 ; kindergartens, 
649 ; medical inspection of schools, 597 ; 
reform schools, 835 ; school census, 505 ; 
school districts, 202-203 ; school fund, 
273-274, 296, 307-308, 885; school- 
houses, 354, 369 ; school lands, 293, 
885 ; school libraries, 772-773 ; school 
taxation, 341, 886 ; school year, 511 ; 
sectarian instruction forbidden, 647, 
885 ; State board of education, 19-20 ; 
State normal schools, 468 ; superintend- 
ent of public instruction, 47, 884 ; sus- 
pension and expulsion, 589 ; teachers, 
374 ; teachers' diplomas, 434 ; teachers' 
examinations and certificates, 381-382, 
431 ; teachers' institutes, 494 ; technical 
education, 763 ; textbooks, 604, 610 ; va- 
cation schools, 654. 



3966°— 15- 



-62 



978 



INDEX. 



Idaho, University of, 720-721, 885. 

Illinois, agricultural education, 743 ; Arbor 
and Bird Day, 645 ; blind, 802 ; bonded 
indebtedness, 327-328 ; child labor, 566- 
567 ; city boards, 126-128 ; compulsory 
attendance, 532 ; consolidation of schools, 
518 ; constitutional provisions regarding 
education, 886-887 ; county boards, 74 ; 
county superintendents, 91 ; county nor- 
mal schools, 487 ; course of study, 627, 
635 ; crippled and deformed, 809 ; deaf 
and dumb, 786-787 ; educational corpora- 
tions, 767 ; employment of teachers, 437 ; 
evening schools, 651 ; feeble-minded, 810 ; 
flag in schools, 372 ; health regulations, 
594 ; high schools, 317, 662-663 ; indus- 
trial education, 639 ; kindergartens, 649 ; 
reform schools, 835-836 ; school census, 
506 ; school districts, 203-204 ; school 
finance, 319 ; school fund, 274, 296, 307 ; 
school holidays, 516 ; schoolhouses, 354, 
369 ; school lands, 293 ; school libraries, 
773 ; school meetings, 183 ; school taxa- 
tion, 301, 341, 886-887 ; school year, 511 ; 
State board of education, 20 ; State nor- 
mal schools, 468 ; superintendent of 
public instruction, 47, 886 ; support of 
higher education, 715 ; suspension and 
expulsion, 589 ; teachers, 374 ; teachers' 
examinations and certificates, 382—384, 
431—432 ; teachers' institutes, 495 ; 
teachers' pensions, 448-450 ; teachers' 
salaries, 444 ; textbooks, 604, 610 ; town- 
ship officers, 124-128. 

Illinois, University of, 721. 

Illiteracy, Kentucky, 22. 

Indebtedness. See Bonds and indebtedness. 

Indiana, agricultural education, 641, 703, 
743-744 ; Arbor Day, 645 ; bonded in- 
debtedness, 328 ; child labor, 567 ; city 
school boards, 129-130 ; compulsory at- 
tendance, 532—538 ; consolidation of 
schools, 518-519 ; constitutional pro- 
visions regarding education, 887-888 ; 
continuation schools, 710 ; county boards, 
75 ; county superintendents, 92 ; course 
of study, 628, 634-635, 648 ; election of 
school commissioners, 204—206 ; employ- 
ment of teachers, 437—438 ; evening 
schools, 652 ; feeble-minded, 810 ; fire 
drills, 590 ; flag in schools, 372 ; health 
regulations, 594 ; high schools, 317, 
663 ; industrial education, 639, 693-694 ; 
juvenile courts, 821 ; kindergartens, 649 ; 
medical inspection of schools, 597 ; 
music teaching, 638 ; reform schools, 
836 : school census, 506 ; school elec- 
tions, 183 ; school fund, 274-275, 
296, 307-308, 319, 884, 887; school 
lands, 293 ; school libraries, 773-774 ; 
schoolhouses, 354-356, 367, 369 ; school 
taxation, 301-302, 342, 353, 883-884, 
887-888 ; school year, 511 ; sectarian in- 
struction forbidden, 647 ; separation of 
the races, 585 ; social centers in schools, 
654 ; State normal schools, 469 ; super- 
intendent of public instruction, 47-48 ; 
support of higher education, 715 ; sus- 
pension and expulsion, 589 ; teachers, 
374 ; teachers' diplomas, 434 ; teachers' 
examinations and certificates, 384-385 ; 
432 ; teachers' pensions, 450-451 ; teach- 
ers' salaries, 444 ; teaching drawing, 
638 ; technical education, 763 ; text- 
books, 604, 610-611 ; township officers, 
128-129; trade schools, 709; tubercu- 
lous children, 816. 

Indiana, University of, 721-722. 

Indians, education. North Carolina, 784. 

Industrial education, 639-641, 692-711. 

Industrial reform schools. See Reform 
schools. 

Inspection of schools. State, 68-69. 

Instruction, subject matter, 626-648. 

Iowa, agricultural education, 641, 744 ; 
Bible in schools, 647 ; blind, 802 ; board 
of directors, 130-131 ; board of education, 
powers and duties, 888 ; bonded indebt- 
edness, 328-329; child labor, 567-568; 



compulsory attendance, 533-534 ; consoli- 
dation of schools, 519-520 ; constitu- 
tional provisions regarding education, 
888-890 ; county boards, 75 ; county su- 
perintendents, 92-93 ; course of study, 
628, 633, 635 ; deaf and dumb, 787 ; em- 
ployment of teachers, 438 ; feeble-minded, 
810 ; fire drill, 590 ; flag in schools, 372 ; 
high schools, 317, 664, 692 ; industrial 
education, 639 ; kindergartens, 649 ; min- 
ing schools, 759 ; music teaching, 638 ; 
normal training in high schools, 487-488 ; 
reform schools, 836-837 ; school census, 
506 ; school districts, 206-207 ; school 
elections, 183 ; school fraternities, 591 ; 
school fund, 296, 889-890 ; schoolhouses, 
356, 367 ; school lands, 293, 887 ; school 
libraries, 774 ; school taxation, 342 ; 
school townships, 206-207 ; school year, 
511 ; State board of education, 20-21 ; 
State normal schools, 469 ; superinten- 
dent of public instruction, 48 ; support of 
higher education, 715 ; suspension and 
expulsion, 589 ; teachers, 374 ; teachers' 
associations, 435 ; teachers' diplomas, 
434 ; teachers' examinations and certifi- 
cates, 385-387, 431 ; teachers' institutes, 
495 ; teachers' salaries, 444—445 ; teach- 
ing drawing, 638 ; textbooks, 604, 611- 
612 ; vacation schools, 654 ; wrongs to 
children, 817. 
Iowa, University of, 722. 

J. 

Jefferson Davis, observance of birthday, 
646. 

Juvenila courts, 819-829. See also Com- 
pulsory attendance ; Dependents and de- 
linquents. 

K. 

Kansas, agricultural education, 641, 703, 
744 ; blind, 802 ; child labor, 568 ; com- 
pulsory attendance, 534-535 ; consolida- 
tion of schools, 520-521 ; constitutional 
provisions regarding education, 890-891 ; 
county superintendents, 93-94 ; course 
of study, 628, 633, 635 ; deaf and dumb, 
787 ; district officers, 131 ; educational 
corporations, 767 ; employment of teach- 
ers, 438 ; evening schools, 652 ; feeble- 
minded, 810; fire drill, 590; fiag in 
schools, 372 ; health regulations, 594 ; 
high schools, 317, 664-666 ; industrial 
education, 639, 694 ; juvenile courts, 
821 ; kindergartens, 649 ; music teach- 
ing, 638 ; normal training, 487-488 ; re- 
form schools, 837 ; school census, 506 ; 
school discipline, 588 ; school districts, 
207-211 ; school elections, 183 ; school 
finance, 319 ; school fraternities, 591 ; 
school fund, 296-297, 308, 890; school- 
houses, 356, 367, 369 ; school lands, 293 ; 
school libraries, 774 ; school taxation, 
302, 342 ; school year, 511 ; sectarian in- 
struction forbidden, 647 ; separation of 
the "races, 585; State normal schools, 
469-470 ; superintendent of public in- 
struction, 48-49 ; support of higher edu- 
cation, 715 ; suspension and expulsion, 
589 ; teachers, 374 ; teachers' diplomas, 
434 ; teachers' examinations and certifi- 
cates, 387-389, 431-432 ; teachers' in- 
stitutes, 495; textbooks, 604, 612-613; 
trade schools, 709 ; vacation schools, 
654 ; wrongs to children, 817. 

Kansas, University of, 722-723. 

Kentucky, agricultural education, 723-724, 
744 ; blind, 802 ; bonded Indebtedness, 
329-330 ; child labor, 568-569 ; compul- 
sory attendance, 535 ; consolidation of 
schools, 521 ; constitutional provisions 
regarding education, 891-893 ; corporal 
punishment, 589 ; county boards, 75 ; 
county superintendents, 94—95 ; course of 
study, 628, 633, 635 ; deaf and dumb, 
787 ; district officers, 131-132 ; employ- 



INDEX. 



979 



ment of teachers, 438 ; feeble-minded, 
810 ; high schools, 666 ; illiteracy com- 
mission, 22 ; industrial education, 639, 
694 ; juvenile courts. 821-822 ; kinder- 
gartens, 649 ; prohibition districts, 371 ; 
reform schools. 837-838 ; school census, 
506 ; school discipline, 588 : school dis- 
tricts, 211-215 ; school elections and 
qualifications of voters, 183 ; school fi- 
nance, 319 ; school fund, 275-276, 297, 
308, 893 ; schoolhouses, 357 ; school libra- 
ries. 774-775 ; school taxation, 302, 342, 
353. 891-893 ; school year, 511 ; sectarian 
instruction forbidden, 647 ; separation of 
the races. 585 ; State board of education, 
21-22 ; State normal schools, 470-471 ; 
superintendent of public instruction, 49, 
891 ; support of higher education, 715 ; 
suspension and expulsion, 589 ; teachers, 
374 ; teachers' diplomas, 434 ; teachers' 
examinations and certificates, 389-390, 
432 ; teachers' institutes, 495 ; teachers' 
pensions, 451—452 ; teachers' salaries,! 
445 ;technical education, 763 ; textbooks, 
604, 613-614 ; vacation schools, 654. 
Kindergartens, 648-651. 



Land-grant colleges. See Agricultural col- 
leges. 

Languages, modern, 648. 

Lantern slides, 646. 

Lectures, public, 655. 

Leland Stanford Junior University, powers 
of trustees, 874. 

Libraries, public school, 770-784. See also 
under names of States. 

Lincoln's Birthday. See School holidays. 

Louisiana, agricultural education, 641, 744- 
745 ; blind, 803 ; bonded indebtedness, 
330 ; Carnegie fund, 741 ; child labor, 569 ; 
compulsory attendance, 535-536 ; con- 
solidation of schools, 521 ; constitutional 
provisions regarding education, 893-897 ; 
county boards, 75-76 ; course of study, 
628, 633, 635, 648 ; deaf and dumb, 788 ; 
employment of teachers, 438 ; evening 
schools, 652 ; health regulations, 594 ; 
high schools, 666, 692 ; higher education, 
713; industrial education, 639, 694; ju- 
venile, courts, 822; kindergartens, 649; 
medical inspection of schools, 597 ; 
normal training, 488 ; parish officers, 95- 
96, 133 ; reform schools, 838, 897 ; school 
census, 506 ; school districts, 215 ; 
school elections, 183 ; school fund, 276- 
277, 297. 308, 319, 894-896; school holi- 
days, 645 ; schoolhouses, 357, 367, 369 ; 
school lands, 293 ; school libraries, 775 ; 
school taxation, 302, 342, 353, 894; 
school year, 511 ; sectarian instruction 
forbidden, 647, 893 ; separation of the 
races, 585 ; State board of education, 22 ; 
State normal schools, 471—472 ; superin- 
tendent of public instruction, 49—50, 894 ; 
teachers, 374 ; teachers' associations, 
435 ; teachers' diplomas, 434 ; teachers' 
examinations and certificates, 390—391 ; 
teachers' institutes, 495-496 ; teachers' 

■ pensions, 452-453 ; teachers' salaries, 
445 ; technical education, 763 ; textbooks, 
604, 614. 

Louisiana State University, endowment, 
895. 

M. 

Maine, agricultural education, 641, 703, 725, 
745 ; blind, 803 ; child labor, 570 ; com- 
pulsory attendance, 536 ; constitutional 
provisions regarding education, 897-898 ; 
consolidation of schools, 521 ; course of 
study, 628, 635, 648 ; deaf and dumb, 
788 ; educational corporations, 767 ; em- 
ployment of teachers, 438 ; evening 
schools, 652 ; feeble-minded, 810-811 ; 
flag in schools, 372 ; health regulations, 
594 ; high schools, 317, 666-668, 692 ; 
industrial education, 609, 694-695; 



juvenile courts, 822 ; medical inspection 
of schools, 597 ; music teaching, 638 ; 
normal training, 488 ; reform schools, 
838 ; school census, 506 ; school com- 
mittee, 133-134; school districts, 215- 
216 ; school elections, 183 ; school 
finance, 319 ; school fraternities, 592 ; 
school fund, 277, 297, 308 ; school holi- 
days, 645, 516; schoolhouses, 357, 368, 
369 ; school lands, 293 ; school libraries, 
775 ; school taxation, 302, 342-343, 897- 
898 ; school year, 511 ; sectarian instruc- 
tion forbidden, 647 ; State board of edu- 
cation, 22 ; State normal schools, 472 ; 
superintendent of public schools, 50 ; sus- 
pension and expulsion, 589 ; teachers, 
374 ; teachers' associations, 435 ; teachers' 
examinations and certificates, 391 ; 
teachers' institutes, 496 ; teachers' pen- 
sions, 453-454 ; teaching drawing, 638 ; 
textbooks, 604, 614 ; trade schools, 709 ; 
vacation schools, 654 ; vaccination, 601. 

Manual training, 639-641. See also Indus- 
trial education. 

Maryland, agricultural education, 641, 703, 
745; blind, 803; child labor, 570-571; 
constitutional provisions regarding edu- 
cation, 898 ; county boards, 76-77 ; course 
of study, 628, 633, 635; compulsory at- 
tendance, 537 ; consolidation of schools, 
521; deaf and dumb, 788; district offi- 
cers, 134 ; educational corporations, 767 ; 
employment of teachers, 438 ; feeble- 
minded, 811 ; free scholarships, 713-714 ; 
high schools, 318, 668, 692 ; higher edu- 
cation, 767 ; industrial education, 639, 
695 ; juvenile courts, 822 ; medical in- 
spection of schools, 597-598 ; music 
teaching, 638 ; normal training, 488 ; 
reform schools, 838-839 ; school census, 
506 ; school districts, 216 ; school fund, 
277-278, 297, 308, 898; school holidays, 
516 ; schoolhouses, 357, 369 ; school li- 
braries, 775-776 ; school taxation, 302, 
343 ; school year, 511-512 ; sectarian in- 
struction forbidden, 647 ; separation of 
the races, 585-586 ; State board of edu- 
cation, 22-23 ; State normal schools, 
472-473 ; superintendent of public in- 
struction, 50-51 ; suspension and expul- 
sion, 589 ; teachers, 374 ; teachers' asso- 
ciations, 435 ; teachers' institutes. 496 ; 
teachers' examinations and certificates, 
391-392, 432 ; teachers' pensions, 454 ; 
teachers' salaries, 445 ; teaching drawing, 
638 ; technical education, 763 ; text- 
books, 604, 614 ; vacation schools, 654 ; 
vaccination, 601, 602. 

Maryland, University of, 726. 

Massachusetts, agricultural education, 641, 
703, 745-746 ; Bible in schools, 647 ; 
blind, 803 ; child labor, 571-573 ; com- 
missioner of education, 51 ; compulsory 
attendance, 537-539 ; consolidation of 
schools, 521 ; constitutional provisions 
regarding education, 898-899 ; continua- 
tion schools, 710-711 ; course of study, 
628. 633-635, 648 ; deaf and dumb, 789 ; 
educational corporations, 767 ; employ- 
ment of teachers, 438-439 ; evening 
schools, 652 ; feeble-minded, 811 ; fiag in 
schools, 372; health regulations, 594; 
high schools, 318, 668-669, 692 ; indus- 
trial education, 640, 695-696 ; juvenile 
courts, 822 ; kindergartens, 649 ; medical 
inspection of schools, 598 ; moral educa- 
tion, 637 ; music teaching, 638 ; normal 
training, 488 ; reform schools, 839-842 ; 
savings of children, 646 ; school census, 
506 ; school committees, 134-137 ; school 
discipline, 588 ; school districts, 216 ; 
school elections, 183 ; school fund, 278, 
297-298, 308 ; school holidavs, 516, 645 ; 
schoolhouses, 357-358, 268-369 ; school 
libraries, 776 ; school taxation, 302, 343, 
353, 899 ; school year, 512 ; separation 
of the races, 586 ; State board of edu- 
cation, 23-24.; State normal schools, 
473 ; suspension and expulsion, 589 ; 



980 



INDEX. 



teachers, 374 ; teachers' diplomas, 434 ; 
teachers' examinations and certificates, 
392, 431-432 ; teachers' institutes, 496- 
497 ; teachers' pensions, 454-455 ; teach- 
ers' salaries, 445 ; teaching drawing, 
638 ; technical education, 763 ; textbooks, 
604, 614 ; township officers, 139 ; trade 
schools, 709 ; vacation schools, 654 ; vac- 
cination, 602 ; wrongs to children, 817. 

Medical inspection of schools, 596-601. See 
also Schoolhouses, inspection, and sani- 
tation. 

Memorial Daj^. See School holidays. 

Michigan, agricultural education, 641, 703— 
704, 746, 900 ; blind, 803-804 ; bonded 
indebtedness, 330 ; child labor, 573-547 ; 
compulsory attendance, 539-540 ; con- 
solidation of schools, 521 ; constitutional 
provisions regarding education, 899-901 ; 
county boards, 77 ; county normal schools, 
488-489 ; county superintendents, 96-98 ; 
course of study, 628, 633, 635 ; deaf and 
dumb, 789 ; district officers, 137-138 ; 
educational corporations, 767 ; employ- 
ment of teachers, 439 ; farmers' insti- 
tutes, 655 ; feeble-minded, 811-812 ; fire 
drills, 590 ; flag in schools, 372 ; high 
schools, 318, 669-670 ; higher education, 
714 ; humane treatment of animals, 637 ; 
industrial education, 640, 696 ; juvenile 
courts, 822 ; kindergartens, 649—650 ; 
mining school, 759 ; reform schools, 842 ; 
school census, 506 ; school districts, 216- 
221, 323-324 ; school elections, 183 ; 
school finance, 319 ; school fraternities, 
592 ; school fund, 298, 308, 899 ; school 
holidays, 516, 645 ; schoolhouses, 358, 
370 ; schoolhouses for public meetings, 
654 ; school lands, 293 ; school libraries, 
776-777; school taxation, 302, 343-344; 
school year, 512 ; sectarian instruction 
forbidden, 647, 899 ; separation of the 
races, 586 ; State board of education, 24 ; 
State normal schools, 473 ; superintend- 
ent of public instruction, 51—52, 899— 
900 ; support of higher education, 715 ; 
suspension and expulsion, 589 ; teachers, 
374 ; teachers' associations, 435 ; teachers' 
diplomas, 434 ; teachers' examinations 
and certificates, 392-393, 431-432 ; 
teachers' institutes, 497 ; teachers' pen- 
sions, 455 ; textbooks, 604, 614-615 ; 
trade schools, 709. 

Michigan, University of, 726, 900-901. 

Military schools, 761-762. 

Military training, agricultural colleges, 
960-961. 

Mining schools, 758-761. 

Minnesota, agricultural education, 641, 746 ; 
blind, 804 ; bonded indebtedness, 330 ; 
child labor, 574 ; compulsory attendance, 
540—541 ; consolidation of schools, 521 ; 
constitutional provisions regarding edu- 
cation, 901-902 ; corporal punishment, 
589 ; county boards, 77 ; county superin- 
tendents, 98-99 ; course of study, 628, 
633, 635 ; crippled and deformed, 809 ; 
deaf and dumb, 789 ; district officers, 139- 
141 ; employment of teachers, 439 ; even- 
ing schools, 652 ; feeble-minded, 812 ; 
high schools, 310, 318, 670, 692; indus- 
trial education, 640, 696 ; kindergarten, 
650 ; juvenile courts, 822 ; moral educa- 
tion, 637 ; normal training, 489 ; pro- 
hibition districts, 371 ; reform schools, 
842-844 ; school census, 506 ; school dis- 
tricts, 221-223 ; school elections, and 
qualifications of voters, 183-184 ; school 
finance, 319 ; school fraternities, 592 ; 
school fund, 298, 308-311, 902; school 
holidays, 645, 516 ; schoolhouses, 358, 
368, 370 ; school land, 901 ; school libra- 
ries, 777 ; school taxation, 302-303, 344 ; 
school year, 512 ; sectarian instruction 
forbidden, 647 ; separation of the races, 
586; State board of education, 24-25; 
State normal schools, 473-474 ; superin- 
tendent of education, 52-53 ; support of 
higher education, 715 ; teachers, 374 ; 



teachers' examinations and certificates, 
393-395 ; teachers' institutes, 497 ; teach- 
ers' pensions, 455 ; teachers' salaries, 
445 ; technical education, 764 ; textbooks, 
604, 615-616 ; women and education, 901 ; 
wrongs to children, 817. 

Minnesota, University of, 727, 902. 

Mississippi, agricultural education, 642, 
704, 746 ; bonded indebtedness, 330-332 ; 
child labor, 574 ; consolidation of schools, 
521—522 ; constitutional provisions re- 
garding education, 903-904 ; county 
boards, 77 ; county superintendents, 99- 
100 ; course of study, 629, 633, 635 ; 
deaf and dumb, 789-790 ; district officers, 
141-142 ; employment of teachers, 439 ; 
health regulations, 595 ; high schools, 
670, 692 ; industrial education, 640, 696 ; 
kindergartens, 650 ; prohibition districts, 

371 ; school elections, 184 ; school fi- 
nance, 319 ; school fraternities, 592 ; 
school fund, 298, 903-904 ; school holi- 
days, 645 ; schoolhouses, 358 ; school 
lands, 293-295 ; school taxation, 344, 
353, 904 ; school year, 512 ; separation 
of the races, 586 ; State board of educa- 
tion, 25 ; State normal schools, 474-475 ; 
superintendent of public education, 53, 
903 ; suspension and expulsion, 589 ; 
teachers' diplomas, 434 ; teachers' exami- 
nations and certificates, 395-396, 432 ; 
teachers' salaries, 445 ; technical educa- 
tion, 764; textbooks, 602-603, 616-617. 

Mississippi, University of, 727-728. 

Missouri, agricultural education, 642, 704, 
747 ; blind, 804 ; bonded indebtedness, 
332 ; child labor, 574-575 ; compulsory 
attendance, 541—542 ; consolidation of 
schools, 522 ; constitutional provisions re- 
garding education, 904-907 ; county 
boards, 77 ; county superintendents, 100- 
101 ; course of study, 629, 634-635 ; dis- 
trict officers, 142-143 ; employment of 
teachers, 439 ; evening schools, 652 ; 
health regulations, 595 ; high schools, 
318, 670-671, 692 ; higher education, 714 ; 
industrial education, 640, 696 ; juvenile 
courts, 822 ; kindergartens, 650 ; medical 
inspection of schools, 598 ; mining school, 
759 ; normal training in high schools, 
489 ; reform schools, 844 ; school census, 
506 ; school discipline, 588 ; school dis- 
tricts, 224-227 ; school elections, 184 ; 
school finance, 320 ; school fund, 278, 311, 
906-907 ; school holidays, 516, 645 ; 
schoolhouses, 358 ; school land, 907 ; 
school libraries, 777 ; school taxation, 
344, 905-906 ; school year, 512 ; sectarian 
education forbidden, 904 ; separation of 
the races, 586 ; State board of education, 
25-26 ; superintendent of public schools, 
53-54, 904 ; support of higher educa- 
tion, 715 ; suspension and expulsion, 589 ; 
teachers, 374 ; teachers' diplomas, 434 ; 
teachers' examinations and certificates, 
396-398 ; teachers' institutes, 497 ; 
teachers' salaries, 445 ; technical educa- 
tion, -764 ; textbooks, 604, 617 ; wrongs 
to children, 817. 

Missouri, University of, 728-729. 

Montana, agricultural education, 642, 704, 
747 ; blind, 804 ; bonded indebtedness, 
332 ; child labor, 575 ; compulsory attend- 
ance, 542-543 ; consolidation of schools, 
522 ; constitutional provisions regarding 
education, 908-910 ; corporal punish- 
ment, 589 ; county boards, 77 ; course of 
study, 629, 634, 636; deaf and dumb, 
790 ; district officers, 143-144 ; employ- 
ment of teachers, 439-440 ; flag in schools, 

372 ; fire drills, 590 ; health regulations, 
595 ; high schools, 318, 671 ; industrial 
education, 640, 696 ; junvenile courts, 
822 ; kindergartens, 650, 652 ; reform 
schools, 844-845 ; school census, 506 ; 
school elections, 184 ; school finance, 320 ; 
school fraternities, 592 ; school fund, 
278, 298, 311, 908-909 ; school holidays, 
516, 645 ; schoolhouses, 359, 368 ; school 



INDEX. 



981 



land, 909-910 ; school libraries, 777 ; 
school taxation, 344 ; school year, 512- 
513 ; sectarian instruction forbidden, 
647 ; State board of education, 26 ; State 
normal school, 475 ; State school of 
mines, 759 ; superintendent of public in- 
struction, 54-55, 90S ; support of higher 
education, 715 ; suspension and expul- 
sion, 589 ; teachers, 374 ; teachers' diplo- 
mas, 434 ; teachers' examinations and 
certificates, 398-399, 431, 433 ; teachers' 
institutes, 497-498 ; textbooks, 604, 617- 
618. 

Montana, University of, 729. 

Moral and ethical education, 637. 

Morrill Act, first, 956-958 ; second, 958- 
959 ; Nelson amendment, 960. 

Mothers' Day, 644. 

Municipal boards. See Boards of educa- 
tion (city). 

Municipal universities, 714. 

Museums. See also Libraries, public 
schools. 

Music, instruction, 638. 

N. 

Narcotics, 634-637. 

Nebraska, agricultural education, 642, 704, 
747 ; blind, 804 ; bonded indebtedness, 
332-333 ; child labor, 575 ; compulsory 
attendance, 543 ; consolidation of schools, 
522 ; constitutional provisions regarding 
education, 910—911 ; county boards, 77 ; 
county superintendents, 101—102 ; course 
of study, 629, 636, 648 ; crippled and de- 
formed, 809 ; deaf and dumb, 790 ; district 
officers, 144—146 ; education of special 
classes, 784 ; employment of teachers, 
440 ; farmers' institutes, 655 ; feeble- 
minded, 812 ; fire drills, 590 ; high schools, 
318, 672-675, 692 ; higher education, 
729-730; industrial education, 640; ju- 
venile courts, 822—823 ; kindergartens, 
650 ; moral education, 637 ; normal train- 
ing in high schools, 489 ; reform schools, 
845—846 ; school census, 506 ; school dis- 
tricts, 228-231 ; school elections, and 
qualifications of voters, 184—186 ; school 
finance, 321 ; school fraternities, 592 ; 
school fund, 311-312, 911 ; school holi- 
days, 517 ; schoolhouses, 359 ; school li- 
braries, 777 ; school meetings, 184 ; 
school taxation, 344 ; school year, 513 ; 
State normal schools, 475-476 ; sectarian 
instruction forbidden, 911 ; State board 
of education, 26-27 ; State Fire Day, 
645 ; superintendent of public instruction, 
55, 910 ; support of higher education, 715 ; 
suspension and expulsion, 589 ; teachers' 
diplomas, 434 ; teachers' examinations 
and certificates, 399-401, 433; teachers' 
institutes, 498 ; teachers' pensions, 455 ; 
teachers' salaries, 445 ; textbooks, 605, 
618 ; wrongs to children, 817-818. 

Nevada, agricultural education, 642, 747 ; 
blind, 804 ; bonded indebtedness, 332 ; 
child labor, 575 ; compulsory attendance, 
543-544 ; consolidation of schools, 522 ; 
constitutional provisions regarding edu- 
cation, 912-913 ; county boards, 77 ; 
course of study, 629, 634, 636, 648 ; deaf 
and dumb, 790-791 ; district officers, 146- 
147 ; employment of teachers, 440 ; flag 
in schools, 372 ; feeble-minded, 812 ; high 
schools, 318, 675-676; humane treat- 
ment of animals, 637 ; industrial educa- 
tion, 640 ; kindergartens, 650 ; music 
teaching, 638 ; normal training in high 
schools, 490 ; prohibition districts, 371 ; 
reform schools, 846 ; school census, 506- 
507 ; school discipline, 588 ; school dis- 
tricts, 231-232; school elections, 186; 
school finance, 321 ; school fund, 278- 
279, 298, 312 ; school holidays, 517 ; 
schoolhouses, 359, 368 ; school lands, 295, 
912 ; school libraries, 777 ; school taxa- 
tion, 303, 344 ; sectarian instruction for- 
bidden, 647, 918; State board of educa- 



tion, 27-28 ; State normal school, 476 ; 
superintendent of public instruction, 55- 
56, 913 ; suspension and expulsion, 590 ; 
support of higher education, 715 ; teach- 
ers, 375 ; teachers' certificates and ex- 
aminations, 401-402, 433 ; teachers' insti- 
tutes, 498 ; teachers' salaries, 445 ; teach- 
ing drawing, 638 ; textbooks, 605, 618- 
619 ; Virginia City school of mines, 759 ; 
wrongs to children, 818. 

Nevada, University of, 730-731. 

New ITampshire, agricultural education, 
747-748 ; blind, 805 ; bonded indebted- 
ness, 333-334; child labor, 575; com- 
pulsory attendance, 544-546 ; consolida- 
tion of schools, 523 ; course of study, 
629, 636 ; deaf and dumb, 791 ; district 
officers, 147-149 ; educational corpora- 
tions, 768 ; employment of teachers, 440 ; 
feeble-minded, 813 ; flag in schools, 372 ; 
health regulations, 595 ; high schools, 
318, 676, 692 ; humane treatment of 
animals, 637 ; industrial education, 696 ; 
juvenile courts, 823 ; kindergartens, 652 ; 
medical inspection of schools, 598—599 ; 
prohibition districts, 371 ; reform schools, 
846—849 ; school census, 507 ; school dis- 
cipline, 588 ; school districts, 232-233 ; 
school elections and qualifications of 
voters, 186-187; school fund, 279-280, 
312 ; school holidays, 517 ; schoolhouses, 
359-360, 370 ; schoolhouses for com- 
munity purposes, 654 ; school lands, 295 ; 
school libraries, 777—778 ; school meet- 
ings, 186 ; school taxation, 344-345, 353 ; 
sectarian instruction forbidden, 647, 
913 ; State board of education, 28 ; State 
normal schools, 476-477 ; superintendent 
of public instruction, 56 ; suspension and 
expulsion, 590 ; teachers, 375 ; teachers' 
diplomas, 434 ; teachers' examinations 
and certificates, 403 ; teachers' institutes, 
498 ; textbooks, 605, 619 ; vaccination, 
602; wrongs to children, 818. 

New Jersey, agricultural education, 642, 
704, 748-749 ; blind, 805 ; bonded indebt- 
edness, 334 ; child labor, 575-576 ; com- 
missioner of education, 56-57 ; compul- 
sory attendance, 546-547 ; consolidation 
of schools, 523 ; constitutiom 1 provisions 
regarding education, 913-914 ; continua- 
tion schools, 711 ; corporal punishment, 
589 ; county boards, 77 ; county superin- 
tendents, 102-103 ; course of study, 629, 
634, 636 ; deaf and dumb, 791 ; district 
officers, 149 ; educational corporations, 
768 ; employment of teachers, 440 ; feeble- 
minded, 813 ; flag in schools, 372 ; health 
regulations, 595 ; high schools, 318, 676, 
692 ; higher education, 714, 767 ; indus- 
trial education, 640, 696-698 ; juvenile 
courts, 823 ; kindergartens, 650, 652-653 ; 
medical inspection of schools, 599 ; nor- 
mal training in high schools, 490 ; pre- 
vention of accidents, 646 ; reform schools, 
849-851 ; school attendance, 504-505 ; 
school census, 507 ; school districts, 233- 
236 ; school elections, 187 ; school ex- 
tension work, 655 ; school lands, 295 ; 
school fund, 280, 298, 312, 913 ; school 
holidays, 517 ; schoolhouses, 360-361, 
368, 370 ; schoolhouses for community 
purposes, 654 ; school libraries, 778 ; 
school taxation, 303-304, 345 ; sectarian 
instruction forbidden, 647 ; separation of 
the races, 586 ; State board of education, 
28 ; State normal schools, 477 ; suspen- 
sion and expulsion, 590 ; teachers, 375 ; 
teachers' associations, 435 ; teachers' ex- 
aminations and certificates, 403, 431, 
433 ; teachers' institutes and summer 
schools, 498—499 ; teachers' pensions, 455— 
457 ; teachers' salaries, 445—446 ; techni- 
cal education, 764; textbooks, 605, 619; 
trade schools, 709 ; vaccination, 602. 

New Mexico, agricultural education, 642, 
749 ; blind, 805 ; board of education, 916 ; 
bonded indebtedness, 334 ; city boards of 



982 



INDEX. 



education, 150-152 ; compulsory attend- 
ance, 547 ; consolidation of schools, 523 ; 
constitutional provisions regarding educa- 
tion, 914-917 ; county superintendents, 
103 ; course of study, 629-630, 634, 636 ; 
deaf and dumb, 791-792 ; district officers, 
149-150 ; employment of teachers, 440 ; 
flag in schools, 372 ; health regulations, 
595 ; high schools. 318, 676-677 ; indus- 
trial education, 640, 698 ; kindergartens, 
650 ; military schools, 761 ; prohibition 
districts, 371 ; reform schools, 851 ; school 
census, 507 ; school districts, 236-237 ; 
school elections, 187 ; school finance, 321 ; 
school funds, 280-281, 298, 312, 915 ; 
school holidays, 517, 645 ; schoolhouses, 
361, 368 ; schoolhouses for community 
purposes, 654 ; school lands, 295, 916- 
917 ; school taxation, 304, 345-346, 353, 
914-915 ; school year, 513 ; sectarian 
education forbidden, 647, 916 ; separation 
of the races, 586 ; State board of educa- 
tion, 28-29 ; State normal schools, 477- 
478 ; superintendent of public Instruc- 
tion, 57-58, 914 ; teachers, 375 ; teachers' 
diplomas, 434 ; teachers' examinations 
and certificates, 403—405, 433 ; teachers' 
institutes and summer schools, 499 ; 
teachers' salaries, 446 ; technical educa- 
tion, 704 ; textbooks, 605, 619 ; vaccina- 
tion, 602 ; wrongs to children, 818. 

New Mexico, University of, 731-732 ; School 
of Mines, 759-760. 

New Orleans, public schools, 895-896. 

New York, agricultural education, 642, 704- 
705, 749-751 ; blind, 805-806 ; boards of 
education, city and union free-school dis- 
tricts, 152-156 ; bonded indebtedness, 
334 ; child labor, 576-577 ; commissioner 
of education, 58-59 ; compulsory attend- 
ance, 547—549 ; consolidation of schools, 
523 ; constitutional provisions regarding 
education, 917-918 ; continuation schools, 
711 ; courses of study, 630, 636 ; deaf 
and dumb, 792-793 ; educational corpo- 
rations, 768 ; employment of teachers, 
440 ; feeble-minded, 813 ; fire drills, 591 ; 
flag in schools, 372 ; health regulations, 
595 ; high schools, 318, 677, 692 ; higher 
education, 714, 732, 767 ; industrial edu- 
cation, 640, 698-699 ; juvenile courts, 
824 ; kindergartens, 650, 653 ; medical 
inspection of schools, 599 ; normal train- 
ing in high schools, 490 ; prohibition dis- 
tricts, 371 ; reform schools, 851-852 ; 
School census, 507 ; school districts, 237- 
239 ; school elections and qualifications 
of voters, 187-188 ; school finance, 322 ; 
school funds, 281-284, 298, 312, 917 ; 
school holidays, 517, 645 ; schoolhouses, 
361-362, 370 ; schoolhouses for commu- 
nity purposes, 654 ; school lands, 295 ; 
school libraries, 778-779 ; school meet- 
ings, 187 ; school savings' banks, 646 ; 
school taxation, 846-347, 918 ; school 
year, 513; sectarian education forbid- 
den, 918 ; (Reparation of the races, 586 ; 
State board'^of education, 29-31 ; State 
normal schools, 478-479 ; suspension and 
expulsion, 590 ; teachers, 375 ; teachers' 
examinations and certificates, 405, 431, 
433 ; teachers' institutes, 499 ; teachers' 
pensions, 457-459 ; teachers' salaries, 
446 ; technical education, 764-765 ; text- 
books, 605, 619 ; trade schools, 709 ; vac- 
cination, 602. 

Normal schools, 741 ; county and local, 487- 
492 ; recognition of diplomas, 433-436 ; 
State training of teachers, 465-487. 

North Carolina, agricultural schools, 705- 
707, 751-752; blind, 806; child labor, 
577 ; consolidation of schools, 523 ; con- 
stitutional provisions regarding educa- 
tion, 918-920 ; county boards, 78 ; 
county superintendents, 104 ; courses of 
study, 630, 636; deaf and dumb, 793; 
education of Indians, 784 ; employment 
of teachers, 441 ; feeble-minded, 813 ; 
health regulations, 595 ; high schools. 



318, 677-678, 692; industrial education, 
699 ; medical inspection of schools, 599 ; 
reform schools, 852 ; school census, 507 ; 
school districts, 239 ; school elections, 
188 ; school finance, 322-323 ; school 
fund, 298-299, 312; schoolhouses, 362, 
368 ; school lands, 919 ; school libraries, 
779; school taxation, 304, 347, 353; 
school year, 513-514 ; separation of the 
races, 586 ; State board of education, 31 ; 
State normal schools, 479 ; superin- 
tendent of public instruction, 59, 918- 
919 ; support of higher education, 715 ; 
suspension and expulsion, 590 ; teachers, 
375 ; teachers' examinations and certifi- 
cates, 405-406 ; teachers' institutes, 
49P ; teachers' salaries, 446 ; textbooks, 
619-620 ; township officers, 156. 

North Carolina, University of, 732. 

North Dakota, agricultural education, 642, 
707, 752; blind, 806; bonded indebted- 
ness, 834 ; child labor, 577-578 ; compul- 
sory attendance, 549-550 ; consolidation 
of schools, 523 ; constitutional pro- 
visions regarding education, 920- 
924 ; county superintendents, 104-105 ; 
courses of study, 630, 634, 636; deaf 
and dumb, 793; district officers, 157- 
158 ; employment of teachers, 441 ; feeble- 
minded, 813 ; flag in schools, 872 ; high 
schools, 818, 678, 692 ; humane treat- 
ment of animals, 687 ; industrial educa- 
tion, 640, 699-700; kindergartens, 650; 
medical inspection of schools, 599-600 ; 
mining schools, 760 ; moral education, 
637 ; music teaching, 638 ; reform schools, 
852 ; school census, 508 ; school districts, 
289-242; school elections, 188; school 
funds, 284, 299, 312-318, 922-923; 
school holidays, 517 ; schoolhouses, 362- 
868, 868, 870; schoolhouses for com- 
;munity purposes, 654 ; school lands, 
295, 921-922; school libraries, 779; 
school taxation, 804, 847 ; school year, 
514 ; sectarian instruction forbidden, 
647 ; State aid to common schools, 812- 
313 ; State normal schools, 479-480 ; su- 
perintendent of public instruction, 59-60, 
920 ; support of higher education, 715- 
716 ; suspension and expulsion, 590 ; 
teachers, 375 ; teachers' diplomas, 485 ; 
teachers' examinations and certificates, 
406-407, 481 ; teachers' institutes, 499- 
500 ; teachers' pensions, 459 ; teachers' 
salaries, 446 ; teaching drawing, 688 ; 
technical education, 765 ; textbooks, 605- 
606, 620. 

North Dakota, University of, 732-738. 

O. 

Ohio, agricultural education, 642, 752; 
blind, 806-807 ; boards of education, 
158-160 ; bonded indebtedness, 335 ; 
child labor, 578 ; compulsory attendance, 
555-551 ; consolidation of schools, 523 ; 
constitutional provisions regarding edu- 
cation, 924—925 ; continuation schools, 
711 ; ■ county boards, 78-80 ; county 
superintendents, 105 ; course of study, 
630, 634, 636, 648 ; crippled and de- 
formed, 809 ; deaf and dumb, 793-794 ; 
educational corporations, 768-769 ; em- 
ployment of teachers, 441 ; feeble-minded, 
813 ; fire drills, 591 ; flag in schools, 872 ; 
high schools, 318, 678, 692 ; higher edu- 
cation, 714 ; industrial education, 640, 
700 ; juvenile courts, 824-825 ; kinder- 
gartens, 650, 653 ; medical inspection of 
schools, 600 ; moral education, 637 ; 
music teaching, 638 ; normal training in 
high schools, 490 ; prevention of acci- 
dents, 646; reform schools, 852-858; 
school census, 508 ; school districts, 242- 
249; school finance, 323; school fra- 
ternities, 592 ; school fund, 284-286, 299, 
318, 924-925; school holidays, 517; 
schoolhouses, 868-364, 368, 870; school- 
houses for community purposes, 654 ; 



INDEX. 



983 



school lands, 295 ; school libraries, 779- 
780 ; school taxation, 304, 347-348 ; 
school year, 514 ; State board of educa- 
tion, 32 ; State normal schools, 480 ; 
superintendent of public instruction, 60- 
61, 925 ; support of higher education, 
716 ; suspension and expulsion, 590 ; 
teachers, 375 ; teachers' examinations 
and certificates, 407—410 ; teachers' in- 
stitutes, 500 ; teachers' pensions, 459- 
460 ; teachers' salaries, 446 ; teaching 
drawing, 639 ; textbooks, 606, 620 ; 
trade schools, 710 ; tuberculous children, 
816; vaccination, 602. 

Ohio, University of, 733-734. 

Oklahoma, agricultural education, 643, 707, 
752-753 ; blind, 807 ; bonded indebted- 
ness, 335 ; child labor, 578-579 ; com- 
pulsory attendance, 551 ; consolidation of 
schools, 523—524 ; constitutional provi- 
sions regarding education, 925-928 ; 
county boards, 80 ; county superintend- 
ents, 105-106 ; course of study, 630, 634, 
636 ; deaf and dumb, 794 ; district officers, 
160-161 ; employment of teachers, 441 ; 
feeble-minded, 813-814 ; flag in schools, 
373 ; high schools, 678 ; humane treat- 
ment of animals, 637 ; industrial educa- 
tion, 640 ; juvenile courts, 825-826 ; kin- 
dergartens, 650 ; moral education, 637 ; 
music teaching, 638 ; reform schools, 853- 
854 ; school attendance, 505 ; school cen- 
sus, 508 ; school districts, 250-251 ; 
school elections, 188 ; school finance, 324 ; 
school fraternities, 592 ; school fund, 
313, 927 ; school holidays, 645 ; school- 
houses, 364, 370 ; schoolhouses for com- 
munity purposes, 654 ; school lands, 295 ; 
school libraries, 780 ; school taxation, 
348, 926-927 ; school year, 514 ; secta- 
rian instruction forbidden, 647 ; separa- 
tion of the races, 587 ; State board of 
education, 32-33 ; State normal schools, 
480-481 ; superintendent of public in- 
struction, 61 ; suspension and expulsion, 
590 ; teachers, 375 ; teachers' associa- 
tions, 436 ; teachers' certificates and ex- 
aminations, 410-412 ; teachers' diplomas, 
435 ; teachers' institutes, 500-501 ; tech- 
nical education, 765-766 ; textbooks, 606, 
620-621. 

Oklahoma, University of, 734-735, 927. 

Oklahoma School of Mines, 760. 

Oregon, Arbor Day, 645 ; blind, 807 ; 
bonded indebtedness, 335 ; child labor, 
579 ; compulsory attendance, 551—552 ; 
consolidation of schools, 524 ; constitu- 
tional provisions regarding education, 
928-929 ; county boards, 81 ; county su- 
perintendents, 106-107 ; course of study, 
630, 636 ; deaf and dumb, 794-795 ; dis- 
trict officers, 161-162 ; educational cor- 
porations, 769 ; employment of teachers, 
441 ; feeble-minded. 814 ; fire drills, 591 ; 
flag in schools, 373 ; health regulations, 
595; high schools, 318, 678-680; higher 
education, 767 ; industrial education, 640, 
700 ; juvenile courts, 826 ; kindergartens, 
650, 653 ; medical inspection of schools, 
600 ; music teaching, 638 ; normal train- 
ing in high schools, 490 ; reform schools, 
854-855 ; school census, 508 ; school 
fraternities, 592 ; school discipline, 588 ; 
school districts, 251-254 ; school elec- 
tions and voters' qualifications, 188 ; 
school fund, 299, 313 ; school holidays, 
517 ; schoolhouses, 364, 368 ; school- 
houses for community purposes, 654 ; 
school lands, 295, 928 ; school libraries, 
780 ; school meetings, 188 ; school taxa- 
tion, 348 ; school year, 514 ; State board 
of education, 33 ; State normal schools, 
481 ; superintendent of public instruction, 
61-62 ; support of higher education, 716 ; 
suspension and expulsion, 590 ; teachers, 
375 ; teachers' associations, 436 ; teachers' 
certificates and examinations, 412—414 ; 
teachers' examinations and certificates, 
433 ; teachers' institutes, 501 ; teachers' 



pensions, 460-461 ; teachers' salaries, 
446 ; technical education, 766 ; textbooks, 
606, 621 ; trade schools, 710 ; university 
extension, 655 ; vaccination, 602. 
Oregon, University of, 735-736. 



Patriotism, teaching. Bee Civi^Ts. 

Pennsylvania, agricultural education, 643, 
707, 753 ; blind, 807 ; bonded indebted- 
ness, 335 ; child labor, 579-580 ; com- 
pulsory attendance, 552-553 ; consolida- 
tion of schools, 524 ; constitutional pro- 
visions regarding education, 929-930 ; 
continuation schools, 711 ; county boards, 
81 ; county superintendents, 107—108 ; 
course of study, 630, 634, 636 ; deaf and 
dumb, 795 ; educational corporations, 
769 ; employment of teachers, 441-442 ; 
feeble-minded, 814 ; fire drills, 591 ; flag 
in schools, 373 ; health regulations, 595 ; 
high schools, 318, 680-681, 692 ; higher 
education, 714 ; humane treatment of 
animals, 638 ; industrial education, 640, 
700 ; juvenile courts, 826 ; kindergartens, 
650, 653 ; medical inspection of schools, 
600 ; music teaching, 638 ; reform schools, 
855 ; school census, 508 ; school directors, 
162-164; school districts, 254-256; 
school elections, 188 ; school finance, 324- 
325 ; school fraternities, 592 ; school 
fund, 299, 313; school holidays, 517; 
schoolhouses, 364-365, 368, 370; school- 
houses for community purposes, 654 ; 
school libraries, 780-781 ; school taxa- 
tion, 304, 348-349, 929; school year, 
514-515 ; sectarian instruction forbidden, 
647-648 ; separation of the races, 587 ; 
State board of education, 33-34; State 
normal schools, 481-482 ; superintendent 
of public instruction, 62, 929 ; suspension 
and expulsion, 590 ; teachers, 375 ; 
teachers' certificates and examinations, 
414-415, 433; teachers' institutes, 501- 
502 ; teachers' pensions, 461 ; teachers' 
salaries, 446 ; teaching drawing, 639 : 
textbooks, 603, 606, 622; trade schools, 
710 ; vaccination, 602 ; wrongs, to chil- 
dren, 818. 

Pensions, teachers'. Bee Teachers' pensions. 

Philippine Islands, public schools, 972-973. 

Physical education, 634. 

Physical examination of children, 596-601. 

Physiology and hygiene, 634-637. See also 
Health regulations, School hygiene. 

Playgrounds, 654. 

Population, school. Bee School population. 

Porto Rico, public schools, 973-974. 

Private schools, 767-770. 

Professional education, 741-766. 

Prohibition districts and schools, 371. 

R. 

Races, separation, 585-587. 

Reading circles. Bee Teachers' reading 
circles. 

Reform schools, 829-862, 872, 875, 876. 

Rhode Island, agricultural education, 643, 
707,754 ; blind, 807 ; bonded indebtedness, 
335 ; child labor, 580-581 ; commissioner 
of public schools, 62—63 ; compvilsory at- 
tendance, 554 ; consolidation of schools, 
524 ; constitutional provisions regarding 
education. 930 ; course of study, 630, 636 ; 
deaf and dumb, 795-796 ; educational cor- 
porations, 769 ; employment of teachers, 
442 ; feeble-minded, 815 ; fire drills, 591 ; 
flag in schools, 373 ; free public lectures, 
655 ; hazing in colleges, etc., 715 ; high 
schools. State aid, 318, 681 ; industrial 
education, 640, 700—701 ; juvenile courts, 
826 ; kindergartens, 653 ; medical inspec- 
tion of schools, 600 ; moral education, 
637 ; prohibition districts, 371 ; reform 
schools, 855—856 ; school census, 508 ; 
school committee, 164—165 ; school disci- 
pline, 588 ; school districts, 256-257 ; 



984 



INDEX. 



school elections, 188 ; school fund, 299, 
313-314. 9oU ; school holidaj-s, 5l7, 
645 ; school houses, 365, 370 ; school 
libraries, 781 ; school taxation, 349, 
353 ; school year, 515 ; State board 
of education, 34-35 ; State normal 
schools, 482 ; separation of the races, 
587 ; suspension and expulsion, 590 ; 
teachers, 375 ; teachers' certificates and 
examinations, 415 ; teachers' institutes, 
502 ; teachers' pensions, 461 ; teachers' 
salaries, 447 ; teaching drawing, 639 ; 
textbooks, 606, 622 ; trade schools, 710 ; 
tuberculous children, 816 ; vaccination, 
602. 
Rural schools, State aid, 314. 

S. 

Salaries, teachers'. See Teachers' salaries. 

Samoa, public schools, 974. 

Savings banks. See School savings banks. 

Scholarships, free, 713-714. 

School attendance, 504-587. See also 
Compulsory attendance. 

School boards. See Boards of education. 

School committees, Connecticut, 121-122 ; 
Maine, 133-134 ; Massachusetts, 134r- 
137 ; Rhode Island, 164-165. 

School directors, Pennsylvania, 162-164. 

School discipline, 587-592. 

School districts, 191-270, 318-353. 

School extension work, 655. 

School fraternities, 591-592. 

School funds, 305-317, 872, 875, 877, 879- 
881, 883-884, 886-890. 892-896, 901- 
905, 908, 910-911. 913-914, 918-919, 922, 
924-925, 929, 933-934, 938-939, 942, 
947-950, 952-954. See also State finance 
and support. 

School holidays, 516-518. 

Schoolhouses, decoration and care, 369- 
371 ; for community purposes, 654 ; in- 
spection and sanitation, 369—371 ; plans, 
354-367 ; prohibition districts, 371 ; pro- 
visions against fire, 356, 358, 360-361, 
363-364, 369-371 ; State aid, 367-369 ; 
United States flag displayed, 372-373. 

School hygiene, 593-602. See also Physi- 
ology and hygiene. 

School lands, 869-870, 873, 889-891, 907, 
909-910, 916, 919, 921-922, 928-929, 
934-935, 939-940, 942, 948, 950-951. 
See also School funds. 

School meetings, 181-190. 

School population, 504-587. 

School savings' banks, 646. 

School supervision, 871. 

School supplies. See under Textbooks. 

School taxation, 869-870, 875, 878, 880- 
884, 886, 891-892. 894, 897-899, 905-906, 
908, 912, 914-915, 926-927, 930-931, 941, 
943, 945-946, 949. 

School term. See under School year. 

School trustees, city. 129-130. 

School year, 510-515. 

Secondary education, 655-692 ; special State 
aid, 317—318. See also High schools 
and under names of States. 

Sectarian instruction, 647-648, 867, 871, 
873-874, 885, 893, 899, 913. See also 
Bible in the school ; Constitutional pro- 
visions regarding education ; and under 
names of States. 

Segregation of the races, 585-587. 

Separation of races, 585—587. 

Smith-Lever Act, 965-967. 

Social centers, schools as, 654. 

South Carolina, agricultural education, 
643. 754-755 ; blind, 807 ; bonded in- 
debtedness, 335 ; child labor, 581 ; con- 
solidation of schools, 524 ; constitutional 
provisions regarding education, 930-933 ; 
county boards, 81 ; county superintend- 
ents, 108 ; course of study, 630, 636 ; 
deaf and dumb, 796 ; district officers, 
165-166 ; educational corporations, 769 ; 
employment of teachers, 442 ; flag in 
schools, 373 ; health regulations, 595— 



596 ; high schools, 318, 681-682, 692 ; 
industrial education, 640 ; juvenile 
courts, 826; kindergartens, 650, 653; 
military schools, 761 ; normal training 
in high schools, 490 ; reform schools, 
856 ; school districts, 257 ; school elec- 
tions, 189 ; school fraternities, 592 ; 
school fund, 286, 314 ; school holidays, 
517 ; schoolhouses, 365, 368, 370 ; school 
libraries, 781 ; school taxation, 304, 349, 
353, 930-933 ; school term, 515 ; sec- 
tarian instruction forbidden, 648 ; sepa- 
ration of the races, 587 ; South Caro- 
lina Day, 646 ; State aid to rural schools, 
314 ; State board of education, 35 ; 
State normal schools, 483 ; superintend- 
ent of education, 63 ; support of higher 
education, 716 ; suspension and expul- 
sion, 590 ; teachers, 375 ; teachers' cer- 
tiflcates and examinations, 415 ; teach- 
ers' diplomas, 435 ; teachers' examina- 
tions and certificates, 431, 433 ; teach- 
ers' institutes, 502 ; teachers' pensions, 
461 ; technical education, 766 ; text- 
books, 603, 606, 622 ; vaccination, 602. 

South Dakota, agricultural education, 643- 
644, 755 ; blind, 807 ; bonded indebted- 
ness, 335-336 ; child labor, 581 ; com- 
pulsory attendance, 554 ; constitutional 
provisions regarding education, 933-938 ; 
county boards, 82 ; county superintend- 
ents, 108-109 ; course of study, 630, 634, 
636 ; deaf and dumb, 796-797 ; district 
officers, 166-167 ; employment of teach- 
ers, 442 ; farmers' institutes, 655 ; feeble- 
minded, 815 ; flag in schools, 373 ; high 
schools, 682, 692 ; humane treatment of 
animals, 638 ; juvenile courts, 826 ; kinder- 
gartens, 650 ; Memorial Day, 646 ; moral 
education, 637 ; music teaching, 638 ; 
prohibition districts, 371 ; reform school, 
856 ; school census, 508 ; school districts, 
258-259 ; school elections, 189 ; school 
fund, 314, 933-936 ; school holidays, 517 ; 
schoolhouses, 365, 370 ; schoolhouses for 
community purposes, 654 ; school of 
mines, 760 ; school land, 934-936 ; school 
libraries, 781-782 ; school taxation, 349, 
353 ; school year, 515 ; State board of 
education, 35—36 ; State normal schools, 
483 ; superintendent of public instruc- 
tion, 63 ; suspension and expulsion, 590 ; 
teachers, 375 ; teachers' associations, 
436 ; teachers' certificates and examina- 
tions, 415-416, 433 ; teaching drawing, 
639 ; textbooks, 606, 622. 

South Dakota, University of, 736. 

Special classes, education, 784—816. 

State boards of education. See Boards of 
education. State. 

State constitutional provisions relating to 
public education, 863-955. 

State finance and support, 270-318. See 
also under names of States. 

State inspection of schools, 68-69. 

State officers, 43-68. See also under nam.es 
of States. 

State school lands, 292-295. 

State taxation for schools, 300-304. 

Summer schools, for teachers, 492-504. 

Superintendents of education, county, 85- 
115. 

Superintendents of public instruction, pow- 
ers and duties, 43-68, 863-864, 868-869, 
873, 875, 880, 899-900, 903-904, 908, 
910, 913, 914, 918-919, 925, 929, 942, 
945, 947—948. See also under names of 
States. 

Supervision of public education, 15-270. 

Suspension and expulsion, 589—590. 



Taxation, schools, 300-304, 339-353, 863- 
868. See also Finance and under names 
of States. 

Teachers, employment, 436—464 ; examina- 
tion and certification, 373-436 ; profes- 
sional training and education, 465-504; 



INDEX. 



985 



qualifications, 373-376; recognition of 
normal school and college or university 
diplomas, 433-435 ; tenure of office and 
duties, 436-444. 

Teachers' associations, 435—436. 

Teachers' colleges, 741. iiee also Normal 
schools. 

Teachers institutes, 492-504. 

Teachers' pensions, 447—465. 

Teachers' reading circles, 435—436. 

Teachers' salaries, 444—447. 

Technical education, 639-641, 692-711, 
741-766. 

Temperance, instruction, 634—637. 

Tennessee, agricultural education, 644, 707, 
755 ; blind, 807-808 ; bonded indebted- 
ness, 336 ; child labor, 581-582 ; compul- 
sory attendance, 555 ; consolidation of 
schools, 525 ; constitutional provisions 
regarding education, 938 ; county boards, 
82-83 ; county superintendents, 109 ; 
course of study, 630, 636 ; deaf and 
dumb, 797 ; district officers, 167 ; edu- 
cational corporations, 769 ; employment 
of teachers, 443 ; health regulations, 
596; high schools, 318, 682-683, 692; 
industrial education, 640, 701 ; juvenile 
courts, 826-827 ; medical inspection of 
schools, 600 ; reform schools, 856—857 ; 
school census, 508 ; school discipline, 
588 ; school districts, 259-260 ; school 
elections, 189; school fund, 286-288, 
299, 314, 938 ; school holidays, 646 ; 
schoolhouses, 365 ; school libraries, 782 ; 
school taxation, 304, 349, 353, 938; 
school year, 515 ; separation of the 
races, 587 ; State board of education, 36 ; 
State normal schools, 483 ; superintend- 
ent of public instruction, 63-64 ; support 
of higher education, 716 ; suspension and 
expulsion, 590 ; teachers, 375 ; teachers' 
diplomas, 435 ; teachers' examinations 
and certificates, 417—418 ; teachers' in- 
stitutes, 502 ; teachers' salaries, 447 ; 
textbooks, 606, 622-623; wrongs to chil- 
dren, 818. 

Tennessee, University of, 736. 

Texas, agricultural education, 644, 755- 
756; blind, 808; bonded indebtedness, 
336 ; child labor, 582 ; consolidation of 
schools, 525 ; constitutional provisions 
regarding education, 938-941 ; county 
boards, 83; course of study, 630-631, 
634, 637 ; deaf and dumb, 797 ; district 
officers, 167-168 ; employment of teach- 
ers, 443 ; health regulations, 596 ; high 
schools, 318, 683-684; industrial educa- 
tion, 640 ; juvenile courts, 827 ; kinder- 
gartens, 650 ; reform schools, 857 ; school 
census, 508-509 ; school districts, 260- 
261 ; school finance, 325 ; school fund, 
288, 299, 314, 938-939 ; school holidays, 
517 ; schoolhouses, 365, 368, 370 ; 
school lands, 295, 939-941 ; school of 
mines, 760; school taxation, 304, 349- 
350, 353 ; school year, 515 ; sectarian in- 
struction forbidden, 648 ; separation" of 
the races, 587 ; superintendent of public 
instruction, 64 ; support of higher educa- 
tion, 716 State board of education, 37 ; 
State normal schools, 483 ; teachers, 375 ; 
teachers' examinations and certificates, 
418-419, 433; teachers' institutes, 502; 
teachers' salaries, 447 ; technical educa- 
tion, 766 ; textbooks, 623 ; vaccination, 
602. 

Texas, University of, 736, 941. 

Textbooks, 602-603; free, 603-607; uni- 
formity, 607-626, 873-874. 

Thanksgiving Day. See School holidays. 

Township officers, 120-121 ; Illinois, 124- 
128 ; Indiana, 128-129 ; Massachusetts, 
139 ; North Carolina, 156. 

Townships, 191, 196-197, 206. 

Trade schools, 709-711. 

Transportation of pupils to school, 317, 
518-526. See also Consolidation of 
schools. 

Truancy and truant officers, 527-529. 



Tuberculous children, 816. 

Tulane University, development, 895. 

Types of schools, 648-655. 

U. 

Union districts, California, 195. 

Union (or graded) districts, 209. 

Universities, State, 716-741. See also Mu- 
nicipal universities. 

Universities, training of teachers, 465. 

University and school extension, 655. 

University diplomas, recognition, 433-436. 

Utah, agricultural education, 756 ; blind, 
808 ; board of education, 943 ; bonded in- 
debtedness, 336 ; child labor, 582 ; com- 
pulsory attendance, 555 ; consolidation 
of schools, 525 ; constitutional provisions 
regarding education, 941-944 ; county 
boards, 83 ; county superintendent, 111 ; 
course of study, 631, 634, 637; deaf 
and dumb, 797-798 ; district officers, 
168-169 ; employment of teachers, 443 ; 
feeble-minded, 815 ; flag in schools, 
373 ; health, regulations, 596 ; high; 
schools, 318, 684, 692 ; industrial edu- 
cation, 640, 701 ; juvenile courts, 827 ; 
kindergartens, 650 ; medical inspection 
of schools, 600 ; moral education, 637 ; 
reform school, 858 ; school census, 509 ; 
school districts, 261-264 ; school elections, 
189 ; school libraries, 782 ; school fund, 
288, 315; school holidays, 517; school- 
houses, 365, 368 ; schoolhouses for com- 
munity purposes, 654 ; school land, 942 ; 
school of mines, 760 ; school taxation, 
304, 350, 943 ; school year, 515 ; sectarian 
instruction forbidden, 648 ; State board 
of education, 37 ; State normal schools, 
483 ; superintendent of public instruc- 
tion, 64-65, 942 ; support of higher edu- 
cation, 716 ; teachers, 375 ; teachers' 
diplomas, 435 ; teachers' examinations 
and certificates, 419-420, 431, 433; 
teachers' institutes, 502 ; teachers' pen- 
sions, 461-462 ; teachers' salaries, 447 ; 
teaching drawing, 639 ; textbooks, 606, 
623. 

Utah, University of, 737. 



Vacation schools, 654. See also Play- 
grounds. 

Vaccination, 601-602. 

Vermont, agricultural education, 644, 707- 
708 ; blind, 808 ; bonded indebtedness, 
336 ; child labor, 582-583 ; compulsory 
attendance, 556 ; consolidation of schools, 
525 ; course of study, 631, 634, 637 ; deaf 
and dumb, 798 ; district officers, 169-170 ; 
educational corporations, 770 ; employ- 
ment of teachers, 443 ; feeble-minded, 
815 ; fire drills, 591 ; flag in schools, 373 ; 
high schools, 684-685, 692 ; higher educa- 
tion, 737 ; industrial education, 640 ; 
juvenile courts, 827 ; kindergartens, 651, 
653 ; medical inspection of schools, 600- 
601 ; military education, 762 ; music 
teaching, 638 ; normal training in high 
schools, 490-491 ; reform school, 858- 
859 ; school census, 509 ; school districts, 
264-265 ; school elections, 189 ; school 
fraternities, 592 ; school fund, 288, 299 
315; school holidays, 517, 646; school 
houses, 365-366; school lands, 295: 
school libraries, 782-783 ; school taxa 
tion, 304, 350-351, 353 ; school year, 515 
State board of education, 37-38 ; State 
normal schools, 484 ; superintendent of 
education, 65-66 ; support of higher edu- 
cation, 716 ; suspension and expulsion, 
590 ; teachers, 375 ; teachers' diplomas, 
435 ; teachers' examinations and certifi- 
cates, 420-422 ; teachers' institutes, 502 ; 
teachers' pensions, 462-463 ; teaching 
drawing, 639 ; textbooks, 606, 623 ; use of 
lantern slides, 646. 



986 



INDEX. 



Virginia, agricultural education, 644, 708, 
756-757 ; blind, 808 ; board of education, 
944-945 ; bonded indebtedness, 336-337 ; 
child labor, 583 ; compulsory attendance, 
556—557 ; consolidation of schools, 525 : 
constitutional provisions regarding ed- 
ucation, 944-946 ; continuation schools, 
711 ; county boards, P3-84 ; county su- 
perintendent, 111 ; course of study, 632, 
634, 637; deaf and dumb, 798-799; di- 
vision superintendents, 170 ; district of- 
ficers, 170-171 ; employment of teachers, 
443 ; farmers' institutes, 655 ; health reg- 
ulations, 596 ; high schools, 318, 685- 
686, 692 ; industrial education, 640, 701 ; 
juvenile courts, 828 ; medical inspection 
of schools, 601 ; normal training in high 
schools, 491 ; reform school, 859 ; school 
attendance, 505 ; school census, 509 ; 
school discipline, 588 ; school districts, 
265-267 ; school elections, 189 ; school 
fund, 28S-289, 300, 315, 945-946 ; school 
holidays, 518, 646; schoolhouses, 366, 
368, 371 ; schoolhouses for community 
purposes, 654 ; school lands, 295 ; school 
taxation, 304, 351, 353, 944r-945 ; school 
year, 515 ; separation of the races, 587 ; 
State board of education, 38-39 ; State 
. normal schools, 484 ; superintendent of 
public instruction, 66, 945 ; suspension 
and expulsion, 590 ; teachers, 375 ; teach- 
ers' dipiomas, 435 ; teachers' examina- 
tions and certificates, 422, 432, 433 ; 
teachers' institutes, 502 ; teachers' pen- 
sions, 463-464 ; teachers' salaries, 447 ; 
teaching drawing, 639 ; textbooks, 606, 
623; trade schools, 710. 

Virginia, University of, 737-738. 

Virginia Military Institute, 762. 

Vocational schools, 692-711. 

Voters, qualifications, 181-190. 

W. 

Washington, agricultural education, 644, 
757-758; blind, 808; bonded indebted- 
ness, 337-338 ; Carnegie fund, 741 ; child 
labor, 583 ; compulsory attendance, 557 ; 
consolidation of schools, 525 ; constitu- 
tional provisions regarding education, 
946-948 ; county boards, 84 ; county su- 
perintendent, 111-112 ; course of study, 
632, 634, 637, 648 ; deaf and dumb, 799 ; 
district officers, 171-174, 181 ; school 
elections and qualifications, 189 ; em- 
ployment of teachers, 443 ; feeble- 
minded, 815-816 ; fire drills, 591 ; flag in 
schools, 373 ; health regulations, 596 ; 
high schools, 318, 686, 692; humane 
treatment of animals, 638 ; industrial ed- 
ucation, 640, 701 ; juvenile courts, 828-' 
829 ; kindergartens, 651, 653 ; moral ed- 
ucation, 637 ; music teaching, 638 ; pro- 
hibition districts, 371 ; reform school, 
859-860 ; school census, 509 ; school dis- 
tricts, 267-269 ; school finance, 325 ; 
school fraternities, 592 ; school fund, 
289-290, 300, 315-316, 947-948; school 
holidays, 518; schoolhouses, 366, 368, 
371 ; schoolhouses for community pur- 
poses, 654 ; school lands, 295, 948 ; school 
libraries, 783 ; school taxation, 304, 351 ; 
school year, 515 ; sectarian instruction 
forbidden, 648, 948 ; State board of edu- 
cation, 39-40 ; State normal schools, 484- 
485 ; superintendent of public instruction, 
66-67, 947 ; support of higher education, 
716 ; suspension and expulsion, 598 ; 
teachers, 375-376 ; teachers' diplomas, 
435 ; teachers' examinations and certifi- 
cates, 422-424, 432-433 ; teaching draw- 
ing, 639 ; teachers' institutes, 502-503 ; 
textbooks, 606, 623-624; vaccination, 
602. 

Washington, University of, 738. 

Washington's Birthday. See School holi- 
days. 



West Virginia, agricultural education, 644, 
758 ; blind, 808 ; boards of education 
174-177 ; bonded indebtedness, 338 : 
child labor, 584 ; compulsory attendance 
557-558 ; consolidation of schools, 525 
constitutional provisions regarding educa 
tion, 948-950 ; county superintendents 
112-113 ; course of study, 632, 634, 637 
deaf and dumb, 799-800 ; district officers, 
174-177 ; employment of teachers, 443 
health regulations, 596 ; high schools 
318, 686-687, 692; industrial education 
701 ; juvenile courts, 829 ; flag in schools 
373 ; kindergartens, 651 ; medical inspec 
tion of schools, 601 ; reform school, 860- 
861 ; school census, 509 ; school disci- 
pline, 588 ; school districts, 269 ; school 
elections, 189 ; school finance, 325 ; 
school fund, 291, 300, 316, 949-950 ; 
school holidays, 518 ; schoolhouses, 366, 
368, 371 ; schoolhouses, for community 
purposes, 654 ; school libraries, 783 ; 
school taxation, 304, 351, 950 ; school 
year, 515 ; separation of the races, 587 ; 
State board of education, 40-42 ; State 
normal schools, 485-486 ; superintendent 
of free schools, 67, 948 ; suspension and 
expulsion, 590 ; teachers, 376 ; teachers' 
associations, 436 ; teachers' diplomas, 
435 ; teachers' examinations and certifi- 
cates, 424-425, 432-433; teachers' insti- 
tutes, 503 ; teachers' salaries, 447 ; text- 
books, 606, 624-625 ; wrongs to children, 
818 

West Virginia, University of, 738-739. 

Wisconsin, agricultural education, 644, 
708-709, 758; blind, 808-809; bonded 
indebtedness, 338-339 ; child labor, 584- 
585 ; compulsory attendance, 558-559 ; 
consolidation of schools, 525-526 ; con- 
stitutional provisions, regarding educa- 
tion, 950-951 ; continuation schools, 
711 ; county boards, 84 ; county superin- 
tendents, 113-114 ; course of study, 632- 
634, 637, 648; crippled and deformed, 
809 ; deaf and dumb, 800 ; district offi- 
cers, 177-181 ; educational corporations, 
770 ; employment of teachers, 444 ; 
feeble-minded, 816 ; flag in schools, 373 ; 
health regulations, 596 ; high schools, 
318, 687-692; higher education, 767; 
humane treatment of animals, 638 ; in- 
dustrial education, 641, 701-702 ; juve- 
nile courts, 829 ; kindergartens, 651, 
653 ; military education, 762 ; moral 
education, 637 ; normal training in high 
schools, 491-492 ; prohibition districts, 
371; reform schools, 861-862; school 
census, 509-510; school districts, 269; 
school elections and qualifications of 
voters, 189—190 ; school extension work, 
655; school fund, 291, 300, 316-317; 
school holidays, 518, 646 ; schoolhouses, 
366-368, 371 ; schoolhouses for commu- 
nity purposes, 654 ; school land, 950- 
951 ; school libraries, 783-784 ; school 
meetings, 189 ; school taxation, 304, 
352 ; school year, 515 ; sectarian in- 
struction, 648 ; State aid to common 
schools, 291, 316; State board of educa- 
tion, 42 ; State normal schools, 486- 
487 ; superintendent of public instruc- 
tion, 67-68 ; support of higher educa- 
tion, 716 ; suspension and expulsion, 
590 ; teachers, 376 ; teachers' diplomas, 
435 ; teachers' examinations and certifi- 
cates, 425-429 ; teachers' institutes, 503 ; 
teachers' pensions, 464-465 ; teachers' 
salaries, 447 ; technical education, 766 ; 
textbooks, 606, 625-626; trade schools, 
710 ; vaccination, 602 ; wrongs to chil- 
dren, 818. 

Wisconsin, University of, 739-740. 

Wisconsin Mining Trade School, 760-761. 

Wyoming, agricultural education, 644, 758 ; 
blind, 809; bonded indebtedness, 339; 
child labor, 585 ; compulsory attendance, 



INDEX. 



987 



559 ; consolidation of schools, 526 ; con- 
stitutional provisions regarding educa- 
tion, 952-955 ; county boards, 84 ; county- 
superintendents, 114-115 ; course of 
study, 683-634, 637 ; deaf and dumb, 
800-801 ; educational corporations, 770 ; 
employment of teachers, 444 ; feeble- 
minded, 816 ; flag in schools, 373 ; high 
schools, 691 ; humane treatment of ani- 
mals, 638 ; industrial education, 641, 
702 ; juvenile courts, 829 ; kindergartens, 
651 ; moral education, 637 ; reform school, 
862 ; school census, 510 ; school discipline, 
589 ; school districts, 270 ; school elec- 
tions, 190 ; school finance, 325 ; school 
fund, 291, 300, 317, 952-953; school 
holidays, 518 ; schoolhouses, 367 ; school 
lands, 295, 953; school libraries, 784; 



school year, 515 ; State board of educa- 
tion, 42 ; State normal schools, 487 ; 
school taxation, 304, 353, 954-955; 
separation of the races, 587 ; superintend- 
ent of public instruction, 68 ; support 
of higher education, 716 ; suspension and 
expulsion, 590 ; teachers, 376 ; teachers' 
diplomas, 435 ; teachers' examinations and 
certificates, 429-430, 432-433 ; teachers' 
institutes, 503-504 ; teachers' salaries, 
447 ; textbooks, 606-607, 626 ; vaccina- 
tion, 602 ; wrongs to children, 818. 
Wyoming, University of, 740-741, 953-954. 

Y. 

Yale University, charter, 879. 



BULLETIN OF THE BUREAU OF EDUCATION. 

[Note. — With tbe exceptions iadicated, the documents named below will be sent free of charge upon 
application to the Commissioner of Education, Washington, D. C. Those marked with an asterisk (*) 
are no longer available for free distribution, but may be had of the Superintendent of Documents, Govern- 
ment Printing Office, Washington, D . C. , upon payment of the price stated. Remittances should be made 
in coin, currency, or money order. Stamps are not accepted. Numbers omitted are out of print.] 

1906. 

*No. 3. State school systems: Legislation and judicial decisions relating to public education, Oct. 1, 1904. 
to Oct. 1, 1906. Edward C. Elliott. 15 cts. 

1908. 

*No. 6. The apprenticeship system in its relation to industrial education. Carroll D. Wright. 15 cts. 
No. 8. Statistics of State universities and other institutions of higher education partially supported by 
the State, 1907-8. 

1909. 

No. 2. Admission of Chinese students to American colleges. John Fryer. 
*No. 3. Daily meals of school children. Caroline L. Hunt. 10 cts. 
No. 5. Statistics of public, society, and school libraries in 1908. 
No. 7. Index to the Reports of the Commissioner of Education, 1867-1907. 
*No. 8. A teacher's professional library. Classified list of 100 titles. 5 cts. 
No. 10, Education for efficiency in railroad service. J. Shirley Eaton. 
*No. 11. Statistics of State universities and other institutions of higher education partially supported by 
the State, 1908-9. 5 cts. 

1910. 

No. 2. State school systems: III. Legislation and judicial decisions relating to public education, Oct. 1, 

1908, to Oct. 1, 1909. Edward C. Elliott. 
*No. 5. American schoolhouses. Fletcher B. Dresslar. 75 cts. 

1911. 

*No. 1. Bibliography of science teaching. 5 cts. 

*No. 3. Agencies for the improvement of teachers in service. WiUiam C. Ruediger. 15 cts. 

*No. 4. Report of the commission appointed to study the system of education in the public schools of 

Baltimore. 10 cts. 
*No. 5. Age and grade census of schools and colleges. George D. Strayer. 10 cts. 
*No. 6. Graduate work in mathematics in universities and in other institutions of like grade in the United 

States. 5 cts. 
No. 7. Undergraduate work in mathematics in colleges and universities. 
No. 9. Mathematics in the technological schools of collegiate grade in the United States. 
*No. 13. Mathematics in the elementary schools of the United States. 15 cts. 
*No. 14. Provision for exceptional children in the public schools. J. H. Van Sickle, Lightner Witmer, 

and Leonard P. Ayres. 10 cts. 
*No. 15. Educational system of China as recently reconstructed. Harry E. King. 10 cts. 
No. 19. Statistics of State universities and other institutions of higher education partially supported by 
the State, 1910-11. 

1913. 

*No. 1. A course of study for the preparation of rural-school teachers. F. Mutchler and W. J. Craig. 5 cts. 
*No. 3. Report of committee on uniform records and reports. 5 cts. 
*Na. 4. Mathematics in technical secondary schools in the United States. 5 cts. 
*No. 5. A study of expenses of city school systems. Harlan Updegraff. 10 cts. 
*No. 6. Agricultural education in secondary schools. 10 cts. 
*No. 7. Educational status of niu-stng. M. Adelaide Nutting. 10 cts. 
*No. 9. Country schools for city boys. William S. Myers. 10 cts. 
No. 11. Current educational topics. No. I. 

*No. 13. Influences tending to improve the work of the teacher of mathematics. 5 cts. 
*No. 14. Report of the American commissioners of the international commission on the teaching of mathe- 
matics. 10 cts. 
*No. 17. The Montessori system of education. Anna T. Smith. 5 cts. 



n BULLETIN OF THE BUREAU OF EDUCATION. 

*No. 18. Teaching language through agriculture and domestic science. M. A. Leiper. 5 cts. 

*No. 19. Professional distribution of college and university graduates. Bailey B. Bvirritt, 10 cts. 

*No. 20. Readjustment of a rural high school to the needs of the community. H. A. Brown. 10 cts. 

*No. 22. Public and private high schools. 25 cts. 

*No. 23. Special collections in libraries in the United States. W. D. Johnston and I..G. Mudge. 10 cts. 

No. 26. Bibliography of child study for the years 1910-11. 

No. 27. History of public-school education in Arkansas. Stephen B. Weeks. 
*No. 28. Cultivating school grounds in Wake Coimty, N. C. Zebulon Judd. 5 cts. 

No. 29. Bibliography of the teaching of mathematics, 1900-1912. D. E. Smith and C. Goldziher. 

No. 30, Latin-American imiversities and special schools. Edgar E. Brandon. 

1913. 

No. 1. Monthly record of current educational publications, January, 1913. 
*No. 2. Traim'ng courses for rural teachers. A. C. Monahan and R. H. Wright. 5 cts. 
*No. 3. The teaching of modem languages in the United States. Charles H. Handschin. 15 cts. 
*No. 4. Present standards of higher education in the United States. George E. MacLean. 20 cts. 

No. 5. Monthly record of current educational publications, February, 1913. 
*No. 6. Agricultural instruction in high schools. C. H. Eobison and E. B. Jenks. 10 cts. 
*No. 7. College entrance requirements. Clarence D. Kingsley. 15 cts. 
*No. 8. The status of rural education in the United States. A. C. Monahan. 15 cts. 
*No. 9. Consular reports on continuation schools in Prussia. 5 cts. 

No. 11. Monthly record of current educational publications, April, 1913. 
*No. 12. The promotion of peace. Fannie Fern Andrews. 10 cts. 

*No. 13. Standards and tests for measuring the efficiency of schools or systems of schools. 5 cts. 
*No. 14. Agricultural instruction in secondary schools. 10 cts. 

No. 15. Monthly record of current educational publications. May, 1913. 
*No. 16. Bibliography of medical inspection and health supervision. 15 cts. 
*No. 17. A trade school for girls. A preliminary investigation in a typical manufacturing city, Worcester, 

Mass. 10 cts. 
*No. 18. The fifteenth international congress on hygiene and demography. Fletcher B. Dresslar. 10 cts. 

No. 19. German industrial education and its lessons for the United States. Holmes Beckwith. 
*No. 20. Illiteracy in the United States. 10 cts. 

No. 21. Monthly record of current educational publications, June, 1913. 
*No. 22. Bibliography of industrial, vocational, and trade education. 10 cts. 
*No. 23. The Georgia club at the State Normal School, Athens, Ga., for the study of rmal sociology. E. C. 

Branson. 10 cts. 
*No. 24. A comparison of public education in Germany and in the United States. Georg Kerschensteiner. 

5 cts. 
*No. 25. Industrial education in Columbus, Ga. Roland B. Daniel. 5 cts. 
*No. 26. Good roads arbor day. Susan B. Sipe. 10 cts. 

*No. 28, Expressions on education by American statesmen and publicists. 5 cts. 
*No.29. Accredited secondary schools in the United States. Kendric C. Babcock. 10 cts. 
*No. 30. Education in the South. 10 cts. 
*No. 31. Special features in city school systems. 10 cts. 
*No. 34. Pension systems in Great Britain. Raymond W. Sies. 10 cts. 
*No. 35. A list of books suited to a high-school library. 15 cts. 
*No. 36. Report on the work of the Bureau of Education for the natives of Alaska, 1911-12. 10 cts. 

No. 37. Monthly record of current educational publications, October, 1913. 
*No. 38. Economy of time in education. 10 cts. 

*No. 40. The reorganized school playground. Hemy S. Curtis. 10 cts. 
*No. 41. The reorganization of secondary education. 10 cts. 

*No. 42. An experimental rural school at Winthrop College. H."S. Browne. 10 cts. 
*No. 43. Agriculture and rural-life day; material for its observance. Eugene C. Brooks. 10 cts. 
*No. 44. Organized health work in schools. E. B. Hoag. 10 cts. 

No. 45. Monthly record of current educational publications, November, 1913. 
*No. 46. Educational directory, 1913. 15 cts. 

*No. 47. Teaching material in Government publications. F. K. Noyes. 10 cts. 
*No. 48. School hygiene. W. Carson Ryan, jr. 15 cts. 

No. 49. The Farragut School, a Teimessee country-life high school. A. C. Monahan and Adams Phillips. 
*No. 50. The Fitchburg plan of cooperative industrial education, M. R. McCann. 10 cts. 
*No. 51. Education of the immigrant. 10 cts, 
*No. 52, Sanitary schooUiouses. Legal requirements in Indiana and Ohio. 5 cts. 

No, 53, Monthly record of current educational publications, December, 1913, 

No. 54. Cons\ilar reports on industrial education in Germany. 

No. 55. Legislation and judicial decisions relating to education, October 1, 1909, to October 1, 1912. 
James C. Boy kin and WiUiam R. Hood. 

No. 58. Educational system of rural Deimiark. Harold W. Foght, 



2 

m 



BULLETIN OF THE BUKEAU OF EDUCATION. Ill 

No. 59. Bibliography of education for 1910-11. 

No. 60. Statistics of State universities and other institutions of higher education partially supported by 
the State, 1912-13. 

1914. 

No. 2. Comptilsory school attendance. 

No. 3. Monthly record of current educational publications, February, 1914. 

No. 4. The school and the start in life. Meyer Bloomfield. 

No. 5. The folk high schools of Denmark. L. L. Friend. 

No. 6. Kindergartens in the United States. 

No. 7. Monthly record of current educational publications, March, 1914. 
*No. 8. The Massachusetts home-project plan of vocational agricultural education. H. "W. Stimson. 15cts. 

No. 9. Monthly record of cmrent educational publications, April, 1914. 

No. 10. Physical growth and school progress. B. T. Baldwin. 
*No. 11. Monthly record of current educational publications, May, 1914. 5 cts. 

No. 12. Rural schoolhouses and groimds. F. B. Dresslar. 

No. 13. Present status of drawing and art in the elementary and secondaiy schools of the United States. 
Royal B. Famum. 

No. 14. Vocational guidance. 

No. 15. Monthly record of current educational publications. Index. 

No. 16. The tangible rewards of teaching. James C. Boykin and Roberta King. 

No. 17. Sanitary survey of the schools of Orange County, Va. Roy K. Flannagan. 

No. 18. The public school system of Gary, Ind. "William P. Burris. 

No. 19. University extension iu the United States. Louis E. Reber. 

No. 20. The rural school and hookworm disease. J. A. Ferrell. 

No. 21. Monthly record of current educational publications, September, 1914. 

No. 22. The Danish folk high schools. H. W. Foght. 

No. 23. Some trade schools in Europe. Frank L. Glynn. 

No. 24. Danish elementary rural schools. H. W. Foght. 

No. 25. Important features in. rural school improvement. W. T. Hodges. 

No. 26. Monthly record of current educational publications, October, 1914. 
*No. 27. Agricultural teaching. 15 cts. 

No. 28. The Montessori method and the kindergarten. Elizabeth Harrison. 

No. 29. The kindergarten in benevolent institutions. 
*No. 30. Consolidation of rural schools and transportation of pupils at public expense. A. C. Monahan, 

25 cts. 
*No. 31. Report of the work of the Bureau of Education for the natives of Alaska. 25 cts. 

No. 32. Bibliography of the relation of secondary schools to higher education. R. L. Walkley. 

No. 33. Music ia the public schools. Will Earhart. 

No. 34. Library instruction in universities, colleges, and normal schools. Henry R. Evans. 

No. 35. The training of teachers in England, Scotland, and Germany. Charles H. Judd. 
*No. 36. Education for the home — Parti. General statement. B.R.Andrews. 10 cts. 
*No. 37. Education for the home — Part II. State legislation, schools, agencies. B.R.Andrews. 30 cts. 

No. 38. Education for the home — Part III. Colleges and universities. B. R. Andrews. 
*No. 39. Education for the home— Part IV. Bibliography, list of schools. B. R. Andrews. 10 cts. 

No. 40. Care of the health of boys in Girard College, Philadelphia, Pa. 

No. 41. Monthly record of current educational publications, November, 1914. 

No. 42. Monthly record of current educational publications, December, 1914. 

No. 43. Educational directory, 1914-15. 

No. 44. Covmty-unit organization for the administration of rural schools. A. C. Monalian. 

No. 45. Ciirricula in mathematics. J. C. Brown. 

No. 46. School savings banks. Mrs. Sara L. Oberholtzer. 

No. 47. City training schools for teachers. Frank A. Manny. 

No. 48. The educational musemn of the St. Louis public schools. C. G. Rathman. 

No. 49. Efficiency and preparation of rural-school teachers. H. W. Foght. 

No. 50. Statistics of State universities and State colleges. 

1915. 

*No. 1. Cooking in the vocational school. Iris P. O'Leary. 5 cts. 
No. 2. Monthly record of current educational publications, January, 1915. 
No. 3. Monthly record of current educational publications, February, 1915. 
No. 4. The health of school children. W. H. Heck. 
No. 5. Organization of State departments of education. A. C. Monahan. 
No. 6. A study of colleges and high schools in the North Central Association, 
No. 7. Accredited secondary schools in the United States. Samuel P. Capen. 
No. 8. Present status of the honor system in colleges and universities. Bird T. Baldwin. 
No. 9. Monthly record of current educational publications, March, 1915. 
No. 10. Monthly record of current educational publications, April, 1915. 



IV BULLETIl^ OF THE BUEEAU OF EDUCATIOK. S^ 

No. 11. A statistical study of the public school systems of the southern Appalachian Mountains. ^v»^ 

Norman Frost. 
No. 12. History of public school education in Alabama. Stephen B. Weeks. 

No. 13. The schooLhouse as the polling place. E. J. Ward. I 

No. 14. Monthly record of current educational publications, May, 1915. 
No. 15. Monthly record of current educational publications. Index, Feb., I9l4r-Jan., 1915. 
No. 16. Monthly record of current educational publications, June, 1915. 

No. 17. Civic education in elementary schools as iEustrated iu Indianapolis. Arthiir W. Dvmn. 
No. 18. Legal education in Great Britain. H. S. Kichards. 

No. 19. Statistics of agricultural, manual training, and industrial schools, 1913-14. 
No. 20. The rural school system of Minnesota. H. W. Foght. 
No. 21. Schoolhouse sanitation. William A. Cook. 

No. 22. State versus local control of elementary education. T. L. MacDowell. 
No. 23. The teaching of community civics. 

No. 24. Adjustment between kindergarten and first grade. Luella A. Palmer. 
No. 25. Public, society, and school libraries. 
No. 26. Secondary schools in the States of Central America, South America, and the West Indies. Anna 

T.' Smith. 
No. 27. Opportunities for foreign students at colleges and universities in the United States. Samuel P. 

Capen. 
No. 28. The extension of public education. Clarence A. Perry. 
No. 29. The truant problem and the parental school. James S. Hiatt. 
No. 30. Bibliography of education for 1911-12. 

No. 31. A comparative study of the salaries of teachers and school officers. 
No. 32. The school system of Ontario. H. W. Foght. 
No. 33. Problems of vocational education in Germany. George E. Myers. 
*No. 34. Monthly record of current educational publications, September, 1915. 5 cts. 
No. 35. Mathematics iu the lower and middle commercial and industrial schools. E. H. Taylor. 
No. 36. Free textbooks and State uniformity. A. C. Monahan. 

No. 37. Some foreign educational surveys. James Mahoney. ^ 

No. 38. The imiversity and the municipality. >- ■ 

No. 39. The training of elementary-school teachers in mathematics. I. L. Kandel. 
No. 40. Monthly record of cm-rent educational publications, October, 1915 
No. 41. Significant school-extension records. Clarence A. Perry. 
No. 42. Advancement of the teacher with the class. James Mahoney. 
No. 43. Educational directory, 1915-16. 

No. 44. School administration ia the smaller cities. W. S. Defienbaugh. 
No. 45. The Danish people's high school. Martin Hegland. 
No. 46. Monthly record of current educational publications, November, 1915. 



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